Hello, I will be helping you.
Did you ever sign any resolutions on behalf of the company?
I have not signed any document.
It would be difficult then to associate you with the organization. Not that they may not try but being the "brother of" does not equate liability
How do I respond to the letter I received?
I would send the gentleman a notice back saying that you are not associated with this organization and that he needs to direct all inquiries to the organization itself
Was your name mentioned in the 501c3 application?
Yes, my sister said the attorney filed the application with three board members names, including mine. When the papers were presented to me for signature, I declined to sign.
In the letter, should I state that I had no knowledge of this matter and reference my sibling relationship?
Not withstanding your denial, the fact that you are named as director in the application may mean that you are actually a director. Do you know if the company is a corporation?
In that case, anyone can apply with your name as the director of an organization and you would be liable. Isn't some type of affirmation required by me to be a director?
I believe it is incorporated.
Any further guidance?
please bear with me
I just briefly looked at a 1023 not for profit application and I did not see the requirement of directors to sign their name. However such signature would generally appear in the additional documents that are submitted with the application
since most likely your SS appeared that should suffice from the perspective of the application
Yes, which I declined to sign.
what are my options?
I think you should assume (at least from your perspective) that you are a director. Now, do not forget that this is a corporation and you are still protected by its limited liability status
Directors are generally not liable to the debts of the corporation
Ok, I should respond as described?
You could deny being a director I would not reference your sister as your family member simply refer the person to the organziation
Ok. I will deny directorship, and will not reference my sister specifically.
It's probable that the president of the national organization is being pressed by his board about this debt.
you should also consider issuing a written notice to your sister where you are shocked to discover that someone considered you as a director of the company and that you demand her written affirmation that in fact you are not'
Great. Will do.
I appreciate your help.
Please rate my answer. Good luck!
One additional question: does the notice to my sister need to be notarized?
no. you can even send by email
Oh, okay. Thanks again. Will rate as excellent :).
Thank you. Cheers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).