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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 100053
Experience:  Counselor at Law.
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I am involved in establishing a PTO in Florida new school.

Customer Question

Hello, I am involved in establishing a PTO in Florida for a new school. In pursuing state and federal requirements for articles of incorporation, they have areas that overlap and some that don't. Am I able to have two sets of articles, one for state and one for federal so I can use existing templates to filing?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

No. Federal and state law coexist. There is something called federal preemption. This means that federal law always overwrites state law if state law CONFLICTS with federal law. However, state law can add to federal law.

Example:

Federal law: only people with blue shirts can go out on Monday.

State law: only people with red shirts can go out on Monday.

Result: state law is invalidated. Blue shirt people rule Mondays. Others cow in fear of their Blue-shirted Monday overlords.

BUT

Federal law: only people with blue shirts can go out on Monday.

State law: only people with long sleeves can go out on Monday.

Result: state law adds to federal law. In that state, Blue shirt people who have long sleeves rule Mondays. Others cow in fear of their Blue-shirted Monday, long-sleeved overlords.

So there is no need to have two separate sets of articles. However, the articles of incorporation have to abide to both Federal and State law. If the state law conflicts with federal law, federal law controls. If state law supplements federal law, then both sets of laws must be followed.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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