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Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 1778
Experience:  Experienced lawyer
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The secretary of our state association did not file any of

Customer Question

The secretary of our state association did not file any of the necessary reports with the Sectetary of State and the non-profit Incorporation status was involuntarily terminated 18 months ago. In addition the State Comptroller's records show the Association is "not in Good Standing" and should not be conducting business in the State. We have since applied and been legally granted by the SOS our Association as a non-profit inc. The group that allowed the incorporation to be terminated cannot revive it and legally do not exist, yet they are still operating as a non - profit incorporation and not paying taxes that they are not exempt from. They have rented a venue and are planning a state Convention even though we now own the domain name and are now the legal owners of the State Association. Q. Can we file an injunction successfully to stop them from using our name and "inc." on their website, awards, registration paperwork and stop them from using our name at the convention? Should we notify the IRS about operating as a non - profit when they are not?
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Richard - Bizlaw replied 1 year ago.
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. You refer to yourselves as a state association. Are there members of this association? If so are the members aware of this situation?
Customer: replied 1 year ago.
The (old / terminated ) association has 250 members - they are not yet aware that the President, Secretary, Vice President and Treasurer have not managed the association correctly leading to the involuntarily termination of the incorporation by the Secretary of State.* I attempted to bring this information to the membership at the last open board meeting but the Presudent called me and told me that The Board had expelled me from the association and that I was given a criminal trespass warning and that I would not be allowed to appear ( according to the bylaws ) and he said to just sue them.
Customer: replied 1 year ago.
Of course we know that they are a Board anymore because the non-profit incorporation has been dissolved by the State...and I now own it as the Director.
Customer: replied 1 year ago.
Customer: replied 1 year ago.
When I say "according to the bylaws" I mean that if any member is expelled it requires notice which they didn't give me and requires that I be allowed to answer which they prevented me from doing.
Customer: replied 1 year ago.
...all actions that they took with no authority because they don't legally exist...smh
Customer: replied 1 year ago.
Anybody home?