Kentucky Member's General Proxy for Meetings of the Members of a Nonprofit Corporation

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Multi-State
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US-03183BG
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Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A: While not required by federal law, many states have residency requirements for a corporation's board members. No states require that all board members live in the state of incorporation, only the registered agent is required to live in-state.

Can Spouses Serve on the Same Board? It is generally legal for a couple to be board members at the same time, though some states do have laws that say otherwise.

Two or more offices may be held by the same individual, except the president may not also serve as secretary or treasurer.

Can my board of directors contain family members? Yes, but be aware that the IRS encourages specific governance practices for 501(c)(3) board composition. In general, having related board members is not expressly prohibited.

Some have few or no qualifications. Unless your bylaws have a provision which states that spouses or co-owners of a condo cannot serve simultaneously on the board of directors, then they both may run for and serve on the board. Q.

Can the same person be the President, Secretary and Treasurer of a corporation? Yes. A single individual may simultaneously serve as President, Secretary and Treasurer. This is common in small corporations.

By Brad Caftel bcaftel@insightcced.org August 2008 Page 2 The California Nonprofit Corporation Law defines a "member" as any person, including a corporation, who pursuant to the corporation's articles or bylaws has the right to vote for the election of one or more directors, or the disposition of the corporation's

Yes and no. In most states it is legal for executive directors, chief executive officers, or other paid staff to serve on their organizations' governing boards. But it is not considered a good practice, because it is a natural conflict of interest for executives to serve equally on the entity that supervises them.

In most states, spouses are allowed to sit on the board of the same nonprofit as long as the board meets the Internal Revenue Service requirements for nonprofit corporations.

Can my board of directors contain family members? Yes, but be aware that the IRS encourages specific governance practices for 501(c)(3) board composition. In general, having related board members is not expressly prohibited.

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Kentucky Member's General Proxy for Meetings of the Members of a Nonprofit Corporation