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04-30-2009, 08:25 PM | #1 |
RCC Junior Contributor
I am: gerry c.
Join Date: Aug 2003
Location: Sioux Lookout Ontario
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incorporation or numbersd co.?
As a group we are trying to decide which way to go to become a not for profit club, and thelast forums on the issue wre inconclusive. At the present time we get a land use permit from the MNR for an area we use to fly from. Last year we got a letter from dear old mpac
(municipal property assesment corp) along with a bill for taxes on property we do not own! We have appealed and to date have not heard back on the subject. Me thinks that because we fall with in the boundries of the local municipality they want to walk us to the slaughter house. We will not stand for this and therefore must come up with a plan to stop the local government from this heavy handed cash grab... so therein lies the original question, incorporate or numbered company, or just a declaration as being a not for profit group. any suggestions will be appreciated. thanx Gerry |
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05-01-2009, 07:38 PM | #2 |
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Re: incorporation or numbersd co.?
Gerry,
My understanding is that as a simple association, you're in the same category as a partnership, and all members of the club are liable for the debts of the club. Incorporating sets up the club as a legal entity, who would be solely responsible for its debts, and protecting the membership from being called on to pay those debts. There is no real difference between a numbered corporation and one with a name, except that the latter requires a name search (about $35 a search or so). You can have it both ways, but it becomes cumbersome. The club name would become "Big Boomer Sailplane Club (12345678 Ontario Ltd.)" on all the lega papers as opposed to just 12345678 Ontario Ltd or Big Boomer Sailplane Club Ltd In creating the corporation, you have to declare that the corporation will be not-for-profit (plowing excess funds back into the club for field acquisition/improvements is a valid item to the best of my knowledge and a common practice). There's lots of information on the Government of Ontario Department of Corporate and Consumer Affairs on setting up corporations, especially not-for-profit ones. Also lots of stuff on MPAC. Remember that MPAC is a provincial body, and independent of local municipalitieis. It's the local municipality that will send you a bill that you have to pay. What I see as your priority items are: 1) Why did MPAC send you the bill and not the MNR, since you are a tenant? 2) Does your MNR permit actually make you the owner of the property, better check with MNR on this. Last edited by Guest; 05-01-2009 at 07:44 PM. |
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05-01-2009, 07:59 PM | #3 |
RCC Pro Contributor
I am: Cheshire C
Join Date: Jan 2004
Location: Newmarket Ontario
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Re: incorporation or numbersd co.?
The reply you have is only partially correct.
You unfortunately are not totally informed either by any opinions on this site. You have lots of issues here and there will be lots of minor points of which people would not be aware, lacking a full examination of your situation. What you need is professional legal advice, not opinions on legal matters from people who are merely dilettantes. Yes, it costs for professional legal advice. Not surprising. But then I don't imagine that you work for free either, whatever it is you do. People don't even retire for free - they get pensions. Free legal advice would only be worth what you've paid for it. |
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