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18 Sep 2018 21:27 #326506 by Kyrin Wyldstar

Tellahane wrote: No law was broken, I simply can't explain myself in any other way that doesn't involve violating personal privacy. I can't really say it any other way then that, if that makes me look like a victim trying to play the get out of jail card then so be it but thats that. I'm not continuing the discussion anymore as its clearly pointless, unless council and the members involved give me permission to do otherwise.


I did not say you broke any laws, I said you demonstrated unethical behaviour. The law portion pertained to the server that you keep saying is someplace else yet refuse to say where, and that the corporation of TojJO is a USA based corporation so its practices are subject to US law, not wherever this secret server location is.

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18 Sep 2018 22:41 #326516 by Senan
I'm a little ashamed to admit that I don't know this information more specifically, but I believe the server is under EU jurisdiction. Server space is less expensive in Europe. Should any case actually involve criminal activity, we will always encourage the accuser to go to local law enforcement and allow them to handle the investigation. TOTJO will provide whatever information they request and fully cooperate.

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18 Sep 2018 22:57 - 18 Sep 2018 22:58 #326518 by Kyrin Wyldstar
I think we have all "guessed" where the server is given it's current admin. But thank you senan for having the balls to say it. And if a criminal case is brought and law enforcement gets involved and a subpoena is issued I would expect totjo would comply and cooperate to the fullest. This place doesn't have the kahunas to pull an "apple stalemate" in any case. However short of that it is completely unethical for admins to just decide to go poking around in otherwise confidential Information. Do they scan the clergy requests as well to make sure everything is kosher? I would not put it past them. This is especially agregious given that this is supposed to be a holy place where people can come for council! It equates to the janitor rifling through the pastors files after hours just to see "what's up!"

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Last edit: 18 Sep 2018 22:58 by Kyrin Wyldstar.

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18 Sep 2018 23:06 #326519 by Br. John
The server is physically located in France. That's not a secret. We're under multiple jurisdictions which are at least Texas, US federal law, France, and The EU. A non-profit corporation does not have owners.

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18 Sep 2018 23:37 #326521 by Kyrin Wyldstar
Even if that were true, which I dont believe it is, how does that justify unethical behaviour?

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19 Sep 2018 00:38 #326535 by Br. John

Kyrin Wyldstar wrote: Even if that were true, which I dont believe it is, how does that justify unethical behaviour?


It doesn't. I'm not justifying anything. I'm giving information.

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19 Sep 2018 02:28 #326544 by Br. John
Read the original article here with live links cullinanelaw.com/nonprofit-law-basics-who-owns-a-nonprofit/

Who owns a nonprofit?
No one.


A major misconception about nonprofit organizations concerns ownership of a nonprofit. No one person or group of people can own a nonprofit organization.

Ownership is the major difference between a for-profit business and a nonprofit organization. For-profit businesses can be privately owned and can distribute earnings to employees or shareholders. But nonprofit organizations do not have private owners and they do not issue stock or pay dividends. And while nonprofit organizations can earn a surplus, that income must be reinvested in the nonprofit organization — possibly to benefit or expand programs according to the charitable mission. But that income cannot be distributed to persons.

If there is no owner, who manages and controls a nonprofit?
Once incorporated, the newly created nonprofit organization is a separate legal entity from its incorporators, directors, officers, and employees. The nonprofit corporation owns assets of the business and is entitled to receive the revenue from its operation.

Many nonprofits are managed by boards; others may be managed by voting members. When a nonprofit first begins operating, the board members, along with the founder(s), may perform many of the tasks of the organization. As the nonprofit grows, the board may begin hiring staff members to develop and lead programs as the board and/or voting members continue to oversee the organization.

But none of these individuals or groups have any ownership rights in the organization. And while they don’t own the nonprofit, they do have significant legal and ethical duties that cannot be delegated to others. Learn more about directors’ duties.

What about the founder? Doesn’t the founder of a nonprofit own it?
No. The founder does not own the nonprofit.

Certainly, starting a nonprofit organization takes considerable time, effort, and money. And the founder may feel closer to the mission and the programs than anyone else. But that founder does not have any ownership rights in the nonprofit.

Often times the founder will serve on the initial board of directors, which manages the nonprofit. The board safeguards the public’s interest to ensure that the organization operates in accordance with its mission and the purpose for which it was granted tax-exempt status and protects the assets of the nonprofit.

As a member of the board of directors, a founder has the same responsibilities as other board members. While a founder may feel closer to the organization that she helped to form, a founder has no ownership rights regarding the nonprofit corporation.

To whom is the the nonprofit accountable?
The organization is accountable to many constituencies.

The General Public. Nonprofits are created to provide a charitable purpose to the public good, whether as charities, educational programs, churches or religious groups, or scientific or artistic organizations.
State Agencies. Nonprofits must also comply with certain regulations in the states in which they operate. These may also require public disclosure of specific documents or the filing of certain reports.
The IRS. Certain tax-exempt entities follow rules set by the IRS to keep their tax-exempt status.

Can a nonprofit be sold?

No. A nonprofit cannot be sold to another individual or organization. Additionally, the assets acquired by a nonprofit were acquired with the understanding that they will be used to further the mission of that organization. If a nonprofit decides to cease operations, the organization must settle all debts and distribute all of the nonprofit’s remaining assets to another nonprofit corporation before it can be dissolved.

Learn More:
It should be noted that some states do allow nonprofit corporations to issue stock and own stocks. This is not common and it is not discussed above. Contact us for state-specific inquiries.

Cullinane Law Group: Can the Executive Director Serve on the Board?

Cullinane Law Group: What are the Duties of Nonprofit Directors?

Cullinane Law Group: Nonprofit Corporation Vs. 501(c)(3) Organization

The Cullinane Law Group works exclusively with the nonprofit tax-exempt sector: new nonprofits, foundations, religious groups, and social entrepreneurs throughout the United States who seek to create positive change.

cullinanelaw.com/nonprofit-law-basics-who-owns-a-nonprofit/

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19 Sep 2018 03:59 #326548 by Kyrin Wyldstar
Ownership has nothing to do with the question at hand. By definition, a corporation has no owner. It is a soverign entity so your reply is irrelevant. What is relevant, as you freely admit, is the actions of your officers in this corporation, which are exceeding the boundaries of their charter.

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19 Sep 2018 07:46 #326556 by Br. John

Kyrin Wyldstar wrote: Ownership has nothing to do with the question at hand. By definition, a corporation has no owner. It is a soverign entity so your reply is irrelevant. What is relevant, as you freely admit, is the actions of your officers in this corporation, which are exceeding the boundaries of their charter.


If you believe there is some illicit activity going on then you should call the authorities or file a lawsuit. I am not admitting anything. A for profit corporation does have owners. The stockholders are the owners.

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19 Sep 2018 08:08 #326557 by Tellahane

Kyrin Wyldstar wrote: Ownership has nothing to do with the question at hand. By definition, a corporation has no owner. It is a soverign entity so your reply is irrelevant. What is relevant, as you freely admit, is the actions of your officers in this corporation, which are exceeding the boundaries of their charter.


Nothing was un-ethical or beyond the boundaries of a charter, if you still believe otherwise feel free to have a private conversation with me about it and I will try and explain better privately what I can't explain as detail publicly. I've had a couple of these conversations now and each one ends with..."oh..ok well than that is fine, your an idiot for not wording that better the first time around" (to which I probably am).
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