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The main stream body of our church incorporated in 1961.

Sent to Legal Experts October 4 2007 at 6:08 AM
   

The main stream body of our church incorporated in 1961. Several members did not accept membership in this new church. New Mexico Statutes require this group to append the “Inc.” to their name every time it is used. They maintain they are both the original unincorporated church and the new incorporated church so maintain only one set of records and refuse to append the “Inc.” to their name. They have continued to harass members that refused to accept membership in the corporation. It is my understanding that they lost their original identity when they incorporated. Is this true?

 

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Shreveport, Louisiana

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Only letters suggesting they cannot by law consider themselves part of the original unincorporated group. They still consider themselves as both and harrass members that will not accept membership in the corporation church.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
October 4 2007 at 6:21 AM (13 minutes and 8 seconds later)
         
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Dear Samuel,

For this question we defer to IRS regulations. The formed unincorporated entity would have a tax id number. A new number must be applied for when the company now incorporates. You are correct, that the incorporatred intity now is the legitimate entity.

However, it is possible for the corporation and the unincorporated to co-exist and continue to operate seperately.

It would have to be shown that the INC was an alterego of the unincorporated organization, which it is not.

 



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October 4 2007 at 6:25 AM (4 minutes and 22 seconds later)
         
I am 100% satisfied with the answer of Ed Johnson. Thank you.

Samuel E. West
Customer (name blocked for privacy)
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