[Businessmtg] Possible amendment for the current motion
Anne K
annabelina2 at gmail.com
Thu Jan 20 05:32:40 PST 2022
All, my question did not refer to anything **after** submitting the documents for incorporation. My question - copied here -is
"Do we need to add an amendment to the current motion to say that if Steve should be unable to file the incorporation documents; that the Steering Committee then has the responsibility to do so? No offense to Steve, but life can be unpredictable and I am concerned that Motion 10 mentions Steve and no one else."
I appreciate that Steve feels this is a non-issue.
However, life happens - people get busy and set stuff aside; people can develop mental health issues and be unable to remember obligations or events; people can become physically ill and end up in a hospital unable to communicate for weeks; people can die suddenly. I am not being alarmist. I am trying to ensure that if something happens to the sole person responsible by name for filing the documents, that this effort will continue.
I am formally requesting an amendment to this motion saying "If Steve is unable to fulfill the duties spelled out by Motion 10, then the Steering Committee will ensure the incorporation documents are filed appropriately."
Anne K
On Jan 20, 2022, at 2:40 AM, Steve Rankin <steve at serenitysys.com> wrote:
Hi folks,
I really don't know what the fuss is all about.
From my perspective, the issue about who is designated to prepare the documents and submit them is unimportant. What is the importance and consequence if I got hit by a bus? How would that affect ASP?
The answer is simple. Some, maybe more than you think before the docs are submitted. After the docs are submitted? Practically zero; just delete my name from then corporate records. Poof!
There are three important concepts that everyone seems to be missing.
1. Between now and when the complete package of incorporation documents is submitted, nothing changes at ASP. Legally, nothing has changed. Nothing.
2. Once the complete package of incorporation documents is submitted, the process to incorporate is underway and proceeds automatically.
3. In between there are other documents that must be prepared to submit. For example, the list of officers on the Board of Directors, aka our Steering Committee.
Some have talked about how they are worried. "OMIGOD, what if Steve gets hit by a bus? ASP's incorporation will vanish into the black hole of the universe."
Not hardly folks. Once the button is pushed to submit all of the documents, including the list of officers serving on the Board of Directors, the incorporation is merely a matter of the agencies involved doing their bureaucratic dance. One of the dances they do is recording the names of the officers (which they call Governors) of the organization. The list would include all of the officers, not just me.
The point is that what some of you seem to worried about - and the need to redo Motion #10 to include the officers, yada yada - is totally unnecessary as that is a natural part of the process that occurs very shortly after the documents are submitted.
At that point, ASP exists as a legal entity just as much as a real person, and control of that legal entity belongs to the Steering Committee, not just me.
Love and SERENITY,
Steve
What is ASP today?
For all practical purposes, ASP does not exist as a legitimate entity in the eyes of the world outside of our members.
What does incorportation do that's different? It
is much ado about nothing.
Why is that? Simple.
Several documents must be submitted to the Secretary of State (via the agency) for the process to begin. One of those is the list of members of the Board of Directors. AKA the members of the Steering Committee.
In other words, at that point, both the agencies involved have been informed of who is on the Board of Directors - I no longer "own" the process or ASP in any way.
I repeat in other words. . . my job is merely to assemble the entire array of documents and submit them. . Once they have been submitted, the process is informed of who the officers are, etc.
BEFORE SUBMITTING: If I got hit by a bus before submitting, ASP is right where it is today, except for whatever progress has been made preparing necessary documents.
AFTER SUBMITTING: If I got hit by the bus after submitting the documents, then the process continues automatically - I am not needed for the process to continue.
Motion #10 stipulates only three things:
1. That I prepare the documents.
2. That the members of the Steering Committee sign documents as needed.
3. That I SUBMIT the documents.
Once the documents have been submitted, the process is on autopilot and doesn't need me anymore. ASP becomes incorporated, the knight on the white horse saves the fair princess and everyone lives happily ever after.
One of the advantages of incorporating is that corporations are perpetual - they survive regardless of the death of any of the principles. Other legal forms of
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