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LBHA's legal status question(s)

HOME Forums LBHA Board Matters LBHA's legal status question(s)

This topic contains 6 replies, has 4 voices, and was last updated by heritagemeadowsfarm heritagemeadowsfarm 1 year, 1 month ago.

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  • #21479 Reply
    Member: GA Bob Hayles
    Bob Hayles
    Participant

    Per the Articles of Association Revised – 2010, Article I:
    “The name of this corporation (as defined by the State of Texas) shall be Large Black Hog Association (LBHA). Its existance will be perpetual. It will be a non-stock and non-profit association.”

    and Article IV:
    “”The LBHA operates in accord with the laws Texas regarding Non-Profit Corporations and as a IRS 501 (c) (5) nonprofit agricultural organization.”

    Both Article I and Article IV identify the LBHA as a corporation. However, the bylaws, Revised – 2010 state:
    “1.1 NAME: The Nonprofit Unincorporated Association (as defined by the Texas Business Organizations Code) shall be known and referred to herein as Large Black Hog Association (LBHA).”
    “1.2 CHARTER: LBHA shall be chartered as a nonprofit unincorporated association under the laws of the state of Texas.”

    According to the IRS “Organization Select Check” search tool the LBHA id not listed as a 501 (c)(5) organization as stated in the Articles of Association, Article IV.

    Additionally, besides the Articles of Association Revised – 2010 and the Bylaws Revised – 2010 being in conflict with one another regarding the LBHA’s organizational status, i.e. a corporation or not, a check with the Secretary of State’s office of the State of Texas, the keeper of the records, shows no record of the LBHA at all, either incorporated or unincorporated.

    Officially, the LBHA does not exist in the State of Texas.

    Would someone on the board please explain to me (and to other members) just how the LBHA is organized and where it officially exists?

    #21492 Reply
    Member: GA Bob Hayles
    Bob Hayles
    Participant

    Come on, folks. These are simple questions that require straightforward factual answers, not a consensus arrived at after discussion by the board. It’s this simple:

    1. Is the LBHA a corporation or not? Yes or no.

    2. If yes, is it a 501 (c)(5) as stated in the Articles of Association – Revised 2010, Article IV? Yes or no?

    3. If that is yes, what is the name of the corporation as listed with the IRS, because Large Black Hog Association is not in the IRS database.

    4. If the answer to #1. is no, how is the association organized legally, and where?

    Simple, straightforward questions that don’t require board discussion.

    #21520 Reply
    Member: OK Phillip & Dena Parham
    Phillip & Dena Parham
    Participant

    Wow, I would like to know the answer to these questions. Following.

    #21556 Reply
    Member: PA Duane Luzier
    Duane Luzier
    Participant

    Large Black Hog Association – Texas Secretary of State Filing Number: 801243837 Entity Type: Domestic Nonprofit Corporation Original Date of Filing: March 15, 2010 Entity Status: In existence

    Kelly S. Luzier

    #21591 Reply
    Member: OK Phillip & Dena Parham
    Phillip & Dena Parham
    Participant

    Kelly, in light of all the ongoing discussions about the LBHA and you above answer concerning the org I went to the Sec of State of Texas and searched the number. As stated, the LGHA is registered and active. I am posting from the site below. I would like to see the minutes since 2014 uploaded as part of this conversation and open disclosure so the membership can see what is taking place.

    As of : 07/29/2016 07:57:01 AM
    This Page is Not Sufficient for Filings with the Secretary of State
    Obtain a certification for filings with the Secretary of State.
    LARGE BLACK HOG ASSOCIATION
    Texas Taxpayer Number 32041433247
    Mailing Address 524 PRIVATE ROAD 76 LEONARD, TX 75452-3692
    Right to Transact Business in Texas ACTIVE
    State of Formation TX
    Effective SOS Registration Date 03/15/2010
    Texas SOS File Number 0801243837
    Registered Agent Name CATHY COX
    Registered Office Street Address 524 PRIVATE ROAD 76 LEONARD, TX 75452

    #21592 Reply
    Member: GA Bob Hayles
    Bob Hayles
    Participant

    Phillip, I don’t see an “entity type”. Was that not available?

    #21598 Reply
    Member: IN heritagemeadowsfarm
    heritagemeadowsfarm
    Participant

    Entity Status as In Existence in the state of Texas as a Domestic Nonprofit Corporation

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