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Nonprofit Law/dissolution of 501 (c) (3)

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Question
Hi

Our 501 c 3 Search and Rescue team has to dissolve (we can no longer afford paying workers comp) How long to we have to take care of donating our assets and filing paperwork.  Thanks so much for doing this for people!

Kathy

Answer
As you wrote that you were in West Virginia, if the organization is a corporation it would need to comply with the the West Virginia Nonprofit Corporation Act which is available at:
http://law.justia.com/codes/west-virginia/2011/chapter31e/
and specifically Article 13 as to dissolution
http://law.justia.com/codes/west-virginia/2011/chapter31e/article13/
Note down at 31E-13-1309 that the dissolution will not be granted until the assets have been completed. I don't see any time limit when the organization would be "in the process" of dissolution.  Therefore, you would be considered an active corporation until you have been dissolved by the Secretary of State's Office.

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic

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I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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