Nonprofit Law/501c3 obligations


We have been members of an athletic booster club for several years that we pay to belong to.  We have never had any sort of board meeting, we have never received financial information(budgets, taxes, where funds go etc.). We have never held a vote to fill any positions on the Board - the same person has been the CFO, CEO and Secretary for many years.  A new booster club was formed last year,but the former booster club is still active.  Does this sound legit?

Unless you were party to an agreement whereby the new booster organization would take over from the older booster organization, then the older organization may operate.  Before I could inform you whether that older organization is operating properly as to its internal operations and members ability to vote or receive financial information, I would need to know what type of entity it is. Confirm whether it is a Georgia Nonprofit Corporation, a Georgia unincorporated nonprofit association or a Georgia Charitable Trust. After you give me that information I will reply further.  In any case, I would need to either see a copies of its articles of association and bylaws or you would need to inform me whether those organizational documents grant rights such as voting for you people who belong.

Harvey Mechanic
Attorney at Law

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


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. 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 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 "" without the quotes and then add your search terms before hitting enter.


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.


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

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

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