ARTICLES OF INCORPORATION
(As
filed in North Carolina, USA on the 20th day of February, 2003)
OF
EfolkMusic.org
These Articles constitute the Articles of Incorporation for the purpose
of forming a nonprofit corporation under and by virtue of Chapter 55A of the
General Statutes of North Carolina.
ARTICLE I
The
name of the corporation is EfolkMusic.org.
ARTICLE II
The purposes for which the corporation is organized are as follows:
(a)
THE PRIMARY PURPOSE OF THE CORPORATION IS TO FURTHER THE UNDERSTANDING,
APPRECIATION, PRESERVATION AND PERFORMANCE OF FOLK MUSICS OF THE WORLD, AND THE
DEVELOPMENT AND PROMOTION OF COMMUNITY AWARENESS OF AND INTEREST IN FOLK MUSIC.
(b)
to operate programs to inform and educate the public about folk music, folk
music artists, performances, festivals, radio play; to educate the public and
provide archival facilities for
preserving and disseminating folk music; and
to actively pursue endeavors deemed so necessary as to create new and better
opportunities for all those involved in folk music, opportunities for growth, to
learn and to share the common bonds of appreciation and participation in folk
music
(c)
to engage in any lawful act or activity for which corporations may be
organized under Chapter 55A of the General Statutes of North Carolina.
(d)
the corporation is a charitable corporation within the meaning of Section
55A- 1-40(4) of the General
Statutes of North Carolina.
(e)
notwithstanding any other provision of these Articles, the purposes for
which efolkMusic.org
is organized are exclusively charitable and educational
including the making of distributions for such purposes to organizations
under Section 501(c)(3) of the Internal Revenue Code (or the corresponding
provision of any future United States Internal Revenue Law).
ARTICLE III
Except
as otherwise limited by these Articles, in furtherance of its purposes, the
corporation shall have all of the powers now or hereafter conferred by common
law and the statutes of North Carolina on nonprofit corporations organized under
Chapter 55A of the General Statutes of North Carolina.
ARTICLE IV
No part of the net earnings of the corporation shall inure to the benefit
of, or be distributable to its members, trustees, directors, officers, or other
private persons, except that the corporation shall be authorized and empowered
to pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of Section 501(c)(3) purposes.
No substantial part of the activities of the corporation shall be the
carrying on of propaganda, or otherwise attempting to influence legislation, and
the corporation shall not participate in, or otherwise intervene in (including
the publishing or distribution of statements) any political campaign on behalf
of any candidate for public office.
Notwithstanding any other provisions of these Articles, the corporation
shall not carry on any other activities not permitted to be carried on (a) by a
corporation exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986 (or the corresponding provision of any future
United States Internal Revenue Law) or (b) by a corporation, contributions to
which are deductible under Section 170(c)(2) of the Internal Revenue Code of
1986 (or the corresponding provision of any future United States Internal
Revenue Law).
ARTICLE V
The corporation shall have members as specified by the Board of
Directors.
ARTICLE VI
The directors of the corporation shall be appointed in the manner and for
the terms provided in the bylaws.
ARTICLE VII
A director of the corporation shall not be personally liable for monetary
damages for breach of any duty as a director except and only to the extent
applicable law restricts the effectiveness of this provision. Any repeal or modification of this article shall be
prospective only and shall not diminish the rights or expand the personal
liability of a director of the corporation with respect to any act or omission
occurring prior to the time of such repeal or modification.
ARTICLE VIII
Upon the dissolution of the corporation, assets shall be distributed for
one or more exempt purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code, or corresponding section of any future tax code, or shall
be distributed to the Federal government, or to a state or local government, for
a public purpose, as determined by the Board of Directors.
However, if the named recipient is not then in existence or no longer a
qualified distributee, then the assets of this corporation shall be distributed
to a fund, foundation or corporation organized and operated exclusively for the
purposes specified in Section 501(c)(3) of the Internal Revenue Code (or
corresponding section of any future Federal tax code).
ARTICLE VIII
The
street address, mailing address and county of the initial registered office of
the corporation in the State of North Carolina are 316 Reade Road, Chapel Hill,
NC 27516, Orange County; and the name of the initial registered agent at such
address is Christopher J Frank.
ARTICLE IX
The street address, mailing address and county of the principal office of
the corporation in the State of North Carolina are 316 Reade Road, Chapel Hill,
NC 27516, Orange County;.
ARTICLE X
The name and address of the original incorporators are as follows:
Name
Address
Christopher J Frank
316 Reade Road, Chapel
Hill, NC 27516
Elizabeth Valsing
316 Reade Road, Chapel
Hill, NC 27516
Tim Frank
Spencer IA 51301