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Nickname:
DuckMike
Posts: 201
Member Since: 11/05/03
Posted: 11/2/2009 9:53am Views: 330 Replies: 2
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Switching from LL to CR
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Has anybody had experience with a local Little League that decided to switch to another organization, i.e. Cal Ripken?
Specifically, what happens to the money and other assets of the local LL? Does Williamsport or the appropriate regional LL HQs tend to get involved in this question, or do they acquiesce to the transfer of assets?
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Nickname:
TG.
Posts: 3418
Member Since: 7/25/07
Posted: 11/2/2009 12:02pm Views: 305 Replies: 1
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Re: Switching from LL to CR
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A few LL's in our area made the switch. I believe since they were incorporated as Our Town Baseball Inc. with LL as a program under the umbrerlla, unless someone wanted to carry foreward as a LL they got to keep the assets of the LL.
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Nickname:
Frank_B
Posts: 6567
Member Since: 12/16/02
Posted: 11/2/2009 2:31pm Views: 278 Replies: 1
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Re: Switching from LL to CR
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Following is what is written in the LL "Sample Constitution." Given that this Sample Constitution is recommended-[by LL,Inc]- for adoption by all leagues; it's reasonable to assume it's in alignment with LL Inc., policy re dissolution of property.
Entitled: "Distribution of Property upon Dissolution"
Quote: ...."Upon dissolution of the Local League and after all outstanding debts and claims have been satisfied, the members shall direct the remaining property of the Local League to another Federally Incorporated entity which maintains the same objectives as set forth in Article II of this Constitution,which are or maybe be entitled to exemption under Section 501-(c)-3 of the Internal Revenue Code or any future corresponding provision." [End quote]
Edit to corrected title
Frank!
[ Modified 11/2/2009 3:32pm by Frank_B ]
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Nickname:
Lou_B
Posts: 13828
Member Since: 4/30/02
Posted: 11/3/2009 6:44am Views: 231 Replies: 0
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Re: Switching from LL to CR
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Upon dissolution of the Local League
Those are the key words!
Is some people want to "stay" with LL then the league is NOT dissolved and those people get to keep the assets (Williamsport will "assist them" in keeping the assets if needed).
If everyone decides to leave LL then the league is "dissolved" and the assets are disbursed as described in the league Constitution.
We had some disgruntled parents and a few BOD members in one of the leagues in our District that attempted to move the league to a different organization.
Many of people (and the other BOD members) wanted to stay with LL so they did.
The disgruntled parents/BOD Members tried to start a new league but had no money or equipment and got very few kids to sign up with them so eventually most came back to the local LL.
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Nickname:
johnc123
Posts: 362
Member Since: 11/18/04
Posted: 11/2/2009 2:30pm Views: 278 Replies: 1
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Re: Switching from LL to CR
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I heard that when a LL near here try to migrate to CR, WP said that the local league would have to reimburse WP for all improvements to the facility, which seems pretty odd since it was the local league, not WP, that did all that. For whatever reason those guys didn't go through with it.
It's good to have a lawyer on your board when stuff like this comes up.
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Nickname:
senior
Posts: 399
Member Since: 9/15/00
Posted: 11/3/2009 7:18pm Views: 172 Replies: 1
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Re: Switching from LL to CR
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It sure would be great if there were a lawyer on your board. Normally that won't be the case, so......
1) Be sure you're incorporated.
2)Make sure you hav the support of your MEMBERS (not necessarily the parents). Be sure you do everything by the book, i.e. the notification of the MEMBERSHIP meeting, determining a quorum, secretary certifying the eligible voting MEMBERS, attendance recorded, etc., etc.
3) Get an Attorney involved to draft your necessary motions, and smooth out your problems with a corporate name change and legalize it with the Sec. of State, etc.
4) If handled correctly, you are still the same body, with a different name.
5) You can't just spring this on folks, they have to be kept informed, and the earlier, the better.
6) Since you'll still be operating under the Little League constitution until the bond is severed, read the constitution, and do as it says. Leave no stone unturned, as rumors will surface claiming "Little League" owns "everything", has rights to "everything", etc. Not so, if you're incorporated, and Little League has never been known to provide "funding" for your purchases, etc.
By forcing leagues to include "Little League" in their names, it helps perpetuate the myth that "Little League" owns everything. Actually, your local corporation owns its own property, etc. "Little League" owns nothing.
You can help yourself by having an updated constitution, carefully defining "members", and doing everything by the book.
You shouldn't try this without an Attorney's guidance and advise. Nothing is impossible, but exiting Little League will challenge you to the max.
Senior
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Nickname:
Frank_B
Posts: 6567
Member Since: 12/16/02
Posted: 11/4/2009 2:41pm Views: 115 Replies: 0
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Re: Switching from LL to CR
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I'm not a lawyer, or accountant.
But my "belief" is: any organization operating under the Internal Revenue Code Section 501(c)(3)--[tax exempt status]-- and such organization goes defunct; the "Infernal" Revenue Service mandates any remaining assets must go to another/any organization operating under the IRS tax exempt Revenue Code.
IOW--LL Inc: -[Williamsport]-never has had claim/title, nor is entitled to claim/title, any assets remaining when a league goes defunct---whatever the reason might have been for that little league no longer in existance.
[Never had it happen in my/our District. But a adjacent town-[2 leagues]-...different District, went Cal Ripken two year ago.I was told they got to keep their assets...which amounted to "big money" and equipment as LL's go.
Yep---they were "lawyered up".... and uncontested by LL Inc.
Frank!
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