John Watson has served as Vice Chief/President for the
past five years and is a proven leader with a common sense approach.
What are the fundamental differences
between the thinking of the Plaintiffs and the Defendants, see below for
the differences between being a Organized Group Vs. an Unincorporated Association
being an unorganized group.
As we go into this election
it looks like you have a choice based on organized or unorganized officials.
It was never thought that we would be taking sides in an election based on
Plaintiffs as an organized group and Defendants wanting as an unorganized
group.
Our court filing, the Plaintiffs was based as an organized group under State
Law. The court has ruled in our favor three times and would not entertain
their filing as an unorganized association.
The Western Cherokee was setup to be legally organized
group, today some people are trying to change this. Read Articles of the Pros and Cons of being a Corporation vs.
Unincorporated Association before you decide which side of the fence you
wish to be on, Organized Group or
Unincorporated Association which makes you
much more liable. At the bottom of this page you can research this
for yourself:
NOW IT IS YOUR CHANCE TO MAKE A CHOICE FOR OUR FUTURE, WHO DO YOU WANT REPRESENTING YOU,
THOSE WHO WANT US TO BE ORGANIZED, the Plaintiffs
OR THOSE WHO WANT
US TO BE UNORGANIZED the Defendants? Read the pros and cons
below.
PROS and CONS
Being Organized and having a legal entity recognized
by the State protects you the people in the following ways:
Being Organized means doing business as a Non-Profit or for Profit until or if we are
Federally Recognized.
As an Organized group we will be protecting the membership, individual
officers and directors and from personal liability.
Being Organized is
often a prerequisite to obtaining
private grants or government funding. Donors are more likely to contribute
financially to tax-exempt, not-for-profit corporations.
We believe in working in a way that will protect us and allow the Western
Cherokee to be able to purchase insurance as a group to protect us from accidents
and liabilities if one would occur.
As an Organized group the Western Cherokee would be known as a legal
entity in all legal issues. Your elected officials will be able to deal with legal
issues that are always part of doing any business of any kind
Being organized, recognizes the Western Cherokee as a legal entity and we are
protected by our Constitution, By-laws and the State.
By the Western Cherokee being recognized as a Non-Profit Corporation we are
protected under the Volunteer Protection Laws. This protect us if a
volunteer would do something that could harm us.
By being organized only the corporation would be liable for all taxes and
income.
As a Organized group it is understood who owns it and what it is for, no one can
make claim to it.
As an organized group with the State nothing could be sold, transferred, dissolved, unless it was done legally.
Being an Unincorporated Association has the
following problems associated with what the Defendant and their Associates
want the Western Cherokee to be seen as:
Proof is in their filing with the court Click Here to read (pfd)
Being a Unincorporated Association means you are doing
business more as individuals, not as a group. We would not have a legal
entity for the State to recognize us as.
Unincorporated Association have a hard time
getting state, federal or private funding and individuals are less likely to donate when the
group is not tax
exempt.
As an Unorganized group the membership, individual officers and directors
can be personally liability if an action was brought about against the Western
Cherokee.
Being a
Unincorporated Association would mean you
have to form a trust or put property in the name/s of individuals or another
corporation.
Being unorganized
there in NO reliable and consistent set of rules concerning
formation, administration and governance, which lets people do what they want
went they want and creates difficulties and uncertainty when questions arise
as to how things are to be done.
Being Unincorporated Association would make it difficult for the Western Cherokee to gain insurance
and expensive if a company would insure us and still could
hold the membership personally liable.
As an Unorganized group they are willing to Risk the membership, individual
officers and directors personally if the Western Cherokee is ever sued.
As an Unincorporated Association there is NO legal entity called the Western
Cherokee to enter into a legal action if one would arise, as there is always
something happen when doing business of any kind.
By them filing as an Unincorporated Association all our members could be personally
responsible for someone having an accident while they are doing (volunteering)
something for the Western Cherokee.
By being an Unincorporated Association members could be personally responsible
for income taxes.
As an Unincorporated Association, anyone can take claim to Western Cherokee
properties and possibly put them in their names if there is no corporation.
As a Unincorporated Association members could be personally responsible for
debts, taxes etc. If the elected officers ever wanted to dissolve everything
it would leave it up to the individual to personally fight for what is supposed
to belong to the people. You would have NO laws to protect the people.
Those that want have filed, as an Unincorporated Association and their associates
who do NOT want us to be seen as a legal entity in any way by the State:
NOW IT IS YOUR TIME TO MAKE A CHOICE, WHO DO YOU WANT REPRESENTING
YOU, THOSE WHO WANT US TO BE ORGANIZED, the Plaintiffs
OR THOSE WHO WANT
US TO BE UNORGANIZED the Defendants?
Those who supports the Western
Cherokee as a Organized Group?
President/Chief: John Watson, Vice President/Vice Chief:
Ron Quick
Treasurer: Roberta Miller
-----------------
Board/Council: Jeff Cover, Barb Emmons, Cynthia Cooper,
-----------------
Those who do NOT
support us being organized
but supports the Western Cherokee as a Unincorporated Association?
James Ellis, Lisa Thompson, Eric Smith Janet Smith, Fran Rutherford, Bill
Sischo, Diane Dee, James Gowan, Gail McElfresh, Geneva Merritt, Wanda Campbell,
Larnce (Larry) Bailey, Lancer Blair, Laurie Spencer, Estelle B. Foster, Carlo
Carlino, Wanda Campbell, Tim Spencer, Ron (RollingThunder) Clark, James (Little
Chief) Gowan
Benefits of Tax-Exempt, Not-For-Profit Status
The primary benefits of tax-exempt, not-for-profit
status are financial. All or most of the money made by a tax-exempt,
not-for-profit corporation is free from federal, state, and local
taxation, so the organization can devote a larger share of its funds to
the purpose for which it was formed. Furthermore, not-for-profit status
is often a prerequisite to obtaining private grants or government
funding. Donors are more likely to contribute financially to tax-exempt,
not-for-profit corporations than to non-exempt organizations because
donors can write off the donations on their tax returns. In addition to
tax benefits, there may be low-cost postage and advertising rates
available to not-for-profit organizations, and many retail stores offer
reduced rates to nonprofits and their employees. As with all other
businesses, nonprofits are open to lawsuits and liability for the way
they conduct themselves. Organizing as a not-for-profit corporation can
shield the individuals who run the organization from personal liability
for organizational debts.
The often-overlooked advantages of forming a tax-exempt,
not-for-profit organization are the internal benefits that the
organization gains when required to commit to writing its management
structure and corporate purpose. Many nonprofits start out as a small
group of committed persons working toward a definite goal. Having to
think through the organization's purposes and management procedures can
bring clarity, focus, commitment, and structure at an early stage in the
organization's life. These qualities can be invaluable as the
organization grows, takes on new projects, and adds new members, or if
internal disputes arise.
The Western Cherokee was setup to be
organized, today some people are trying to change this. Read Articles of the Pros and Cons of being a Corporation vs.
Unincorporated Association before you decide which side of the fence you
wish to be on, Organized Group
above or
Unincorporated Association which makes
you much more liable:
You Want Protection From Personal Liability for the Group's Activities
If your group finds itself the target of a lawsuit, incorporation can
provide welcome peace of mind. Nonprofit corporations can be sued -- but
their members and directors are generally protected from personal liability,
meaning that their own money, houses, cars, or other property isn't at risk.
That's not true of an unincorporated association.
IN THE SUPREME COURT OF THE STATE OF KANSAS In the absence of a statute
to the contrary, an unincorporated association is not a legal entity and can
neither sue nor be sued in the name of the association.
Find Law.com,
At common law in Missouri, an unincorporated association lacked legal
capacity because it "possessed no status apart from the persons comprising
it and was not an entity."
Find Law.com
Conflict of Laws: Full Faith and Credit: Foreign Judgment against
Unincorporated Association after Local Court Has Ordered Suits Stayed
Pending Liquidation of Assets.
Illinois Associations & Nonprofit LawWhile many nonprofit
associations benefit from forming not-for-profit corporations, small, local,
or labor organizations tend to prefer an unincorporated association format.
