Help: legalese

Subject: legalese
From: Kristi H
Date: 09 Jan 00 - 07:37 PM

I have a possible legal question. Our friend, JU has cancer and neither his wife or he are working. They have also left their home and have to support an apartment in another city. We are organizing several benefits and someone brought up the question of what we need do to legally do this and not adversely effect the organizers or the recipients financially. It looks like we will have some television and print advertisement.

My question is: Does any here know the legal part of raising money for a family in need? All money raised will go direclty to our friends. Can anyone here help us with this question?

I realize this isn't a music question except that lots of musicians will be performing at the different benefits, and the recipient is a master clawhammer banjo player in addition to being a wonderful songwriter. Thank you in advance, Kristi

Subject: RE: Help: legalese
From: Barry Finn
Date: 09 Jan 00 - 07:52 PM

Hi Kristi, sorry I have no answers for you but this is very much related to what we're musically all about. Maybe you could post where these benifits will happen when you know so others may join you. Best of luck with your friends & the benifit. Barry

Subject: RE: Help: legalese
From: katlaughing
Date: 09 Jan 00 - 08:08 PM

Hi, Kristi. I know when we have such funds start up here, people usually send their donations into a fund set up at a bank, for that purpose. I would assume the bank knows how that is to be done legally, but it would be best to call a local legal aid society or, you could check with the Consumer Affairs Office of the Florida Attorney General

I found the following at another website. Who knows if it applies in your isntance, though? Good luck and all our bets to J.U. & Wanda. I'll send more in a private message. Katlaughing

CONTACT:
State of Florida
Dept. of Agriculture and Consumer Services
Solicitation of Contributions
P.O. Box 6700
Tallahassee, FL 32314-6700
[phone]

HOW TO REGISTER:
Charitable organizations, sponsors, professional fundraising consultants and professional solicitors are required to register the the Department, prior to engaging in any solicitation activities in the state of Florida.

Contributions received preceding fiscal year Fee
Less than $5,000 $ 10
$5,000 or more, but less than $100,000 $ 75
$100,000 or more, but less than $200,000 $ 125
$200,000 or more, but less than $500,000 $ 200
$500,000 or more, but less than $1,000,000 $ 300
$1,000,000 or more, but less than $10,000,000 $ 350
$10,000,000 or more $ 400

REGISTRATION DATES: Must file annually or at the time of filing extension for federal return

OTHER REQUIREMENTS: At the time of your application for registration, you must provide a copy of your IRS 990 and Schedule A, or IRS 990EZ form, or a financial report on a form prescribed by the Division

A newly established charitable organization with no financial history must file a budget for the current fiscal year

STATUTORY AUTHORITY:

Florida Statutes, Chapter 496 : Solicitation of Funds

Telemarketing Act

Disclaimer: The information contained on this page is for research purposes only. We recommend consulting with professional advisors before applying this information to specific situations. In addition, the information on this page was current as of the date shown immediately under the title. The law may have changed after this date. This page does not reflect changes in law after this date.

Subject: RE: Help: legalese
From: katlaughing
Date: 09 Jan 00 - 08:12 PM

and of course, that's "all our best to J.U. & Wanda!"

Subject: RE: Help: legalese
From: Kristi H
Date: 09 Jan 00 - 09:34 PM

Thanks, Kat. I found the consumer affairs division of the State of FL, but all the info is geared toward protecting the donator and I couldn't find out how to actually register and do it so no one would report us to Consumer affairs. We've spent a lot of time talking about it, but no one knows how to do it right(meaning, properly in our legal and beaurocratic system.), not that I am complaining about our legal system.

Subject: RE: Help: legalese
From: Pete Peterson
Date: 09 Jan 00 - 11:04 PM

can't help on this but my thoughts are with you! I just emailed JU privately on the murky workings of RNA mimics (the 5-FU which he is taking)

Subject: RE: Help: legalese
From: DonMeixner
Date: 09 Jan 00 - 11:12 PM

Kristi,

If you do have a fund raiser, email me and I'll send down a silver bracelet for you to raffle.

Don

Subject: RE: Help: legalese
From: Kristi H
Date: 09 Jan 00 - 11:33 PM

Don, Thank you. We are having a fund raiser sponsored by our band on Feb. 6. We would love a donation for raffle. I would send you a personal reply, but haven't figured out how to do that. If you know how, please do so I can give you the details. Thanks, Kristi

Subject: RE: Help: legalese
From: DonMeixner
Date: 09 Jan 00 - 11:40 PM

[e-mail]

Subject: RE: Help: legalese
From: katlaughing
Date: 09 Jan 00 - 11:40 PM

Kristi, just go to the Quick Links box (at the top of this page), pull down the menu, choose Send a Personal Message and click on Go. When the blank box pops up for the codename, type in the first name and/or letters of the person's name and choose Go, again. If you have their whole name exactly right you could put it in instead, but if you aren't sure, just the first few letters, as in Don's case, just his first name, then you get all thta start with d-o-n and can choose his.

It'll walk you through the rest.

I would be happy to donate a necklace and earrings, too. Just let me know where, okay?

Subject: RE: Help: legalese
From: paddymac
Date: 10 Jan 00 - 12:11 AM

Laws vary from state to state, so check with authorities in your state. Suggest you also seek advice from someone familiar with the tax code, as gifts over a certain threshhold are treated as taxable income.

Subject: RE: Help: legalese
From: Charlie Baum
Date: 10 Jan 00 - 12:43 AM

Another possibility may be to funnel the benefit and funds through a church, using the minister's discretionary funds, particularly if JU or the local folk community is associated with a church. But do check with a lawyer locally, as there are federal and state (and perhaps local) laws governing the conveyance and non-taxability of gifts.

And good luck to JU and his family.

--Charlie Baum