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How to Series:
Setting up your tribe properly!
Financial
concerns is #1 issue

The number one response I get when I ask how tribes are set
up, is, "What difference does it make?", or "don't know, don't
care!"
Here is why
it's makes a difference, if tribes are set up with the state, as a non-profit
corporation, they may
qualify for federal or
private grant money.
There is a great deal of grant money out there for the tribes if they know where
to look and how to apply! You don't need to set up this way, however, to qualify
or receive one. It does look better, if the tribe is asking, rather than one
man.
One such grant
was used, in part, to fund the Indian video project, which some tribes saw first
hand at the recent Hall of Fame induction ceremony. A video crew was on site to
film some of the warriors responding to questions about their tribes and who
they were. Scenes such as this are going on all the time as video is made of the
Indians and their practices, their traditions and their actions to study how and
why they go about the cultural celebration. Many still predict that the Indian
culture is under full assault and will soon become extinct.
Hence the
almost gold rush to document the culture and keep it at least on record and in
the archives for future Louisianans to see. What most of the tribes don't know,
for that matter, a lot of us didn't know, is that there are many organizations
that are out there that will give money to non-profits to SAVE the culture as
well as document it.
But the first
order of business is to set up the non profit corporation to locate, write
and apply, receive, then administer any grants that may be out there, for
the purpose of the culture.
First then, is
the corporate setup of the tribe.
I.
First order of Business is to find out what name to give the corporation. Give
some thought to this one. Please don't name the corporation another name than
the tribe, unless the following applies;
a. You are going to have more than one tribe,
b. You foresee branching out as a definite possibility,
c. Your tribe has a very bad reputation for violence or has had a violent
pass on an incident lately
II.
Second order of Business is to decide whether or not you want to become one of
three types of non profits available.
a. 501 (c3) organization
b. 501 (c7) organization
c. 501 (c8) organization
III.
The next step is to locate and retain a good competent notary public. You are
going to need this person to certify every document you sent into the secretary
of state.
IV.
The entire tribe,
their spouses plus other interested parties must be present at the first meeting
of the board to assemble and elect a president. That first meeting must be
recorded as minutes to satisfy the rules of the proposed corporation.
The body must then in the minutes, invest the board by show of hands, the power
to act in their stead and to manage corporation business, at which point,
the board is then, "presented to the body", by name and title. The
board with the "body" watching then enacts the wishes of the body and
names the corporation, makes the final decision of the type of corporation and
directs the secretary to formally, "incorporate" the business.
V.
The then duly elected C.E.O., President, V.P., and Secretary,
now gets the minutes certified by the notary, and then proceeds to fill out the
forms to file for the creation of the business. The notary will then witness the
signatures on the papers and send those papers to the Louisiana Secretary of
State office to be duly recorded. The Secretary of State will then cause a
"charter" to be created for your corporation. Store this
document away in a safe place.
VI.
Now you must call the federal government to file for a tax I.D. number. You will
receive that number over the phone. Safe guard that number, at all costs. You
will need it to receive tax breaks and credits. Now be sure to do the same
for the state. Be sure to tell them you are a non-profit organization.
VII.
Now visit a good artist and get the tribe's logo started. While that's being
generated, have the body or the board come up with a great slogan, to go along
with the tribes name. When the logo and slogan are complete print three copies
and get them notarized. Fill out the paper work to the Secretary of State
and file for trademarks on the tribes name, logo, history and slogan, in the
state.
VIII. Now you
will need a Corporate seal to cover all company decree and official documents.
There are plenty of good seal makers in the phone book. It is best to have your
logo incorporated into your seal if you can. Also have a rubber stamp made
of the corporate logo as well.
IX. Have
your stationary made, along with any envelopes that you will need.
There you have
it! When you have completed the
steps listed above you are now some what, (but not completely) protected against anyone using your tribes name.
With almost the lone exceptions of the media, and the government, you have
complete control over how your tribes name is used. By setting yourself up in
this way, you will never have to worry about the tribe's identity.
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