Date: Mon, 26 Jun 2017 20:08:25 +0000
From: T.R. Shirley WLWeb.US
Subject: Re: Legal Status of the Big Bend Chamber of Commerce
To: Jim Milburn <***>
Thank you for providing me with a copy of the ByLaws of the Big Bend Chamber of Commerce (BBCOC) and a roster of its current five-member Board of Directors. I had a chance to read it and noticed a few areas of concern I wanted to bring to your attention. The issues as noted in the attached PDF include the following:
- The BBCOC corporate registration with the State of Texas is forfeit.
- The BBCOC 501(c)(6) tax exempt status was revoked several years ago.
- The ByLaws make no provision for a five-member Board of Directors.
- The ByLaws make no provision for selection of a Board Chairperson.
- The current Board of Directors may have committed ultra-vires acts.
I am not a lawyer and I don’t play one on television. That said, you might want to seek legal counsel regarding the status of the BBCOC and any exposure the current Directors may have. A big concern might be the disposition of any monies or benefits received directly or indirectly from any federal/state/county governmental agencies during the period for which the BBCOC may not have existed as a legal entity.
I have in the past expressed an interest in serving the BBCOC as a director or officer. Please note that any such service would be contingent upon seeing these issues have been addressed and are not likely to recur.