[Michlib-l] Friends Dissolution

[Membiela, Clare (MDE)]

Hi Amber:

There are a lot of issues here, and much depends on if  they are a 501(c)(3). I agree that it would be a good idea for them  to talk to an attorney.
However, it should be noted that friends groups, if incorporated as a Michigan non-profit (which all should be) and especially if they are also a 501(c)(3) are stand-alone private corporations separate from the library.

They need to engage their own attorney separate from the library's attorney.

I can send you some general information on dissolution of non-profits and 501(c)(3) entities, but they will need to talk to an attorney to properly dissolve.

I hope that's helpful!

Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Amber Alexander via Michlib-l
Sent: Wednesday, March 24, 2021 12:22 PM
To: 'BF Tammy Borden' <fretlb at llcoop.org>; michlib-l at mcls.org
Subject: Re: [Michlib-l] Friends Dissolution

CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov<mailto:abuse at michigan.gov>

Thank you to everyone on your answers.

I did look into their bylaws and it is not good and they contradict their own Articles of Incorporation.  They have English law cited and all assets to be donated to any governmental entity or charitable organization of their choosing or by the "Court of Common Pleas."  I will need a lawyer for this one for sure.


Amber Alexander,MLIS
Library Director
Presque Isle District Library
181 E. Erie Street
Rogers City, MI  49779
989.734.2477, 222
www.pidl.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.pidl.org%2F&data=04%7C01%7CMembielaC%40michigan.gov%7Cad0410bbc75a4613f79908d8eee17c9c%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637521999523246766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gURBhCL02zSriiIYtEbnEZnTqccTAuHLdLC9KZZKX%2FI%3D&reserved=0>




From: BF Tammy Borden <fretlb at llcoop.org<mailto:fretlb at llcoop.org>>
Sent: Wednesday, March 24, 2021 11:56 AM
To: Amber Alexander <director at pidl.org<mailto:director at pidl.org>>
Subject: Re: [Michlib-l] Friends Dissolution

Amber,  Would you report your findings?  Thanks, Tammy Borden, Freeport District Library

________________________________
From: "Amber Alexander via Michlib-l" <michlib-l at mcls.org<mailto:michlib-l at mcls.org>>
To: michlib-l at mcls.org<mailto:michlib-l at mcls.org>
Sent: Tuesday, March 23, 2021 4:06:11 PM
Subject: [Michlib-l] Friends Dissolution

I have several Friends groups that do not have full Boards and a few have questions to what happens if they were to dissolve.

I have been to the United for Libraries site and not seeing an answer to these kind of questions.

If a Friends group dissolves, where do their funds go?  One particular group feels that they can, as a 501, can donate to any organization they choose.  Is there anywhere I can find resources to answer these kinds of questions?
Has anyone dealt with these kind of issues?

Thanks,

Amber Alexander,MLIS
Library Director
Presque Isle District Library
181 E. Erie Street
Rogers City, MI  49779
989.734.2477, 222
www.pidl.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.pidl.org%2F&data=04%7C01%7CMembielaC%40michigan.gov%7Cad0410bbc75a4613f79908d8eee17c9c%7Cd5fb7087377742ad966a892ef47225d1%7C0%7C0%7C637521999523246766%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gURBhCL02zSriiIYtEbnEZnTqccTAuHLdLC9KZZKX%2FI%3D&reserved=0>



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