Unit Responsibility to File Annual Year-End Financial Report Clarified
WHEREAS, it is in the interest of the NAACP for all Units to follow NAACP policies and procedures; and
WHEREAS, Section III of the Bylaws are ambiguous as it relates to the filing of Federal and State tax information, and other information required for units to operate within the 50 states and territories in the United States; and
WHEREAS, units which attempt to incorporate themselves, file state or federal tax information, create inherent issues and risk for the NAACP.
THEREFORE, BE IT FINALLY RESOLVED, that Article III, Section 1 of the Bylaws for Units shall be amended to read as follows:
1. (Unit Status)
a. All Units shall be 501(c)(4) entities. No Units shall be authorized to create or form any 501(c)(3) entity unless expressly approved in writing by the Board of Directors.
b. No Unit shall be authorized to incorporate itself or to organize itself in the form of a corporation, or a separate business entity under state law unless expressly approved to do so, in writing, by the President and CEO and General Counsel upon a showing of legal or business necessity. Failure to obtain approval prior to filing will result in the immediate suspension of the Unit Officers and its Executive Committee.
c. All units are required to file their annual financial reports by the annual deadline established by the Board of Directors in order to timely ensure that the National Office can file consolidated group information with the Federal Government and State Governments. Failure to file an annual end of year financial report will result in the immediate suspension of the Unit Officers and its Executive Committee.
d. All Unit Officers and its Executive Committee shall complete ethics training to be conducted by the National Office within six months after the completion of each Unit election.