Cape Coral BMX Articles of Incorporation
Third Articles of Amendment
Articles of Incorporation
Cape Coral BMX Association Inc.
(A Florida Not-For-Profit Corporation)
The following amendments are made and duly adopted by the Corporation in accordance with Article IX, of the Articles of Incorporation and section 617.1001, 617.1002 and 617.1006 of the Florida Statues. At the Cape Coral BMX Association Parent Council meeting on the 13th day of June 2012 the following amendments were passed unanimously.
The name of this corporation is Cape Coral BMX Association, Inc.
The Corporation is organized exclusively for charitable and educational purposes within the meanings of 501(c)(3) of the Internal Revenue Code, as may be amended.
Qualifications of Members
Section 1. The Cape Coral BMX Association Inc. Shall be governed by the Parent Council.
Membership in the Parent Council shall consist of three categories:
a.Parents or legal guardians of current registered riders who claim Cape Coral BMX as their home track.
b.Currently registered Cape Coral riders who have reached their 18th birthday.
c.Adult volunteers who are active at the Cape Coral BMX track.
Section 2. To be eligible to vote, a member must have attended two meetings of the last three Parent Council meetings.
The duration of the Corporation shall be perpetual.
Board of Directors
Section 1. The business affairs of this Corporation shall be managed by the Board of Directors. This Corporation shall have seven (7) directors. The number of directors may be increased or decreased from time to time by the bylaws, but shall never be less than three (3).
Section 2. The Board of Directors shall be members of the Corporation.
Section 3. The Directors of the Corporation shall be elected in accordance with the method and qualifications specified in the bylaws of the Corporation. In no event, shall the number of directors be fewer than three.
Section 4. The board of directors shall report all activities to the Parent Council at the next scheduled meeting.
Section 1 Officers of the Corporation shall be: President, Vice President, Treasure, Secretary, Track Operator, Clerk of Course, and Public Relations.
Section 2. The officers shall be elected at the annual meeting of the Parent Council as provided in the bylaws.
Section 1. The Articles of Incorporation may be amended at a special meeting of the membership called for that purpose, by a two thirds vote of those present and eligible to vote in accordance with the bylaws.
Section 2. Amendments may also be made at a regular meeting of the membership upon giving notice, as provided in the bylaws, of intention to submit such amendments.
Principal Office and Mailing Address
Cape Coral BMX Track
1410 SW 6th place
Cape Coral, Florida 33991
Cape Coral BMX Association, Inc.
Po Box 151421
Cape Coral, Florida 33915
Not For Profit Status
Cape Coral BMX Association, Inc. Is organized exclusively for charitable purposes within the meaning of 501(c)(3) of the Internal Revenue Code as may be amended. This organization fosters the amateur sports of BMX bicycle racing, from the beginner to the Olympics. The organization also provides education of children in proper bicycle safety and the sportsmanship of BMX bicycle racing. We conduct sanctioned USA BMX bicycle races. All riders are welcome regardless of socioeconomic status or racial, ethnic, cultural, or religious background.
Deleted In Its Entirety. There shall be no dues assessed
The power of the Corporation shall be provided in the bylaws of the Corporation in accordance with chapter 617, Florida statues with the following limitations within the meaning of 501(c)(3) of the Internal Revenue Code, as may amended.
1.No part of the net earnings of the Corporation shall be used to the benefit of or be distributed to its members, directors, officers, or other private interests. However, Corporation shall be authorized and empowered to pay a reasonable flat salary for services rendered by its employees and make payments and other distributions in furtherance of the purpose set forth in Article XI.
2.Only an insubstantial amount of the activities of the corporation shall be in furtherance of the purpose not set forth in article XI.
3.None of the activities of the corporation shall be carrying on for propaganda, or otherwise attempting to influence legislation, within the meanings of 501(c)(3) of the internal revenue code, as may be amended.
4.In no event, shall the Corporation have the power to participate in, or intervene in, including the publishing or distributing of statements, any political campaign on behalf of, or in opposition to, any candidate for public office, all within the meaning of 501(c)(3) of the Internal Revenue Code, as may be amended.
5.In the event Corporation chooses to litigate, using its own staff attorney on behalf of its members or other clients, the Corporation shall comply with the guidelines provided within Revenue Procedure 92-59, 1992- 2 C.B. 411- 12 as may be amended, superseded or modified. The bylaws of the Corporation shall adopt these provisions accordingly
Section 1. The meetings for the election of members of the Board of Directors shall be held as provided in the bylaws.
Section 2. Corporation may provide in its bylaws for holding additional and regular meetings and any special meetings and shall provide notice of all such meetings.
Section 3. Meetings of the Parent Council shall be held on a monthly basis.
Upon dissolution of the Corporation, the Board of Directors shall, after paying or making provisions for the payment of all of the liabilities of the Corporation, dispose of all of the assets for the Corporation in such manner or to such organization or organizations organized and operating exclusively for charitable and educational purposes as shall at the time qualify as an exempt organization or organizations under section 501(c) of the Internal Revenue Code of 1954 (or corresponding provisions of any future United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not disposed of shall be disposed of by a court of competent jurisdiction in the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations as such court shall determine, which are organized and operated exclusively for such purpose.
Registered Agent and Office
I have been appointed the registered agent for the Cape Coral BMX Association, Incorporated and to accept services for processing of the above stated Corporation at the place designated in the certificate, I hereby accept the appointment and agreed to act in this capacity. I further agree to comply with the provisions of all statues relating to the proper and complete performance of my duties, and I am familiar with and accept the obligation of my position as registered agent.
Dated this___12_ day of__June_____ 2012
These amendments were duly adopted by the members of the Corporation in accordance with Article IX of the Articles of Incorporation on the 12th day of June, 2012 and the number of votes cast for the amendments significant for approval.