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Thu 21 Apr, 2005 07:15 pm
We are setting up a non-profit corporation as preliminary work to setting up a foundation with 501C3 status. One of the partners of setting this corporation up, resigned prior to receiving but post to filing for the corporate ID # but prior to filing the statement of information that assigned positions to the corporate officers. Since a foundation is owned by not one person, the officers are in essence the foundation's leadership, correct? However, those officers were not named prior to the resignation of the partner because the statement of information had not been filed yet. After the resignation of the partner, we submitted a statement of information naming the officers of said corporation. The name of the resigned partner was never put on the statement of information or named in the corporate doc's except to be named as the agent for service of the articles of incorporation. However the resigned partner was proposed to be the president of this corporation. This resigned partner is now claiming to have ownership of the name of the corporation (not in the sense of copy written but in the sense that it was their idea), because of this ownership of the name this person has claimed the right to amend the statement of information naming themselves as the officers of this corporation. Because of the policy of the Sec. of State's office to allow any amendment at any time to be submitted, can this said person continue to file amendments. And does the ownership (please specify sense of ownership) of the name of the foundation entitle this person to the corporate ID# and in essence the foundation?