The F40PH Preservation Society held it's first board meeting as it stands now
Rowan C. de la Barre is acting as President, Treasurer, and Secretary and Daniel S. as an officer on the Board of directors. the following were agreed upon the corporation will elect or appoint directors / Board members by being appointed by president, after a board is established it will be the boards job to select members with can select new members. The President may also suggest members to the board but they may vote to veto the selection, the President also has the right to veto anyone the board selects only when the board and President agree does the person become a board member. The mission statement was also agreed upon.
MISSION STATEMENT
The EMD F40PH represents a significant piece of Railroad history. The F40PH tells the story of the American passenger railroading in the last few decades and was hailed as “the locomotive that saved Amtrak.” Unfortunately these important historic locomotives that represent the history of passenger railroading in the United States are now being scraped at an ever increasing rate. The Save the F40PH Projects main goal is to preserve railroad history and artifacts, especially those relating to Amtrak’s F40PH locomotives, and to educate the public about these artifacts and historical information through collection, restoration, display, demonstration and interpretation.

The F40PH Preservation Society is now undergoing the process of looking for additional board members and filing for it's 501(c)3

Can the president or treasure of an organization also hold a position on the board of directors or do they have to be separated (The organization is currently only me and Dan)? I am trying to figure out how many more people I need in order to file for my incorporation and non profit status. I am also wondering if anyone knows any good attorneys who can help set us up on a budget of $500. We really need all the help we can get on this, so if any one can help in any way you would be doing us a huge favor.

Thanks,
Rowan C. de la Barre
F40PH Preservation Society
f40phsoc(at)gmail.com

Go to Legalzoom and do it for around $300 http://www.legalzoom.com/non-profits/non-profit-corporation-overview.html

In most states, and I believe in the IRS regulations, the president can not hold the secretary office at the same time. This stops, hopefully, any chance the president can certify, as secretary, anything that may be contrary of fiscal irresponsibility.

I did try Legal zoom they wait until you have filled out the paperwork and then tell you about the hidden fees, all in all it would have cost me over $1,000.00. I was really hoping they would be the answer.

RCD,
Contact me off list.
Harry Nicholls
h_k_nicholls@peoplepc.com

Just thought to note this topic has reached page 1 in Google search for "F40PH" as well as a few other ... strange things having to do with the F40PH

We have made some progress, we got an EIN so next is fileing with the state. However looking ahead I can see some problems, say the MBTA donates us a F40PH, Where we put it (never mind the shipping cost) this needs to be addressed I have been thinking of approaching the Old Colony & Fall River Railroad Museum but without being incorporated I'm just some random guy asking about storage for an F40PH that I don't have.

From the standpoint of an organization already in posession of a locomotive [steam, in this case], nailing down a home is absolutely essential. We've long desired the repatriation of our steamer to its home state. Until there is a definitive home found for it, however, in storage it remains. It would seem that, following formal incorporation of your organization, your group's raison d'être rests entirely upon finding that home location, even before serious effort to acquire the unit continues.

~George Jenista
Trinity Valley Railroad Heritage Association
Fort Worth, Texas

George -

Glad to hear that TVRHA is still trying to bring #114 home.

Les

I finely got a secretary and Treasurer. SO I can now began moving froward again.
-Rowan

Rowan-
I know what you're going through with this and as someone who's working on similer projects, I can tell you that with only $500 in the treasury, you're going to have a tough time. I don't want to discourage you, but this is going to take a ton of money to complete. As was mentioned before, you'll also need a home. The major railroads will donate things to bona fide groups with proven track records, but will be leery about a few guys with no home base. You could buy an F40, but anything inexpensive probably won't run (I'm assuming you want one in operating condition, right?). Also, locomotives require a LOT of care and feeding. Consider that something as simple as changing the lube oil requires the purchase of a couple hundred gallons of oil and generally multiple filters.

I'd really be interested in your preservation and interprative plan and also your fundraising ideas.

Good luck!
Russ Swinnerton

I am going to need help filling this out http://www.sec.state.ma.us/cor/corpdf/180art.pdf

ARTICLE I
The exact name of the corporation is:
F40PH Preservation Society

ARTICLE II
The purpose of the corporation is to engage in the following activities:
The general purposes are:
1. Preservation.
2. Education

ARTICLE III
A corporation may have one or more classes of members. If it does, the designation of such classes, the manner of election
or appointments, the duration of membership and the qualification and rights, including voting rights, of the members of
each class, may be set forth in the by-laws of the corporation or may be set forth below:
The period of its duration is perpetual.

ARTICLE IV
**Other lawful provisions, if any, for the conduct and regulation of the business and affairs of the corporation, for its
voluntary dissolution, or for limiting, defining, or regulating the powers of the corporation, or of its directors or members,
or of any class of members, are as follows: I NEED HELP WITH THIS ONE.

ARTICLE VI
The effective date of organization of the corporation shall be the date approved and filed by the Secretary of the Commonwealth.
If a later effective date is desired, specify such date which shall not be more than thirty days after the date of filing. Leave blank.

ARTICLE VII
The information contained in Article VII is not a permanent part of the Articles of Organization.
a. The street address (post office boxes are not acceptable) of the principal office of the corporation in Massachusetts is: My home address.

d. The name and business address of the resident agent, if any, of the corporation is: My home address again.

What do I do for this: "I hereby certify that, upon examination of these Articles of Organization,
duly submitted to me, it appears that the provisions of the General
Laws relative to the organization of corporations have been complied
with, and I hereby approve said articles; and the filing fee in the amount
of $____ having been paid, said articles are deemed to have been
filed with me this________________ day of _____________20_____.

Effective date:____________________________

TO BE FILLED IN BY CORPORATION
Contact information:
____________________
____________________
____________________
Phone:______________
E-Mail:______________"

You need an attorney.

Its not that its that complicated; however lawyers guard "their" turf zealously.

A couple years ago, a Pennsylvania CPA was assisting clients with articles of incorporation, and the PA Bar Association

Warning: Snide Comment

(you know, the people who protect the public from legal malfeasance,unless they happen to be Luzerne County -just South of Lackawanna County where Steamtown is-judges-who sentence youth offenders to a "higher intensity" detention facility than otherwise merited in return for bribes and providing a story line for the television show "The Good Wife")

zealously pursued this guy for unauthorized practice of law because he helped them fill in the blanks for a simple form. Of course, the judges are lawyers so you know how that went.

I can't imagine the Massachusetts Bar is any less territorial, however if there's a "pro bono publico" requirement in Massachusetts-you might be able to get assistance through the legal referral service most bar associations maintain.

You don't want to have an improperly constituted corporation out of the box. Pay the tribute demanded.

Rowan,

Try contacting a law school that is located near you. Many law schools have legal clinics that try to help individuals with limited financial resources.