I'm afraid this has nothing to do with the chapter problem.

The club has made no effort to formalize any subsidiary relationship with the chapters at the state level. You have no corporate protection because we have never registered you as a corporation in the state in which you operate. We were all told by ACMOC that the chapters would be a subsidiaries of our club, but ACMOC has provided you with no support or protection of a subsidiary. A set of rules or mention in club policy and procedure does not offer you corporate protection. I had everything prepared to incorporate Chapter 15 when it formed, but I was told that no, we weren't allowed to do that. I assumed that the national club was going to take care of all this for us as perhaps we couldn't be trusted to keep everything legal and protected on our own.  I was totally wrong. The club did NOTHING.

If you are president of a subsidiary chapter... what sort of organization are you president of? 

A corporation with personal asset protection for club officers and members? No, you are not.

Your chapter is most likely an unincorporated association with its members having joint & several liability.

An organization that operates in any state in the US must be established according to the laws in the state in which it operates, not in the documents of another organization.

We have engaged an attorney who familiar with nonprofit chapters, and she's going to help us figure out what the different chapters need, whether it's a liability release from an informal social club or incorporation by an organization that operates equipment, solicits donations, or otherwise needs protection for their members to protect your assets. Why anyone would think this is a bad thing is beyond me.


chriscokid post=241982 userid=1020Resolution 212: Whereas, the club sponsors exhibits or shows of antique Caterpillar-related machinery for the edification and viewing pleasure of the general public; and Whereas, the operation of machinery may be hazardous to show attendees and other show exhibitors; and Whereas, the club has always been concerned with ensuring that all of its shows are conducted in a safe manner and that no accidents occur; and Whereas, at some time in the distant past, the board of directors had adopted a written show safety policy; and Whereas, the Shows and Advertising Committee has reviewed the old written policy and has recommended a new policy; Now therefore, it is resolved:

1. All prior policies of the club concerning safety measures to be observed at club-sponsored shows are repealed.
   • Effective immediately, the following constitutes the club's policy on show safety.
     
     "Disclaimer: ACMOC is not responsible for personal injury or property damage incurred during a show or event or during the loading and unloading of equipment. Loading and unloading is the responsibility of the equipment owner/operator.
     
     The following is what was delivered to the chapters years ago to use for ACMOC safety rules:
     • Do not climb on the machines unless the owner is present and you have his/her permission.
       • Stay back a minimum of 15 feet from any operating equipment.
         • Operate a machine only if:
           • You are 16 years of age or older.
             • You are not under the influence of alcohol or drugs.
               • You have attended a safety training class within the last 5 days.
                 • You have the permission of the owner.
                   • You know how to operate the specific piece of equipment and you can do it safely.
                     • Riders are permitted on equipment only if the machine has a seat designed specifically for a passenger other than the operator.
                       • Make sure all work tools have been lowered and are resting on the ground before leaving a machine. That includes buckets, blades, rippers, aprons, etc.
                         • Stay alert to machine movement as you walk around the show grounds.
                           • Maintain direct personal control of your children and pets. All pets must be on a leash.
                             • Exercise care when approaching a parked machine. Burns can occur if hot parts are touched even after the machine has been parked.
                               • Report any unsafe activity to show management.
                                 
                                 Note: Control of ATV’s, golf carts, and automobiles on the show grounds, is left to the hosting club.
                                 
                                 And if you are a show host the following is required:
                                  A. The host's safety rules must cover all aspects of the ACMOC safety rules, or ACMOC will require use of their rules during the event.
                                 B. The ACMOC Show Committee will work with the host to determine which set of safety rules will prevail.
                                 C. Safety rules will be enforced uniformly and fairly.
                                 D. Either the host or ACMOC will conduct a safety training session for all operators of equipment daily and provide some form of identification for those operators who have completed the training. The ACMOC Show Committee will work with the host to determine whether ACMOC or the host will conduct the sessions.
                                 E. Areas where equipment is operating must be clearly marked with yellow caution tape or security fencing to prevent spectators from entering the area.
                                 F. A severe weather plan is required to identify the action/actions to be taken if a storm occurs during the show or event.
                                 G. Show management reserves the right, at its discretion, to deny admission to any person or machine, or to require any person, vehicle, or machine to leave the site for safety reasons.
                                 H. Anyone whose judgment is impaired by alcohol or drugs is not allowed on the show grounds.