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Nebraska Community Theatre 
Foundation, Inc.
The dream to fund dreams is coming true...
brochure
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| March
2005 Sandy Booth told the NACT Board
that she was taking an intensive grant writing course and was very excited about all the
money out there that Foundations and Corporations would love to give NACT and the member
Theatres for performing art projects. After sharing the basic plan, the majority of the
Board of Directors thought it would be a good idea to pursue this dream. Foundations and Corporations are able to enjoy
large tax breaks through philanthropy. Many are regulated by Federal law to only give to
organizations with 501(c)(3) nonprofit status. NACT is categorized as an Association at
this time and under this structure can not accept these types of charity monies without a
valid 501(c)(3). Also most of the grants Foundations award are to other Foundations.
It was decided we needed to form a separate entity to accept these types of funds. And it
would behoove us to have this entity be a Foundation.
As a nonprofit public benefit corporation it will
be able to assist NACT and member Theatres that may not have nonprofit status by setting
up fund accounts for them. The NCT Foundation , Inc. can be utilized as a pass through or conduit acting as a
bridge by administering granted funds and endowments. This is the same principal Mid
Nebraska Community Foundation in North Platte and the Nebraska Community Foundation in
Lincoln
operates under. With a certified grant writer on staff, focused on Economic Development
through Community Theatre, some wonderful dreams will be able to come true throughout
Nebraska and beyond.
March 2006 The Nebraska Community
Theatre Foundation, Inc. has been formed, advertised, paid for with donations and accepted
by the state as a Corporation. The required Corporate organizational meeting has taken
place. The 501(c)(3) application forms have been paid for by donations and submitted. The
tax exempt designation letter from the IRS has been received and is on file. The 990 was
filed November 15th, 2005. Required meetings have taken place. Sandy has completed her
certification and grant writing has begun. The goal is for the process of accepting
proposals from NACT and its member Theatres to be in place by the end of 2006. |
Nebraska Community Theatre Foundation, Inc.
Policies statement
The Nebraska
Community Theatre Foundation, Inc. is a nonprofit public benefit corporation securing
financial support for the membership theatres of Nebraska Association of Community
Theatres of Nebraska in operation since 1966. The Foundation bridges relationships with
friends, corporations and other foundations interested in arts culture and economic
development through the performing arts in rural Nebraska.
Our Vision
To provide a creative
environment in the fine and performing arts that strengthens and broadens the intellectual
and cultural horizons to advance the quality of cultural appreciation in rural Nebraska.
Our Mission
The Nebraska Community Theatre
Foundation, Inc. encourages private financial support of the rural community theatres and
arts centers from individuals, corporations and other foundations. It oversees the
distribution of these gifts and of the interest earned from its endowed funds. With
dedication to excellence and the broad spectrum of human values, to be constantly seeking
new, innovative, and integrated skills and methods to discover and create art culture
which transfers to both personal and community values. Gifts to the foundation add a
margin of excellence over and above the appropriate level of state support and are not
intended to replace state funds.
Our Goals
To present
diverse and high quality performing arts events for the entertainment, education and
enlightenment of communities
throughout rural Nebraska
To actively
support and foster arts awareness and arts education through the Community Theatre
genre and other opportunities in the arts
To
encourage and celebrate life-long learning in the arts
To
increase the quality of life for our rural Nebraska communities by being a proactive
supporter of performing arts through theatre
To be a
community partner and support community arts organizations in performance
opportunities through human and financial resources
Our Values
We value Compassion
and respond to needs with courtesy and compassionate action. We recognize and
value the particular circumstances of each individual situation and respond with empathy
and sensitivity.
We value Respect
and maintain confidentiality and privacy in all our activities. We treat people
with the mutual respect we have gained through our responsibility to serve our vision.
We value Dynamic
Service and support all individuals who contact our Foundation. Using a proactive
approach, we communicate to them the needed information and provide friendships and other
natural support.
We value Diversity
& Self-Determination and believe that collaboration and teamwork make us
stronger, and that cooperation is the key to achieving the goals of our mission. We
welcome and are willing to assist people of all different backgrounds and cultures.
We value Integrity
& Accountability and resolve to maintain the highest standards of personal
and organizational honesty in all our activities. We are dedicated to promoting public
trust and a sense of confidence within the Foundation in order to stay true to our
mission, vision and values.
We value Effective
& Efficient Stewardship and are committed to maximizing the value of our
time, human and capitol resources, and in-kind contributions. We pledge to use these
valuable investments wisely in pursuit of our vision and mission.
We value Professionalism
& Adaptability and strive towards leadership and excellence by sustaining the
highest standards of management and operation. We are open to change and encourage
innovative ideas and new ways of doing things, responsive to the needs of our Foundation's
community. |
Nebraska Community Theatre
Foundation, Inc.
ARTICLES OF INCORPORATION
ARTICLE I
NAME/REGISTERED OFFICE
The name of
this corporation shall be: Nebraska Community Theatre Foundation, Inc.
The corporation's registered office is located at: Box 111 Thedford, Nebraska 69166.
ARTICLE II
PURPOSE
This corporation is a Public
Benefit Corporation organized exclusively for charitable purposes within the meaning of
Section 501(c)(3) of the Internal Revenue Code of 1986, as now enacted or hereafter
amended, including, for such purposes, the making of distributions to organizations that
also qualify as Section 501(c)(3) exempt organizations. To this end, the corporation shall
provide a creative environment in the fine and performing arts that strengthens and
broadens the intellectual and cultural horizons to advance the quality of cultural
appreciation in Nebraska through fund raising and grant making. All funds, whether income
or principal, and whether acquired by gift or contribution or otherwise, shall be devoted
to said purposes.
ARTICLE III
LIMITATIONS
At all times the following shall
operate as conditions restricting the operations and activities of the corporation:
1. No part of the net earnings of the corporation shall inure to any member of the
corporation not qualifying as exempt under Section 501(c)(3) of the Internal Revenue Code
of 1986, as now enacted or hereafter amended, nor to any Director or officer of the
corporation, nor to any other private persons, excepting solely such reasonable
compensation that the corporation shall pay for services actually rendered to the
corporation, or allowed by the corporation as a reasonable allowance for authorized
expenditures incurred on behalf of the corporation;
2. No substantial part of the
activities of the corporation shall constitute the carrying on of propaganda or otherwise
attempting to influence legislation, or any initiative or referendum before the public,
and the corporation shall not participate in, or intervene in (including by publication or
distribution of statements), any political campaign on behalf of, or in opposition to, any
candidate for public office; and
3. Notwithstanding any other
provision of these articles, the corporation shall not carry on any other activities not
permitted to be carried on by a corporation exempt from federal income tax under Section
501(c)(3) of the Internal Revenue Code of 1986, as now enacted or hereafter amended.
4. The corporation shall not lend
any of its assets to any officer or director of this corporation [unless such loan program
is regularly conducted as part of the activities of the organization and the qualification
of the individual to participate in same is determined by a panel comprised solely of
non-Board members], or guarantee to any person the payment of a loan by an officer or
director of this corporation.
ARTICLE IV
DIRECTORS/MEMBERS
The corporation shall have
no voting members. The management and affairs of the corporation shall be at all times
under the direction of a Board of Directors, whose operations in governing the corporation
shall be defined by statute and by the corporation's by-laws. No Director shall have any
right, title, or interest in or to any property of the corporation.
ARTICLE V
DEBT OBLIGATIONS AND PERSONAL LIABILITY
No member, officer or
Director of this corporation shall be personally liable for the debts or obligations of
this corporation of any nature whatsoever, nor shall any of the property of the members,
officers or Directors be subject to the payment of the debts or obligations of this
corporation.
ARTICLE VI
DISSOLUTION
Upon the time of
dissolution of the corporation, assets shall be distributed by the Board of Directors,
after paying or making provisions for the payment of all debts, obligations, liabilities,
costs and expenses of the corporation, for one or more exempt purposes within the meaning
of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any
future federal tax code, or shall be distributed to the federal government, or to a state
or local government, for a public purpose. Any such assets not so disposed of shall be
disposed of by a Court of Competent Jurisdiction of the county in which the principal
office of the corporation is then located, exclusively for such purposes or to such
organization or organizations, as said Court shall determine, which are organized and
operated exclusively for such purposes.
ARTICLE VII
INCORPORATOR
The incorporator of
Nebraska Community Theatre, Inc. is: Registered Agent; Sandra M. Booth, Box 111, Thedford
Nebraska 69166
The undersigned incorporator
certifies both that she executes these Articles for the purposes herein stated, and that
by such execution, she affirms the understanding that should any of the information in
these Articles be intentionally or knowingly misstated, she is subject to the criminal
penalties for perjury set forth in Nebraska Statutes as if this document had been executed
under oath.
________________________________Sandra M. Booth___________7/01/2005________________
signature date |
Nebraska
Community Theatre Foundation, Inc.
BY-LAWS
ARTICLE I
NAME AND PURPOSE
The name of this corporation shall
be Nebraska Community Theatre Foundation, Inc. a Nebraska non-profit, public-benefit
corporation, which hereinafter is designated "the Foundation". The Foundation
shall operate as a tax-exempt charity for the benefit of community theatres and other fine
and performing arts projects that strengthen and broaden the intellectual and cultural
horizons to advance the quality of cultural appreciation primarily in rural Nebraska.
ARTICLE II
PRINCIPAL OFFICE
The address of the initial
registered office and the name of the initial registered agent of the corporation at such
address are set forth in the Certificate of Incorporation. The corporation may, from time
to time, designate a different address as its registered office or a different person as
its registered agent, or both; provided, however, that such designation shall become
effective upon the filing of a statement of such change with the Secretary of State of the
State of Nebraska as is required by law.
ARTICLE III
BOARD OF DIRECTORS
Section 1: Powers
The business and affairs of the
corporation shall be managed under the direction of the Board of Directors, which may
exercise all such powers of the corporation and do all such lawful acts.
Section 2: Number
The Articles of Incorporation
provide an indefinite number of Directors, the exact number to be fixed by a by-law or
amendment thereof. Pursuant thereto, the authorized number of Directors shall be set or
changed by a formal motion adopted by a 2/3 vote of the current actual number of
Directors.
Section 3: Composition,
Appointment, and Term of Office
The Board shall consist of the
Directors appointed by a 2/3 vote at a meeting of the Board to serve until his or her
resignation, removal, or death. The original Corporation registered agent shall have input
to the Board but no voting power and will serve until her resignation or death.
Section 4: Meetings
The Board shall meet at least once
in each calendar quarter, at dates, times, and places as set by the adoption of a formal
motion. The Board shall also meet upon call by the President of the Board with three days
notice to each member of the Board.
Section 5: Quorum
A majority of the actual number of
appointed Board shall be necessary to constitute a quorum for the transaction of business.
Every act or decision done or made by a majority of the Board present at a meeting duly
held at which a quorum is present shall be regarded as an act of the entire Board unless a
greater number be required by law or by these by-laws.
Section 6: Approval of Minutes
The transactions at any meeting of
the Board, however called and noticed or wherever held, shall be deemed valid if each of
the Board not present approves in writing the minutes of such meeting. All such approval
shall be made a part of the affected minutes of the meeting.
Section 7: Board Action
Without a Meeting
Any action required or permitted
to be taken by the Board under any provision may be taken without a meeting if all members
of the Board shall individually or collectively consent in writing to such action. Such
written consent or consents in writing to such action shall be filed with the minutes of
the proceedings of the Board. Such action by written consent shall have the same force and
effect as a unanimous vote of such Directors.
ARTICLE IV
OFFICERS
Section 1:
Officers
The officers of the Foundation
shall be a President, a Vice-President, a Secretary, and a Treasurer. No one person may
hold more than three offices.
Section 2: Election
The officers shall be chosen
annually by the Board at its first meeting of the calendar year. Each officer shall hold
office for one year or until he or she shall resign, be removed or otherwise disqualified
to serve, or his or her successor shall be elected and qualified.
Section 3: Removal and
Vacancies
Any officer may be removed with or
without cause, by a majority vote of the Board at any time. Vacancies from any cause may
be filled by appointment by the Board without delay. The President may temporarily appoint
an officer, who shall serve only until the Board can meet and act to fill a vacancy; such
a temporary officer shall not have any signature authority on behalf of the Foundation.
Section 4: President
The President shall be the
executive officer of the Foundation and, subject to the control of the Board, shall have
general supervision, direction and control of the affairs of the Foundation. He shall
preside at all meetings of the Board.
Section 5: Vice-President
In the absence or disability of
the President, the Vice-President shall perform all duties of the President and when so
acting shall have the powers of and be subject to the restrictions upon the President.
Section 6: Secretary
The Secretary shall keep a book of
minutes of all meetings of the Board, with the time and place of holding, how called or
authorized, the notice thereof give, the names of those Directors present at Board
meetings, and the proceedings thereof. In addition, the Secretary shall give notice of the
meetings to the Board; submit to the Directors any matters requiring their attention; and,
at such times as may be required, present to the Board reports on the affairs of the
Foundation. The Secretary shall maintain all non-fiscal records of the Foundation and
ensure that all required correspondence and other non-fiscal notices are prepared and
mailed.
Section 7: Treasurer
The Treasurer shall keep and
maintain adequate and correct books of account showing the receipts and disbursements of
the Foundation, and an account of its cash and other assets, if any. Such books of account
shall at reasonable times be open to inspection by any Director. The Treasurer shall
disburse the funds of the Foundation only as may be ordered by the Board, and shall render
to the President or the Board, upon request, statements of the financial condition of the
Foundation.
Section 8: Assistants
The Board may contract with
non-Directors to perform the routine tasks of Secretary or Treasurer under the supervision
of those officers. A reasonable fee may be paid to those assistants providing they are
retained as independent contractors and not as employees of the Foundation.
ARTICLE V
GOVERNANCE AND ADMINISTRATION
Section 1:
Policies
For the efficient and effective
governance and administration of the Foundation, the Board shall establish such written
policies as the Directors deem appropriate. Without amending these by-laws, these policies
shall be established by formal motions approved at meetings of the Board. A copy of each
policy shall be attached to the minutes of the meeting when it is approved; another copy
shall be kept in a Policy Book maintained by the Secretary.
Section 2: Administrative
Committees
The Board shall create such
permanent and temporary committees as the Directors deem necessary for the efficient and
effective administration of the Foundation.
A permanent committee shall be
created only by the formal establishment of a policy that describes the purpose and
composition of that committee. A permanent committee shall be discharged and dissolved
when the Board adopts a motion to repeal the policy creating the committee.
A temporary committee shall be
created by the adoption of a formal motion by the Board. A temporary committee is
automatically discharged and dissolved at the Boards first meeting of the calendar
year unless a new motion continuing the committee is adopted at that meeting.
When the Board creates a new
committee, it shall specify either in a policy for a permanent committee or in a
motion for a temporary committee how the members and the chairman of the committee
are appointed. Each administrative committee shall have at least one Director appointed,
but non-Directors may also be appointed and may even chair the committee.
ARTICLE VI
BUSINESS AND FISCAL AFFAIRS
Section 1:
Execution of Documents
The Board of Directors may
authorize any officer or officers, agent or agents, to enter into any contract or execute
any instrument in the name of and on behalf of the Foundation, and such authority may be
general or confined to specific instances. Unless so authorized by the Board of Directors,
no officer, agent or other person shall have any power or authority to bind the Foundation
by any contract or engagement or to pledge its credit or to render it liable for any
purpose or to any amount.
Section 2: Payments of Funds
No funds shall be paid or invested
by the Foundation except by formal authorization by the Board. The Board may authorize the
transfer of funds between Foundation accounts in the same financial institution upon a
single signature of a person who need not be an officer. The Board may also authorize a
person to transfer funds between Foundation accounts in the same financial institution via
electronic funds transfers.
Section 3: Grants
Funds solicited from the
Foundation by the public including funds solicited by activity committees
shall be granted only in accord with formal policies adopted by the Board. Generally,
these policies shall require a formal grant application and the review of that application
by a Grants Committee. The Foundation shall not make grants for the purpose of advertising
itself, but activity committees may make such grants from their own funds. Grants shall
not be made to any individual by either the Foundation or any activity committee. The
Foundation will accept donations from donors who wish to extend benefits beyond the
Foundations Mission and such donations will be segregated from the general funds of the
Foundation.
Section 4: Compensation
Trustees, officers, and committee
members shall receive no compensation or stipend for their services. They may receive
reimbursement for substantiated direct expenses as approved by the Board. Officials of an
activity committee may receive reimbursement from their committees own funds for
substantiated direct expenses as approved by the committees governing body.
Section 5: Fiscal Year
The fiscal year of the Foundation
shall be the calendar year.
ARTICLE VII
AMENDMENTS
These by-laws may be amended,
suspended, or repealed in whole or in part by a 2/3 vote of the actual number of
Directors.
501(c)(3) Designation letter
Records |
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