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Who owns a Troops stuff when it dissolves?


Marcheck

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Ponder this:

 

A unit (much to the consternation of the Council) gets a donation directly from some well meaning organization. The unit requests that the Council provide them with the Council's Tax ID to prove to this well meaning organization that the Troop is in fact a non-profit group.

 

The Council replies that since the Troop is "owned" by the charter partner, they must use the charter partner's Tax ID.

 

The units does this, gets the money, and buys some equipment.

 

The unit then goes belly up.

 

Now, the Council wants to claim the materials, apparently in accordance with policy.

 

But if the Council was insistent that the money with which it was bought be donated using the charter partner's Tax ID, then shouldn't it belong to the charter partner?

 

So, who, in general, owns Scout "stuff" when a unit goes belly up?

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In a nutshell, if the CO, in good faith intends to resurrect a Scout unit in the future, they may retain the property. If not, the charter agreement requires them to offer it up to Council for redistribution as Council sees fit. I think the rationale for that is if the equipment/funds/property was donated or solicited in the name of Scouting, it should remain in the service of Scouting.

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Most of the time the CO does not want the items. They expect the leaders to take them.

If possible another unit is started or the items are distributed among other units.

 

As a note, in the GSA, the equipment belongs to the unit number. If a unit folds, then the council takes over the equipment and funds. If the unit re-activates later, even at another CO, then the council forwards the equipment and money to the unit. At least that's how it used to be.

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