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Who owns what?


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A Troop is folding its' tents for the last time. The Scouts have graduated and none took their place. Now, do the adults split the tents? Do the boys get one each? Do the tents belong to the Sponsoring Organization? Does Council get the tents?

 

A very sticky problem. Who has the answer????

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The equipment belongs to the chartering organization so long as it is used to benefit youth. Since they were gained under the scouting program the local councils has a claim as well but will not interfere as long as they are used by the CO for youth service.

 

Just because the scouts and leaders are leaving scouting it does not end the COs service to youth. that equipent which was used for their scouting program has always been and continues to be their property.

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Sorry Jason but you can't start "your own" troop. Scout units are youth activities sponsored by community organizations or in some cases commercial businesses that basically contract with the BSA to use its program.

 

What you need to do is talk to your church, your school (perhaps a service organization that you belong to like the Ammerican Legion or Kiwanis Club), about the benfits that a scouting program can bring to the youth in the community.

 

Your local Scout Professional can help them with the paperwork. You can offer to help in some way, fill out a membership application and the organization can choose to accept your application and offer you a position in the unit.

 

But the unit and all its assets will belong to the Chartering organization not to any individual.

 

I hope this helps to explain the process.

BW

 

 

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When our troop formed last year, we were re-instituting a troop number that had closed down about 5 years earlier. It had been in the same community, but at a different CO. I contacted the former SM (who was a member of the previous CO) and asked if he had any old equipment they would consider donating. He gave us everything they had left. Much of it was worthless, but a great deal of it was still in good shape, and very usable. It was a great gift for us. I think most COs would do the same.

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You're right Fscouter. Although some exceptions probably exist this type of CO seldom works. In addition most never properly file as a legitimate organization which creates some real legal problems.

 

It makes the Committee, and especially the registered IH and COR, personally responsible in cases of litigation against the troop or orginization. The funds raised by such a group would be taxable, and who is personally responsible for those taxes? The registered members of the committee could all be held accountable for taxes and fines.

 

Scout units were never intended to be owned by individuals hence the charter system and the conditions setforth by the congressional charter.(This message has been edited by Bob White)

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"The funds raised by such a group would be taxable"

 

Not really. When you form an organization, you have a choice and you can elect to be a non-profit corporation which is not the same as charitable organization. Non-profits file tax returns but don't pay taxes. How do I know this? I've been on the board of three different non-profit corporations.

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OK, so the CO gets the gear but decides to ask the near rightful owner, the Scout Council if they would have need of it. Wouldn't it make more sense for the Council to take the gear and pass it on to a new unit? Or maybe, sell it during an annual auction or garage sale. They could then take the money and use it for Camperships for low income Scouts to be used at their local Scout Camp. Then, keep recycling the gear until it gets too old or outdated to be used and then mark it up and sell it again as Scouting memorabilia.

 

Just a thought or two about our natural resources.

FB

 

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