ISKCON BAY AREA - ARTICLES OF INCORPORATION
January 1976: Srila Prabhupada incorporates ISKCON of the Bay Area
the "DIRECTION OF MANAGEMENT
- Page 5
"to recognize the Founder-Acarya of the International Society for Krishna Consciousness, His Divine Grace A. C. Bhaktivedanta Swami Prabhupada, as the supreme authority in all matters of the Corporation, or Society: His personal representatives, the Governing Body Commission, as his authorized agents or executors, appointed by him according to the document Directions Of Management, dated July 28, 1970 (Page 4) to act as the instrument for the execution of the Will of His Divine Grace."
CERTIFICATION OF INCORPORATION
FOR KRISHNA CONSCIOUSNESS
OF THE BAY AREA, INC.
WE, THE UNDERSIGNED, in order to form a non-profit, non-stock corporation for the purposes hereinafter stated, under and pursuant to the provisions of the General Non-Profit Corporation Law of the State of California, do hereby certify as follows:
FIRST: The name of the proposed corporation (hereinafter referred to as the “Corporation”) is:
INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF THE BAY AREA, INC.
SECOND: The principal office for the transaction of the business of the Corporation is to be located in the County of Alameda, in the state of California.
THIRD: It is declared that His Divine Grace A. C. Bhaktivedanta Swami Prabhupada is the Founder-Acarya of the International Society for Krishna Consciousness of the Bay Area. He shall be the supreme power with respect to all matters of the society, and that status shall not be occupied by or shared with any other individual, either during his lifetime, or after death. His name and title must appear on all documents, letterheads, publications and buildings of the Society or Corporation.
FOURTH: The Corporation is organized and shall be operated exclusively for the religious, charitable, literary and educational purposes, within the meaning of Section 501(C) (3) of the Internal Revenue Code of 1954, and the regulations promulgated thereunder, and particularly for the following purposes:
(a)To systematically propagate spiritual knowledge to society at large and to educate all peoples in the techniques of spiritual life in order to check the imbalances of values in life and to achieve real unity and peace in the world.
(b)To propagate a consciousness of Krishna as it is revealed in the Bhagavad-gita As It Is, Srimad-Bhagavatam, and other authorized Vedic literature as translated and presented by His Divine Grace A. C. Bhaktivedanta Swami Prabhupada.
(c)To bring the members of the Society together with each other and nearer to Krishna, the prime entity, and thus to develop the idea, within the members, and humanity at large, that each soul is part and parcel of the quality of Godhead (Krishna).
(d)To teach and encourage the Sankirtan Movement, congregational chanting the holy name of God, as revealed in the teachings of Lord Sri Caitanya Mahaprabhu.
(e)To erect for the members, and for society at large, a holy place of transcendental pastimes, dedicated to the personality of Krishna.
(f)To bring the members closer together for the purpose of teaching a simpler and more natural way of life.
(g)With a view towards achieving the aforementioned purposes, to publish and distribute periodicals, magazines, books and other writings.
(h)To receive, administer and distribute funds, and to do all other things necessary and proper in furtherance of the above stated purposes.
(i)To recognize the Founder-Acarya of the International Society for Krishna Consciousness, His Divine Grace A. C. Bhaktivedanta Swami Prabhupada, as the supreme authority in all matters of the Corporation, or Society: His personal representatives, the Governing Body Commission, as his authorized agents or executors, appointed by him according to the document Directions of Management, dated July 28, 1970.
FIFTH: The Corporation shall neither have nor exercize any power, nor shall it engage directly or indirectly in any activity, that would invalidate its status (a) as a corporation which is exempt from federal income taxation as an organization described in section 501 (C) (3) of the Internal Revenue Code of 1954 or (b) as a corporation contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code of 1954.
SIXTH: The Corporation shall not be operated for the purpose of conducting a trade or business for profit, and no part of the net earning or the assets of the Corporation shall inure to the benefit of or to be distributable to any member or other individual, nor shall any of such earnings or assets of the Corporation be used other than for the purposes of the Internal Revenue code of 1954, as the members of the Corporation, by majority vote thereof, shall determine, and none of such assets shall be distributed to, or divided among, any of the members of the Corporation.
The property of the Corporation is irrevocably dedicated to charitable or religious purposes, and in the unlikely event of liquidation, dissolution, or abandonment of the owner, after providing for the debts and obligations thereof, the remaining assets will not inure to the benefit of any private person but will be distributed to a non-profit fund, foundation or corporation which is organized and operated exclusively for charitable or religious purposes and which has established its tax exempt status under Section 501 (C) (3) of the Internal Revenue Code.
SEVENTH: The directors of the corporation shall have the power, either directly or indirectly, either in alone or in conjunction with others, to do any and all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable or proper for the furtherance, accomplishment, fostering, or attainment of any or all of the purposes for which the Corporation is organized. The Corporation shall exercise its powers in compliance with the exempt purposes of organizations set forth in Section 501 (C) (3) of the Internal Revenue Code and its Regulations as the same now exist or as they may be hereafter amended from time to time.
EIGHTH: The Corporation’s operations shall be conducted principally within the United States of America; subject to the laws of the State of California, the Corporation also may conduct operations in foreign countries.
NINTH: Except as otherwise provided by law, or in this Certificate, or in any By-Law of the Corporation, all of the affairs of the Corporation shall be managed and all of the powers of the Corporation shall be exercised by the Board of Directors. However, the power to make, alter, amend, change, add to or repeal the By-Laws of the Corporation shall be reserved to the members of the Corporation. The number of directors and the manner of their election shall be as provided for in the By-Laws, and unless otherwise provided for therein, the election of directors need not be by ballot.
TENTH: The Corporation shall not have authority to issue any capital stock. The conditions of membership in the Corporation, the rights and obligations of its members and the classification of members, if any, shall be as provided in the By-Laws.
ELEVENTH:The names and places of residence of the original directors are as follows:
James Immel (Jayatirtha) 2334 Stuart St., Berkeley, Ca. 94705
William Benedict (Bhakta Das) 2334 Stuart St., Berkeley, Ca. 94705
William Duryea (?) 2334 Stuart St., Berkeley, Ca. 94705
TWELFTH: All references herein to provisions of the Internal Revenue Code of 1954 shall be deemed to refer to and include amendments of such provisions (i.e., the corresponding provisions of future United States Internal Revenue Laws.)
THIRTEENTH: This Corporation is a non-profit, non-stock corporation organized under and pursuant to the provisions of the General Non-Profit Corporation Law of the State of California.
James Immel (Jayatirtha)
William Benedict (Bhakta Das)
William Duryea (?)
STATE OF CALIFORNIA
COUNTY OF Los Angeles
ON THIS ___6TH____day of ____January_____, 19_76______, before me,
_______Cindi McNair_______ a Notary Public for the State of California, personally appeared JAMES IMMEL, WILLIAM BENEDICT, WILLIAM DURYEA, known to me to be the persons whose are subscribed to the within Articles of Incorporation, and acknowledged to me that they executed the same.
(OFFICIAL SEAL CINDI NAIR)
(OFFICIAL SEAL ROBERT J. SEARIGHT, JR.)
OFFICE OF THE SECRETARY OF THE STATE
I, MARCH FONG EU, Secretary of the State of California, hereby certify:
That the annexed transcript has been compared with the record on file in this office, of which it purports to be a copy, and the same is full, true and correct.
IN WITNESS THEREOF, I execute
this certificate and affix the Great Seal of the
State of California this
_____Jul 6 - 1976____________
Secretary of State
(THE GREAT SEAL OF THE
STATE OF CALIFORNIA)
CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION
OF THE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS
OF THE BAY AREA, INC.
WILLIAM BENEDICT, WILLIAM DURYEA, JAMES IMMEL
(Bhakta Das) - (?) - (Jayatirtha)
".THAT THEY CONSTITUTE AT LEAST TWO-THIRDS (2/3) OF THE INCORPORATORS OF
THE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS OF THE BAY AREA
OF CALIFORNIA, INC., A CORPORATION FORMED UNDER THE GENERAL NON-PROFIT
CORPORATION OF THE STATE OF CALIFORNIA.
"2.THAT THEY HEREBY ADOPT THE FOLLOWING AMENDMENT TO THE ARTICLES OF
INCORPORATION OF SAID CORPORATION: ARTICLE FOURTEENTH IS ADDED TO ARTICLES
OF INCORPORATION AS FOLLOWS:
"NO SUBSTANTIAL PART OF THE ACTIVITIES OF THIS CORPORATION SHALL CONSIST OF CARRYING ON PROPAGANDA, OR OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION AND THE CORPORATION SHALL NOT PARTICIPATE OR INTERVENE IN ANY POLITICAL CAMPAIGN, INCLUDING THE PUBLISHING OR DISTRIBUTION OF STATEMENTS, ON BEHALF OF ANY CANDIDATE FOR PUBLIC OFFICE.”
"3.THAT NO MEMBERSHIPS HAVE BEEN ISSUED IN SAID CORPORATION OTHER THAN TO THE SAID INCORPORATORS AND THERE ARE NO MEMBERSHIP SUBSCRIPTIONS OUTSTANDING IN SAID CORPORATION.
In the office of the secretary of state
Of the State of California
JUL 2 1976
MARCH WONG EU, Secretary of State
"EACH OF THE UNDERSIGNED DECLARES UNDER PENALTY OF PERJURY THAT THE MATTERS SET FORTH IN THE FOREGOING CERTIFICATE OF AMENDMENT ARE OF HIS OWN KNOWLEDGE TRUE AND CORRECT.
"EXECUTED AT BERKELEY, CALIFORNIA, ON JANUARY 6, 1976.
WILLIAM BENEDICT (Bhakta Das) INCORPORATOR
WILLIAM DURYEA (?) INCORPORATOR
JAMES IMMEL (Jayatirtha) INCORPORATOR
INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC.
FOUNDER ACHARYA HIS DIVINE GRACE A. C. BHAKTIVEDANTA SWAMI PRABHUPADA
2334 STUART ST. BERKELEY, CA 94705 (415) 843-7874
Please also see:
Declaration of Will
Direction Of Management
What is the Direction of Management [DOM] ?
Direction Of Management For An Elected GBC