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CNYScouter

Moving assets to a new CO?

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LOL.

 

Not sure why yeh feel there's such a thing as a BSA Bible. :laugh:   That's a hoot.

 

Practically speakin' this works exactly the way I've described, eh?   It happens often enough these days with COs droppin' units.  Remember, all da individual registrations remain in place, eh?  So do da insurance contracts, since they're paid for.  Yeh might say yeh have a whole mess of lone scouts and lone scout leaders who are lookin' to find or form a troop. 

 

Don't sweat da small stuff, eh?  This is small stuff.  Nobody cares about precision, just about helpin' things work out well.  Just keep things goin', figure out what yeh want to do and move forward on it.  If it gets around to recharter time and things still haven't gelled, da DE will either find a friendly CO to temporarily charter yeh as an additional unit or will help yeh do a "Friends of" charter. 

 

Beavah

 

@@Beavah, I get your commentary. What I am asking for is the proof that your statements are correct.

 

If you no longer have a charter organization then parts or the Charter Organization Agreement cannot be fulfilled. Without a CO unit leaders cannot be approved. Without a CO there is no representation at the council level. The CO is the mechanism by which Scouting is executed and they are the signatory to the charter to enforce all the rules, regulations, bylaws and other policies of the BSA (the bible).

 

I think you are dead wrong to ascribe the non-existence of a CO as being "small stuff". Who's insurance covers the unit? Who makes sure the unit is following BSA directives? Who is accountable? It's not the unit because the unit belongs to the CO, without a CO you have a violation of the Charter Agreement.

 

I appreciate your speculation, but I am seeking actual proof that a unit could go the rest of the year without a CO. *If* that is actually the case, who assumes the liability and risk that the CO would normally cover?

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What is happening is the COR from the old defunct church (and CO) is now part of the merged church and has been signing apps.

 

Up until yesterday I haven't been involved too much with finding a new CO.

From what I have found out everyone is acting like the merged church is the CO.

So far no one I have talked with know if the council is even aware for this situation.

 

The Pack and Crew don't have much in the way of assets or a large bank accounts so it's not such a big deal for them to move to new CO.

 

The Troop has a great deal of assets.

With a Troop of 40+ Scouts there is over $15k just for summer camp fees alone so there quite a bit of money in the bank account

Even with after paying this off there is still a pretty large sum left as the Troop just had their yearly big fundraiser.

With all the tents, stoves, troop trailer and other equipment it becomes quite a bit to deal with.

 

The Troop leadership is "pretty sure" the merged church will turn over the assets and seems to be taking this pretty causally.

People can get crazy when dealing these amounts.

It was financial reasons they merged the church's and sold the building - they were not bankrupt but just could no longer afford the building and its upkeep.

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I guess the bottom line is find somebody new who is willing to be your new CO.   Get the DE or SE to help you with the paperwork.  Sounds like the new church is willing to just let you walk and keep all your assets, but you are right, with that much money involved, you will not want to keep this hanging very long.

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If the merger was a formal one, usually the merger means the surviving entity retains the rights and obligations (including prior contractual ones) as well as assets and debts for both entities.  Thus, as a merger, the mega church would be the owner of equipment and the CO of record.

 

Now, I have not read a charter agreement, but I would imagine that the BSA probably has an explicit clause in there that if the signing CO (the old one) ceases to exist (or has a change of control), then the charter itself becomes null and void - releasing the mega church from the obligation to continue to be your CO (but technically still leaving them in nominal control of the equipment).  Maybe the BSA would have to formally notify the mega church that the charger is null and void, and not having yet done that, it would still be appropriate for the old COR (now part of the mega church) to sign COR type documents.  Alternatively, if the mega church does not want to be a CO, and the BSA has not formally notified it that the BSA is terminating the charter agreement, then it is incumbent on the church to formally notify the BSA of the plan to cancel it's charter.  Otherwise it will still be recognized as the CO of record.

 

My understanding of the charter agreement basically states that if the CO does not plan to continue with a Scout unit, they are still obligated to place the equipment for a Scouting purpose (to your "new" unit, another unit, or the council for example).

 

So the moral of my story is, that until either the BSA or the Mega church formally renounce the charter - it is still in effect.

 

Now if the Old CO went bankrupt (and thus actually ceased to exist formally), and it was not a merger, but an acquisition of assets, etc.; then the story is different.

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Do we know for sure that the merged church doesn't already have a scout unit?

 

Not sure why it should matter, @DavidCO (?)   A partner can charter as many units as it wants, eh?

 

@@CNYScouter, likely no worries about da bank account, eh?  Almost all churches are good actors about this sort of thing, and da summer camp deposits are custodial, eh?  They're liabilities on da books.  As long as there's no bankruptcy issue, really yeh shouldn't have any problems. 

 

Again, this is normal, eh?  It happens with some regularity, yeh just go about it like friendly and responsible adults. 

 

Beavah

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