Talion77
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Brief
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
Application inline with RCEA § 22(5)
The Talion Foundation
Petitioner
I. JURISDICTION AND VENUE
Petitioner, an LLC under the laws of the commonwealth of Redmont, seeks to convert into a Foundation. Inline with Redmont Corporate Entities Act Part IV § 22(5), the approval of the Federal Court on an application showing that no person will obtain a benefit from the conversion that the purpose of the foundation would not allow is required for any entity to convert into a foundation. As the Federal Court has neither provided a format nor a proper venue in this forum to file such an application, the Petitioner has taken the path of the closest equivalent, this page.
II. ON THE NATURE OF NON-PROFITS
Petitioner, prior to the passage of the Act, was an LLC and registered non-profit under the now repealed Legal Entity Act. Id. at Part VI § 2(1) provided that all non-profits must be LLCs. With the passing of the RCEA, the requirement has changed. Non-profits may now be, pursuant to id. at Part XV § 61, member based LLCs, a cooperatives or foundations.
Further, under the LEA, non-profits were required to adhere to strict requirements, including (a) Revenue may not be distributed to members, (b) Any compensation must be reasonable, and (c) All transactions must be done at arms-length standards. These requirements have not substantially changed at all, what is essentially the same with just slight deviations in the wording can be found at RCEA Part XV § 61(2).
III. ARGUMENT
The RCEA requires Petitioner to show to the Court that no person will obtain a benefit from the conversion that the purpose of the foundation would not allow. Petitioner sees no possibility through which this conversion would not fulfill the stated requirement. Not only are the same financial requirements in place under both statutes and forms, the type of organisation of a foundation allows for the clear separation of Petitioner's assets from the assets of its current members — a separation already de facto in place due to the strict requirements imposed on non-profits.
IV. PETITION
Accordingly, the Plaintiff petitions the Federal Court to approve of the planned Conversion of Petitioner into a foundation, inline with RCEA Part IV §22(5).