Question: Legal

We have a PTO/PAT (which pat stand for parent action team. The president signs her name and then puts PTO/PAT after it. the principal told them no bylaws can be written dont know the reason and this group insnt registered with our secretary of state and positive they dont have a current EIN number. I alos checked with the state and they have a book sale every year and not sure that they pay the sales tax the state cant locate their account. We run two businesses and know how important it is to follow the rules Everytime I ask the questions I am ignored She can personally be responsible if anything happens correct ? Them using PTO with no bylwas is also a No No correct ? Please advise. I am a fundraiser and do alot of marketing I am willing to help but not until all the rules are followed

Asked by Anonymous



Advice from PTO Today

Craig writes:
It sounds like your PAT is operating as a committee of the school rather than an independent parent group. Lots of parent groups operate this way. Check to see whether the bank account is set up using the school's EIN. If that's the case, then you're operating under the school's 501c3 tax-exempt status. I'm guessing this is the reason the principal doesn't want you to write bylaws -- he doesn't want any indication of independent organizational structure that might put you at risk. Since you're worried, it might be worth consulting an attorney who who is experienced with nonprofits to make sure your T's are crossed and also to find out your limits (for instance, are bylaws OK, even if you don't call them that?)

Community Advice

Rondanash writes:
the ein number isnt under the schools and I talked to a school board member today and it isnt suppose to be connected it is suppose to be its iwn stand alone committee and the EIN number matches an old PTo name not even the current. The more I dig the deeper it gets, An audit on the books hasnt been done for years and only one signature involved on paying bills. I am writing the district and the principal and letter to find out wht they see is suppose to be reprented. Thanks and I have an attorney standing by

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