Legal Question in Business Law in New York

Incorporating a n Athletic Booster Club

Does an Athletic Booster Club for a High School need to be incorporated? What is the best way to set it up so the executive board (which will change every year) is protected and it can also be a non profit organization? Should it fall under the School Districts auspices? Should it have its own tax exempt number or can it use the school districts?


Asked on 9/24/05, 11:30 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Incorporating a n Athletic Booster Club

Why don't you consult with the athletic department or the business manager at your school district?

Many issues involving school law are more important than the tax and structural issues.

The structure, charter and fund raising experiences of other district clubs will probably serve as a guide.

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Answered on 9/24/05, 12:43 pm
Robert DiPaolo The Fidelis Group, LLC

Re: Incorporating a n Athletic Booster Club

You can set up a New York Not for profit corporation and and qualify as a not for profit corporation (federal tax-exempt status) under section 501 (c) (3) of the. Internal Revenue Code. The corporation would have no shareholders, and would be run by an executive board, which can be strucured as you have suggested. The Fidelis Law Group can provide you with an attorney who can assist you in this matter. And as part of our commitment to pro bono work, we would be willing to do the work on a cost basis, plus filing fees. If you would like to discuss this matter further, please email me at [email protected].

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Answered on 9/24/05, 4:48 pm


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