CERTIFICATE OF INCORPORATION
OF
Comp4Kids of NY,
Inc.
Under Section 402 of the Not-for-Profit Corporation
Law
The undersigned, a natural
person of the age of eighteen years or over, desiring to form a corporation
pursuant to the provisions of the Not-for-Profit Corporation Law of the State
of
FIRST: The name of the Corporation is Comp4Kids of NY,
Inc. hereinafter sometimes called "the Corporation."
SECOND: The Corporation is a corporation as defined in
subparagraph (a) (5) of Section 102 of the Not-for-Profit Corporation Law. Notwithstanding
any other provision of these articles, the corporation is organized exclusively
for one or more of the purposes, as specified in Section 501(c)(3) of the
Internal Revenue Code of 1954 or corresponding provisions of any subsequent
federal tax laws and shall not carry on any other activities not permitted to
be carried on by (a) a corporation exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code , or the corresponding section of any
future federal tax code, or (b) by a corporation, contributions to which are
deductible under section 170(c)(2) of the Internal Revenue Code , or the
corresponding section of any future federal tax code.
THIRD: The Corporation is a Type_B_corporation as defined
in Section 201 of the Not-for-Profit Corporation Law.
FOURTH: The purposes for which the Corporation is formed
are:
1.
Collect
“used” computer equipment from Individuals, Groups, and Corporations
2.
Refurbish
the collected equipment
3.
Distribute
the refurbished computer equipment to children whose families do not have a
working computer
FIFTH: The offices of the corporation are located a
SIXTH: The names
and post office addresses of the three initial directors until its
organizational meeting are as follows:
|
NAME |
ADDRESS |
|
Jonathan Zimmerman |
|
|
Dor0hy Zimmerman |
|
|
Shelly Quinn |
|
SEVENTH:
The Secretary of State is
hereby designated as agent of the corporation upon whom process against it may
be served. The post office address to which the Secretary shall mail a copy of
any process against the corporation served upon him is:
Comp4Kids
of NY, Inc.
EIGHTH:
No substantial part of the
activities of the corporation shall be the carrying on of propaganda, or
otherwise attempting to influence legislation (except as otherwise provided by
Internal Revenue Code Section 501(h), and the corporation shall not participate
in, or intervene (including the publication or distributions of statements) any
political campaign on behalf of or in opposition to any candidate, or
participating in, or intervening in (including the publication or distribution
of statements), any political campaign on behalf of any candidate for public
office.
In the event of dissolution,
all of the remaining assets and property of the corporation shall after
necessary expenses thereof be distributed to another organization exempt under
Section 501(c)(3) of the Internal Revenue Code of
1954, or corresponding provisions of any subsequent Federal tax laws, or to the
Federal government, or state or local government for a public purpose upon
approval of a Justice of the Supreme Court of the State of New York.
In any taxable year in which
the corporation is a private foundation as described in Section 509(a) of the
Internal Revenue Code of 1954, the corporation shall distribute its income for
said period at such time and in such manner as not to subject it to tax under
Section 4942 of the Code; and the corporation shall not (a) engage in any act
of self-dealing as defined in Section 4941(d) of the Code; (b) retain any
excess business holdings as defined in Section 4943(c) of the Code; (c) make
any investments in such manner as to subject the corporation to tax under
Section 4944 of the Code; or (d) make any taxable expenditures as defined in
Section 4945(d) of the Code or corresponding provisions of any subsequent
Federal tax laws.
No part of the net earnings
of the corporation shall inure to the benefit of, or be distributable to its
members, trustees, director, officers or other private persons, except that the
corporation shall be authorized to pay reasonable compensation for services
rendered and to make payments and distribution in furtherance of its purposes
as set forth in this certificate of incorporation.
Signed (1.18.08):
________________________
SIGNATURE
Jonathan Zimmerman 17