9 Mar
2026
9 Mar
'26
3:32 a.m.
domenica 8 marzo 2026 16:26, Peter Saint-Andre <stpeter(a)stpeter.im> ha scritto:
On 3/8/26 8:57 AM, Mario Sabatino via Members wrote:
My burdens are not especially heavy. My concern is
that if I die or
become incapacitated there is no one else in the U.S. to ensure the
continuity of the XSF with regard to banking, maintenance of our legal
status, etc.
I am not an expert in US non-profit law, but I did some research and think we need to to
clearly distinguish between two functions that are different in nature: on the one hand,
the registered agent, and on the other, the executive director.
The registered agent (Peter if I am not wrong is the registered agent of XSF and also the
treasurer) is a figure required by the legislation of individual US states. Their function
is essentially formal: they maintain an address in the state of incorporation of the
foundation and receive official notifications and any legal documents on behalf of the
entity. However, they do not perform any management tasks nor do they have any powers of
representation or signature for the foundation. For this reason, many companies offering
registered agent services expressly limit their role to receiving legal communications.
Once Peter is no longer actively involved (may God keep him healthy and alive for another
100 years!), from an organisational point of view, the most efficient solution would be to
appoint a registered agent in the state of incorporation to ensure the formal continuity
of the entity.
Only the registered agent needs to be resident in the United States. In fact, if I am not
mistaken, the executive director of XFS in charge is not a U.S. resident. Nor does the
treasurer have to be a resident of the United States.
I think it is absolutely necessary to seek advice from a US lawyer who is an expert in
non-profit law.
Mario