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Functioning of this Temple shall be in accordance with
this Articles of Incorporation and By-laws.
The Fiscal year of the Temple shall be from January
1 to December 31 unless changed by the Executive Committee.
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Any person of legal age, irrespective of caste, color,
creed, race or national origin, who agrees to support the mission of the Temple and
abide by its Articles of Incorporation and the By-laws can become a member by contributing
to the enhancement of Temple activities.
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Annual donation for the next fiscal year pledged by
an individual or by the family shall be published annually by the Executive Committee
by the first day of the last month of the current fiscal year. (This does not include
fees for any service rendered).
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An individual member in good standing and over age 18
shall have one vote. A family, which includes all members of the family of age over
18, shall have two votes. Also see Article 10, item 9
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The executive committee shall consist of twelve (12)
elected members from the general body plus up to three (3) members from the Board
of Trustees desirous of serving in the executive committee and elected by the general
body. The members elected to the executive committee from the board of trustees shall
serve for a term of two (2) years The total number of members serving the executive
committee shall not exceed fifteen (15). From this group the executive committee shall
elect chairperson, vice chair, secretary, treasurer, joint treasurer and standing
committee chairs.
An Executive Committee Member who has completed serving two consecutive terms
in the committee is eligible to be elected by the General Body to serve the committee
for additional terms at the annual General Body meeting, provided he/she is genuinely
interested and committed to serve the executive committee.
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The Officers of the Executive Committee shall be Chairperson,
Vice-Chairperson, Secretary and Treasurer. Members of the Executive Committee shall
be elected to serve a term three years except at the first election as described in
item 3.
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At the first election, out of the eleven, the General
Body shall elect six (6) members to serve on the Executive committee for a term of
three (3) years and five members for a term of two (2) years At the subsequent
elections, to fill the vacancy in the executive committee, the general body shall
elect members from the general body and the board of trustees to serve a term of two
(2) years.
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No Executive Committee member shall serve more than
two (2) consecutive terms in any position.
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The Executive Committee shall meet no less than three
(3) times a year.
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Any member of the Executive Committee who is absent
for two (2) consecutive meetings without informing the Chairperson of his/her absence
shall cease to be an Executive Committee member
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All decisions in the meeting of the Executive Committee
shall require a two third (2/3) majority vote of the members present and voting.
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The immediate Past Chairperson shall serve as an Ex-Officio
member of the Executive Committee for two years to help maintain the continuity of
administration.
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The Executive Committee is empowered to make decisions
and transact all activities related to the Temple.
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The Executive Committee shall:
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Be responsible for development and management of all assets and funds of the Temple.
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Be responsible for major policy and long term planning of the Temple’s activities.
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Ensure that all the real-estate transactions are conducted with two-third (2/3) majority
of the Executive Committee agreeing to them.
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Review and approve yearly the Temple’s budget prepared and presented by the Treasurer
and provide funds for the execution of the budget provisions within the Temple’s resources.
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Approve all the religious and cultural activities for the year.
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Be responsible for giving donations, grants, aids etc. for purposes and in furtherance
of the Mission of the Temple subject to the limits of the authorized budget grants.
It shall also be authorized to borrow money as described in Article 9.
The Executive Committee shall appoint a three member
Election Committee to facilitate the election of the Executive Committee and inform
the General Body of the said appointment and the date of the Annual meeting at least
sixty (60) days prior to the meeting
The executive committee shall identify major donors
and solicit donations to cover the cost of construction and maintenance of temple
facilities.
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The Chairperson shall chair all meetings of the Executive
Committee and the General Body. The Chair can call a meeting of the Executive Committee
at any time deemed necessary. He/She is primarily responsible to carry out the functions
of the Executive Committee as per the Articles of Incorporation and the By- Laws.
He/She shall ensure that minutes of all meetings of the Executive Committee are recorded
and duly documented for review by members of the Temple.
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The Chairperson of the Executive Committee or his/her
designee shall execute Deeds, Mortgages, Bonds, and Contracts in the name of the Temple
and perform any other functions falling under the powers of the Executive Committee
with two third (2/3) majority of its members approving them, prior to their execution.
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The Chairperson shall serve as a spokesman for the Temple.
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The Chairperson shall coordinate the work of all Standing
and Ad-hoc Committees.
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The chairperson shall not be a member of the Election
Committee.
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The Treasurer of the Executive Committee shall collect all the contributions, keep
account of all the receipts and expenses and deposit all funds received in the name
of the Temple in a bank or banks account(s) as designated by the Executive Committee.
The bank account(s) shall be in the name of the Temple with its mailing address and
with signatures and authority vested jointly in the names of Chairperson, Vice Chairperson,
the Treasurer, the Joint-Treasurer, and the Secretary of the Executive Committee.
Funds collected for specific purposes shall be appropriately managed for the said
purposes only. He/She must deposit the money received in the bank account of the Temple
as soon as possible but no later than one month of its receipt. The Treasurer
and one other officer of the Executive Committee shall co-sign all checks in excess
of one thousand dollars ($1,000) and make payment in the name of the Temple. Any disbursements
in excess of one thousand dollars ($1,000) shall be made only after prior approval
of the Executive Committee. The Treasurer shall prepare a financial statement for
all the receipt and expenses and present it to the Executive Committee for its approval
at each Executive Committee meeting. The Treasurer shall also prepare and submit the
annual financial statements to the Internal Auditor (if one is designated) in detail
within six weeks after the closing of the fiscal year. He/She shall also present the
Annual Financial Report to the General Body in its Annual Meeting. Any payment more
than$100.00 has to be done by check and not by cash.
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The Treasurer shall prepare the budget estimates for the next fiscal year and submit
them to the Executive Committee no later than the first week of the last month of
the current fiscal year.
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Any unbudgeted payment exceeding $250.00 shall require prior approval of the
Executive Committee.
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The Treasurer shall acknowledge and recognize contributors by the end of the year.
The Treasurer shall also send acknowledgement to contributors to comply with the requirement
of IRS,
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The Executive Committee may appoint the Standing Committees and their Chairpersons.
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The Standing Committees shall be, but are not limited to: Fund Raising Committee;
Facilities and Maintenance Committee; Youth and Education Program Committee; Budgeting,
Accounting and Financial Planning Committee; Public Relations Committee; and Community
Service Committee. The Chairpersons of these committees shall attend relevant Executive
Committee meetings and get approval of the activities of their committee from the
Executive Committee.
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The committee is charged with soliciting
contributions and pledges from the members, organizations and other sources and organizing
fund raising events each year to meet the funding goals as established by the Executive
Committee by methods that are legally authorized for non-profit organizations under
the U.S. Internal Revenue code.
The committee is responsible for:
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Conducting activities to promote a positive, inspiring, and proper image of the Temple
among members and in the community.
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Responding to all emergencies due to a natural calamity, a crisis in any member family
or in the community.
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Organizing efforts and manpower to help humanitarian causes .by utilizing the budgeted
funds.
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Generating all newsletters, promotional publications and publicity of Temple activities
and publishing quarterly newsletter and distributing to the general membership. It
shall also solicit articles, letters and information to promote the Mission of the
Temple. The Executive Committee, before publication, shall approve the contents in
the newsletter
This Committee is responsible for:
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Exploring possible location of sites for the Temple facilities, negotiating the price
for acquiring the site and soliciting the cost of design and construction of facilities.
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Presenting the cost of design and construction of facilities to the Executive Committee
for approval.
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Studying issues related to zoning and environmental assessment of the site for the
facilities and any other related matters and bringing them to the attention of the
Executive Committee for guidance.
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Managing all construction work related to the Temple and maintenance of all its facilities
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Developing a master plan for the Temple complex and future expansion with the approval
by the two third (2/3) majority of the Executive Committee. The design of any expansion
or changes at the temple complex shall be consistent with the existing architectural
style of the complex.
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Obtaining at least two and preferably three quotations for purchases of materials
or services costing $1000.00 or more.
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Ensuring that no individual member enters into any contractual agreements or other
instruments (whether written or oral) with any other individual or organization at
any time with the exception of the Chairperson acting in consultation with the Executive
Committee by virtue of such authority conferred on him/her per Article 4 of By-Laws.
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Ensuring that the Chairperson, and Secretary of the Executive Committee sign all contract
documents related to the Temple facilities.
The Treasurer shall chair this Committee.
The Committee shall be responsible for the following:
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Recording Temple income and expenses, maintaining accounts and preparing the Annual
Budget.
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Assisting the Treasurer to prepare monthly income and expense statements and quarterly
balance sheet for the Executive Committee.
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Documenting the loans received by the Temple and repayments made to financial institutions
and/or individuals.
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Developing the Annual Budget for the Executive Committee and prioritizing the Temple
expenditures to fulfill the Mission of the Temple.
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Assisting and advising the Treasurer on all activities of the Temple to improve revenue
and resources.
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Allocate reasonable funds every year earmarked for Community Service activities and
humanitarian causes.
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Investing of funds in vehicles reasonably safe and secure as practiced in a non profit
organizations in this area.
This Committee shall organize the religious and cultural
activities to promote the Mission of the Temple. The Committee shall be responsible
for the following:
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Arranging programs for the education of religious values, culture, customs, and practices.
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Arranging visits, lectures, and classes by qualified people.
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Bringing appropriate means to educate and create harmony among members.
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Developing youth for future leadership.
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Developing and maintaining a library on Hinduism, and directly associated matters.
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Organizing youth programs to teach the Hindu Religion and Hindu way of life.
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Create an appropriate permanent endowment of a substantial amount to support the mission
of the temple and also shall identify major donors and solicit donations
to cover the cost of construction and maintenance of temple facilities.
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Resolve any conflict between the General body and the Executive Committee.
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In case of Dissolution of Temple, The Board of trustees shall proceed with the dissolution
as described in Article XVI
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The Executive Committee shall decide on the date and
place of Annual meeting of the General Body not later than November each year. The
Annual meeting Agenda shall include the following:
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Presentation of the State of the Temple Report by the Chairperson.
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Presentation of financial statement of the Temple by the Treasurer of the
Executive Committee duly audited by the appropriate Auditor or the Audit Committee.
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Presentation of reports by the Committee Chairpersons on the activities of their respective
Standing and Ad-Hoc committees.
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Election of Executive Committee for the next fiscal year.
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All the meetings of the General Body shall be presided over by the Chairperson and
in His / Her absence by the Vice-Chairperson of the Executive Committee. At least
fifteen (15) days advance notice shall be given to members intimating date, time,
place and agenda of the meeting of the General Body.
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If 25% members or more send a written request to the Secretary of the Executive Committee
for convening special meeting of the General Body, specifying the issue to be discussed,
the Secretary shall comply with their request within a period of two months.
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In special cases, the Secretary of the Executive Committee in consultation with the
Chairperson may call a short notice meeting of the General Body to discuss important
issues.
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The proposal(s) for inclusion of additional items on the agenda of the General Body
meeting shall require written endorsement of at least five (5) members.
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Decisions made at the General Body meetings shall be by simple majority of members
present and voting.
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Annual budget estimates for the next fiscal year shall be prepared by the Treasurer
and Budgeting, Accounting and Financial Planning Committee and presented to the Executive
Committee no later than the first week of the last month of the current fiscal year.
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Funds collected for specific activities shall be used for those purposes only. All
other funds shall be managed as general funds
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All the records and books of accounts of the Temple shall be brought up-to-date before
the election of the new Executive Committee and kept ready for handing over to the
new Treasurer immediately after the election in the same meeting.
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The Executive Committee shall appoint an Auditor or an Audit Committee. The Auditor
or the Audit Committee shall submit to the Executive Committee audit report at least
once a year but not later than November 30 each year. The Executive Committee and
the Treasurer shall make all the books of accounts and records available to the Auditor
or the Audit Committee to facilitate the audit.
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An audited financial report shall be presented to the General Body at the Annual Meeting.
Audit reports shall be available for examination by any member in good standing.
The Chairperson of the Executive Committee is authorized
to borrow money for the Temple, from individuals, commercial banks and other public
or private financial institutions with the approval of Two Third (2/3) majority of
the Executive Committee.
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Contributions, gifts, real estate, donations, grants, aids, etc, once made to the
Temple by the members or by non-members shall be non-refundable on any grounds.
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Indemnification: Assets and Liabilities of the Temple shall vest in the Board of Trustees
administered by the Board of Trustees. However, no Trustees or Committee members shall
be personally responsible for any liability (ies) of the Temple, incurred in the interests
of the Temple.
The Temple should indemnify any, and all its current and former members, Trustees,
Executive Committee Members, or Officers, or any persons who may have served at its
request or by its election as a member, Trustees, Executive Committee Members, or
Officers of another corporation, against the expense (including attorney’s fees) actually
or necessarily incurred by
them in connection with the defense or settlement of any action, suit or proceedings
in which they, or any of them, are made parties, or a party, by reason of being or
having been a member, Trustees, Executive Committee Members, or Officer of the Temple
or of such other corporation, except in relation to matters as to which any such member,
Trustee, Executive Committee Members, or Officer or former member, Trustees, Executive
Committee Members, or Officer or person shall be adjudged in such action, suit or
proceeding to be liable for willful misconduct in the performance of duty, and to
such matters as shall be settled by agreement predicated on the existence of such
liability.
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Insurance: The Temple shall obtain and maintain Comprehensive insurance for its facilities
and assets etc., at its own expense, to protect itself and any Trustees, Executive
Committee Members, or Officer, employee or agent of the Temple.
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Meetings shall be as follows:
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The General Body meeting shall be held at least once a year to appraise members of
the progress and the status of the Temple.
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The Executive Committee shall meet as often as required but no less than three (3)
times a year to carry out its functions.
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The Board of Trustees and other Standing Committees shall meet as and when required.
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The general procedure of meetings of the Temple shall be in harmony with the principle
set forth by the Executive Committee Chairperson. Robert‘s Rules of Order (Newly Revised)
shall be the final authority as to parliamentary procedure, in so far as they do not
conflict with the provisions of this Constitution and By-laws.
Quorum:. The quorum for all committees shall be one third (1/3) plus one of the total
members of that committee except the executive committee. The executive committee
shall have half (1/2) plus one of total members of the executive committee as quorum.
In the absence of quorum Robert’s Rules of order shall apply for conducting all the
meetings. The minutes of the meeting shall be circulated within 30 days after the
meeting and considered approved if no objection is received within 30 days after the
day of circulation. The subsequent meeting to ratify the resolution shall not be subjected
to Quorum. In case of General Body meeting, Quorum shall be ten (10) percent of the
total membership.
No Confidence: No confidence resolution may be moved against the member(s) of
the Executive Committee and the Standing Committees in a General Body meeting provided
such a resolution is presented with the written endorsement of at least 25% of members
in good standing to the secretary of the Executive Committee at least two months before
the meeting. Such a resolution shall require for its passage the support of a two
third (2/3) majority of the members of the General Body present and voting.
Election of Executive Committee.
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The Election Committee shall send notice to the members seeking nominations at least
thirty (30) days prior to the date of Election
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The Election Committee shall inform the members of the General Body the slate of candidates
at least fifteen (15) days prior to the date of Election.
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Any Member may make nominations from the floor during the General Body meeting when
Elections are held.
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All Elections shall be by majority vote of all General Body members in good standing
present and voting.
The Temple has the right to remove from its membership,
any individual whose activities may be considered as detrimental to the interest of
the Temple. Such expulsion(s) shall, however, be subject to approval of a two third
(2/3) majority of the members, present and voting in a General Body meeting and subject
also to the appropriate procedures affording full opportunity to the individual(s)
concerned to be heard.
The Patrons: Any person providing exceptional service
financial or otherwise, to the Temple may be honored to become a Patron. A Patron
shall be nominated by the Executive Committee and confirmed by the General Body.
The Executive Committee shall, if and when required,
appoint Ad-Hoc committees, for the specified functions and terms.
No part of the net earnings of the Temple shall inure
to the benefit of, or distribution to, its members, trustees, officers or other private
persons, except that the Temple shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and distribution in furtherance
of the mission set forth in Article VI hereof. No substantial part of the activities
of the Temple shall include engaging in propaganda or otherwise attempting to influence
legislation and the Temple shall not participate in, or intervene (including the publishing
and distribution of statements) in any political campaign on behalf of any candidate
for public office. Notwithstanding any other provision of these articles, the
Temple shall not carry on any other activities not permitted to be carried on (a)
by an Organization exempt from Federal Income Tax under section 501 (c) (3) of the
Internal Revenue Code (or corresponding provision of any future United States Internal
Revenue Law), and (b) by an Organization, contribution to which are deductible under
section 170 (c) (2) of the Internal Revenue Code (or corresponding provision of any
future United States Internal Revenue Law).
In the event of dissolution of the Temple Association,
the Board of Trustees, after paying or making provisions for payment of all of the
known liabilities of the Temple shall dispose of all its assets exclusively for the
purpose of the Temple in such manner, or to such Organization(s) organized and operated
exclusively for Hindu religion, educational, and charitable purposes as shall at the
time qualify as a tax exempt Organization(s), under Section 501 (c) (3) of the Internal
Revenue Code (or corresponding provision of any future United States Internal Revenue
Law) as the Board of Trustees shall determine.
The Revised By-Laws shall take effect from February
11, 2007 as voted by general body.
In witness whereof, We have hereunto subscribed our names this _________day
of January 2007.
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Gangadhar Vemuganti - Chair person
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Sanjay Terakanambi - Vice Chair
STATE OF IOWA:
SS
LINN COUNTY:
On this_______ day of______February 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared and______________________________________,
to me known to be the identical persons named in and who executed the foregoing instrument
and acknowledged that they executed the same as their voluntary act and deed.
_________________________
Notary Public.
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