ARTICLES OF INCORPORATION
OF
ABORTION ACCESS FUND, INC.
KNOW ALL PERSONS BT THESE PRESENTS:
The undersigned, acting as Incorporators of a Corporation under the
Nebraska Non-Profit Corporation Act, adopt for such Corporation:
ARTICLE I.
NAME
The name of the corporation shall be: ABORTION ACCESS
FUND, INC .
ARTICLE II.
REGISTERED OFFICE
The registered office of the Corporation shall be
located at 1002 West Mission Avenue, Bellevue, Nebraska 68005 and the
registered agent of the Corporation at the above address shall be: MARY
LOU CARHART.
ARTICLE III.
COMMENCEMENT AND DURATION
The Corporation shall commence business on the date that a
Certificate of Incorporation, together with the duplicate original of
the Articles of Incorporation affixed thereto by the Secretary of State
and endorsed "filed" by the Secretary shall be filed in the office of
the County Clerk where the registered office of the Corporation is to be
located, for recording. The Corporation shall have perpetual existence.
ARTICLE IV.
PURPOSE
The purposes of the Corporation are:
1. To function exclusively for charitable, scientific,
and educational purposes, including (without limitation)
public education and support for women needing reproductive
health services;
2. To further the needs of abortion providers in order to
increase abortion availability to women needing reproductive
health services
3. To engage in all activities permitted by the Act
incidental to or in furtherance of those purposes, except as
restricted herein;
4. To comply with the rules and regulations of the
Internal Revenue Code of 1986 (hereinafter "the Code")
applicable to organizations described in S501 (c) (3), to
which contributions are deductible under S170 (c) (2).
ARTICLE V.
MEMBERSHIP
The Corporation will not have members.
ARTICLE VI.
DIRECTORS
A board of, not less than three, directors shall
conduct the affairs of the Corporation. The number of directors shall be
determined by the By-Laws of the Corporation. New directors shall be
appointed by the Board of Directors. The terms and condition of service,
as directors, shall be defined in the By-Laws. The following three
persons shall be the original Board of Directors of the Corporation.
Mary Lou Carhart, President, C.E.O and Executive Director
1002 West Mission Avenue, Bellevue, Nebraska 68005
LeRoy H. Carhart, Vice-President
1002 West Mission Avenue, Bellevue, Nebraska 68005
Janine E. Carhart, Secretary-Treasurer
1006C Bert Murphy Drive, Bellevue, Nebraska 68005
ARTICLE VII.
NON-PROFIT CHARACTER
The Corporation shall be a public benefit
corporation.
Provisions of the regulation of the internal affairs of the
Corporation, including provisions for the applications of earnings and
distribution of assets or dissolution on final liquidation are:
No part of the Corporation’s net earnings shall inure to the benefit
of or be distributed to its members, directors, officers, or other
private persons, except that the corporation may pay reasonable
compensation for services rendered and expenses incurred on its behalf,
and may otherwise make payments and distributions in furtherance of its
purposes.
Upon dissolution of the Corporation, the entire net assets, after the
payment of and all liabilities and obligations of the Corporation shall
be distributed exclusively for the purpose of the Corporation or to such
organization or organizations organized and operated exclusively for
charitable, educational, literary, religious or scientific purposes as
shall at the time an exempt organization or organizations under 501 (c.)
(3) of the Code.
No part of the income of the Corporation shall be distributed to its
members, directors, or officers and the private property of the members
of the Corporation shall be exempt from all obligations of the
Corporation.
ARTICLE VIII.
RESTRICTIONS OF A PRIVATE FOUNDATION
To the extent required by 508 (e) (1) of the Code, the Corporation:
1. shall distribute its income for each taxable year at
such time(s) and in such manner(s) as not to become subject
to tax on undistributed income imposed by S4942 of the Code;
2. shall not engage in any act of self-dealing as defined
in S4941 (d) of the Code;
3. shall not retain any excess business holdings as
defined in S4943 (c) of the Code;
4. shall not make any investments in such manner as to
subject it to tax under S4944 of the code; and
5. shall not make any taxable expenditure in S4945 (d) of
the Code.
ARTICLE IX.
AFFILIATE STATUS
The Corporation shall be governed by the policies, rules and
procedures established for its voting member organizations by the
National Network of Abortion Funds, a District of Columbia nonprofit
corporation organized and operated exclusively for charitable and
educational purposes, which has been determined by IRS to qualify as a
public charity under IRC 501 (c) (3) and 509 (a) (1). The Corporation
shall have the right at any time to apply to the IRS to obtain its own
501 (c) (3) under the Code.
ARTICLE X
AUTHORITY TO AMEND ARTICLES OF INCORPORATION
The Corporation reserves the right to amend these Articles of
Incorporation from time to time in the manner provided by the Nebraska
Non-Profit Corporation Act.
ARTICLE XI.
INCORPORATORS
The name and address for each of the Incorporators is:
Name Address
Mary Lou Carhart 1002 West Mission Avenue,
