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:

NAME

The name of the corporation shall be: ABORTION ACCESS FUND, INC .

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.

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.

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).

 

MEMBERSHIP

The Corporation will not have members.

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

 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.

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.

 

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.

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.

INCORPORATORS

The name and address for each of the Incorporators is:

Name Address

Bellevue, Nebraska 68005

LeRoy H. Carhart 1002 West Mission Avenue,

Bellevue, Nebraska 68005

Janine E. Carhart, 1006C Bert Murphy Drive

Bellevue, Nebraska 68005

IN WITNESS WHEREOF we have hereunto set our hands to these Articles of Incorporation as the original incorporators on this 1^st day of May 2000.

Mary Lou Carhart           Janine E. Carhart          LeRoy H. Carhart, Jr.