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Friday, March 16, 2012

Charlestown Land Trust fixes corporate screw-up

Addresses February 13 embarrassment
Land Trust Peeps prefer fishing to filing
By Will Collette

During the February 13 heated discussion over the $475,000 gift from Charlestown tax payers to the Charlestown Land Trust, the town Conservation Commission leaders raised an unexpected problem in the transaction – the Land Trust was under formal notice from the RI Secretary of State that the Trust’s corporate charter was about to be revoked.

This drew a gasp from the audience, most of whom opposed the Y-Gate land deal. The attorney from the Trust stepped up to the podium and, hemming and hawing, admitted that, yes, the Land Trust did receive the notice about their failure to file their annual report and that he was dealing with it.




You can even file your annual report on line
All non-profit corporations in Rhode Island must file a 2-page annual report no later than July 31 each year. Failure to file can lead to the state taking away the non-profit’s corporate charter – and with it, the right to operate in the state of Rhode Island. Failing to carry out this routine, simple duty is often seen as an example of carelessness and, when it happens often (as in the case of Council member Lisa DiBello’s non-profit, A Ray of Hope), bad management.

According to Secretary of State records, the Charlestown Land Trust finally did file its annual report on February 17, 2012, six and a half months later.

But there was something unusual about that report, which is shown in its entirety at the end of this article.

The report is not signed by an officer, but rather by a board member, Roe LaBossiere. You’ll note the red-flag note inserted by the Secretary of State’s office.

I called the SOS office and found that, yes, the report was accepted because LaBossiere is listed as a director, even though the check-box for “Trustee” is checked. As it turns out, LaBossiere is listed as a Trustee on the Charlestown Land Trust IRS-990 report.

As I said, state annual reports are simple, short, routine and easy. Not filing one can be fixed by filing a late report and paying a fine. But failing to take care of routine business is not a good sign, especially when the town is planning to pay the Land Trust $475,000 for a conservation easement of questionable value.