STATE OF ANA FROM LEGAL COUNSEL
The purpose of this letter is to provide members of ANA with an update on the current status of The Association of the Nepalis in the Americas (Hereafter ANA) and its affiliates. I have outlined several topics below.
Legal Status of ANA
It is my pleasure to inform membership that, through the hard work of the leadership of ANA as well as the legal and financial teams, ANA is within legal compliance as an organization under its original charter in the District of Columbia. It can continue to function as a not for profit under DC law. This is just the first step of many concerning legal compliance; however it allows ANA to function as an organization and carry on business as a 501(c)(3).
After the discovery of ANA being out of legal and financial compliance, it was advised by my office that the 2011 elections be put on hold. To allow an election to occur under the state ANA was in would threaten its ability to continue to exist in the future. It could also have led to civil and criminal liability. Correcting the numerous issues ANA was suffering from would allow ANA to continue as an organization for many years and would allow the holding proper elections.
ANA Future Elections:
As noted in the past ANA is working towards creating an environment that allows the holding of elections in a fair and legal environment. This is a process that will take time as all working on this matter have to address issues that go as far back as 15 years. The ANA board, in conjunction with the legal and financial teams, is working very hard to bring ANA into legal and financial compliance. A lot of progress has been made but a lot more must be accomplished before ANA is in the position to hold proper elections. The earliest election possibility will be in 2013.
If any individuals tendered a candidates fees for the 2011 that fee can be applied as the candidate’s fee at the next ANA election or it can be deemed a charitable contribution that ANA will provide a charitable contribution letter for candidates tax purposes. Either of the aforementioned options are contigent on a candidate providing written proof of payment.
Regarding membership voting in the next election ANA requires that for a member to be eligible for voting the membership must be secured within a year before the Election Day. ANA’s membership is an annual membership. Those have secured membership within that dues year will be eligible to vote at the next election. Those members who paid membership dues in 2011 will enjoy the membership benefits for the particular dues year that there membership falls within. Since the 2011 elections were postponed, the year will be treated as a membership non-voting benefits year similar to 2010.
ANA is heading in the right directing legally and financially. As stated before our job is to ensure that all issues are rectified in order for ANA to operate in compliance with the law. We ask for your patience as we work to do that goal.
/s/ Dipo Akin-Deko
Akin-Deko & Puig PLLC}
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