SUMTER FOREST TEMPLE
(As Restated on July 15, 2011)
NAME OF CORPORATION AND OFFICE LOCATION
Section 1.01 - This Corporation shall be known as “Sumter Forest Temple” and hereinafter referred to as the “Corporation.”
Section 1.02 - The Corporation is domestically incorporated in the State of South Carolina on February 15, 2001.
Section 1.03 – The Corporation is a religious corporation that practices Theravada Sect.
Section 1.04 – The Corporation will not have members. Membership is not required to join or receive any services of the Corporation.
Section 1.05 - The current registered agent and incorporator of the Corporation is Chinnaphat Khotwong.
Section 1.06 - The principal office and mailing location of the Corporation for all purposes shall be located at 2275 Thomas Sumter Highway, Sumter, SC 29153-9514. However, this address is subject to change within the State of North Carolina. The telephone number is 803-469-2494.
Section 2.01 – The Corporation shall be operated exclusively for religious purposes. The goals of the Corporation shall be:
- To further the religious teaching of the Buddha;
- To unite Buddhists of religious and charitable activities;
- To promote and support related charitable activities;
- To educate and conserve the Asian culture;
- To help and support the elder, senior citizen;
- To organize, finance, lease, purchase, contract, maintain, and erect religious activities and fellowship of Buddhists, hereinafter referred to as the “Temple”;
- To organize seminars, conferences, and meditation retreats; and
- To raise funds for related charitable activities.
Section 3.01 – The following basic policies shall be adopted by the Corporation:
- The Corporation shall be operated exclusively for religious purposes to disseminate the Buddha’s teachings by providing the facility for religious activities, rendering religious services in accordance with Theravada Buddhism, and providing Buddhist Studies class and Meditation course to its members and general people.
- No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof.
- No substantial part of the activities of the Corporation shall constitute the carrying on of propaganda or otherwise attempting to influence legislation, or any initiative or referendum before the public, and the Corporation shall not participate in, or intervene in (including by publication or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.
- Notwithstanding any other provisions of this document, the Corporation shall not carry on any other activities not permitted to be carried on by an organization exempt from federal income tax under Section 501 (c) (3) of the Internal Revenue Code or corresponding section of any future tax code, or by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future tax code.
- Any outgoing member of the Board of Directors or of committees shall relinquish all his/her documents or the President seven (7) days prior to his /her resignation or to the successor within seven (7) days after replacement.
BOARD OF DIRECTORS AND ELECTION
Section 5.01 – Composition of the Board of Directors. Members of the Board of Directors of the Corporation hereinafter referred or as the “Officer” shall be:
- Two (2) Vice President;
- Assistant Secretary
- Assistant Treasurer;
- Four (4) Advisory Board Members;
- Not more than eleven (11) executive officers.
This body shall be known as the Board of Directors and Executive Officers.
Section 5.02 – Chairman of the board. The sitting abbot of Sumter Forest Temple shall be the President and the Chairman of the Board of Directors of the Corporation. The President shall hold the supreme organizational authority and his decision-making will be final. The President shall be the Buddhist monk only.
Section 5.03 – The President shall appoint the executive officers at his discretion by consideration of education, work experience, compatibility, and religious confidence.
Section 5.04 – Term of Office. The term of office of each officer shall be:
- The President shall hold office until he is no longer the Buddhist monk or the Abbot of Sumter Forest Temple at which time he shall be replaced by the new Abbot as President.
- The Secretary and the Treasurer shall take office for a four-year term from the date of his/her appointment, and may be re-appointed to same office provided the requirements of section 5.03 have been met.
- The Assistant Secretary and The Assistant Treasurer shall take office for a two-year term from the date of his/her appointment, and may be re-appointed to same office provided the requirements of section 5.03 have been met.
- The Advisory Board Members shall serve a two-year term from the date of the election.
Section 5.05 – Vacancies. Any vacancy in the position of the Board of Directors may be temporarily filled at the discretion of the Board of Directors until a special election or appointment can be made.
POWERS AND DUTIES
Section 6.01 – Power and Duties of the Board of Directors. The general powers and responsibilities of the Board of Directors shall be:
- To administer all affairs of the Corporation.
- To appoint committees, dissolve committees, enlarge committees, remove any committee members, and fill any vacancies.
- To determine such banks or trust companies for depository of the funds of the Corporation.
- To issue statements to the public over matters of immediate concern to the religious body.
- To plan and prepare programs for the semi-annual meetings of the Corporation.
- To present semi-annual and annual reports.
- To amend these Bylaws as needed for efficient operations of the Corporation.
- To promote Theravada Buddhism and Thai culture.
Section 6.02 – Duties of President. The President of the Corporation shall:
- Be an ex-officer member of all committees.
- Appoint and remove any officer, committee or committee member pending approval of the Board of Directors.
- Have authority to sign bonds, mortgages, contracts, and documents.
- Countersign all payments made out by the Treasurer.
- See the enforcement of these Bylaws, and the carry out of all resolutions and proceedings of the Corporation, the Board of Directors, and committees.
Section 6.03 – Duties of Vice President. The Vice President shall assist the President in the performance of his duties, and perform other duties as may be delegated by the President.
Section 6.04 – Absence of President. Should the President be absent or temporarily unable to serve the office, he will give the power of authorization to one of the Board of Directors.
In the event of death, resignation, or removal of the President, active members of Board of Directors shall succeed to the office of the President as a Presidium and shall share equally in authority coordination duties as provided for in these Bylaws until a successor shall appointed.
Section 6.05 – Duties of Secretary. The Secretary shall:
- Be the custodian of all Legal record and seal of the Corporation.
- Record the minutes of each meeting of the Board of Directors.
- Send notices, agenda of meetings, and minutes of previous meetings to the members concerned.
- Conduct the correspondence of the Corporation.
- Perform other duties as assigned by the President.
Section 6.06 – Duties of Treasurer. The Treasurer shall:
- Be the custodian of all funs of the Corporation.
- Deposit all funds of the Corporation under the name “Wat Rattanavanaram” in appropriate banking institution, subject to the direction of the Board of Directors.
- Keep accurate record of all receipts and expenditures and verify that each transaction must be accompanied by a receipt or a voucher slip.
- Submit at each regular meeting of the Board of Directors a report regarding financial transactions of the Corporation, funds of the Corporation, and his/her actions as Treasurer for the previous month’s operation.
- Pay all payments authorized by the President, unless otherwise provided for in these Bylaws.
- Perform other duties assigned by the President and as provided for in these Bylaws.
Section 6.07 – Duties of Assistant Secretary. The Assistant Secretary shall advise the Secretary and perform other duties assigned by the Secretary and as provided for in these Bylaws.
Section 6.08 – Duties of Assistant Treasurer. The Assistant Treasurer shall advise the Treasurer and perform other duties assigned by the Treasurer and as provided for in these Bylaws.
Section 6.09 – Duties of Advisory Board Members. The Advisory Board Members shall advise the board of directors to administer the Corporation in compliance with these bylaws and with local, state, and federal regulations.
Section 7.01 – Appointment of Committees. Committees shall be appointed from time to time at the discretion of the Board of Directors. The composition of Secretary and Chairperson of each committee so appointed shall be determined by the Board of Directors.
Section 7.02 – Power and Duties of Committees. No committees’ decisions can be made by any single committee member; the action of a committee must represent the decision of a majority of the entire committee members and the President.
Section 7.03 – Term of Office. The term of office of any committee shall terminate by action of the Board of Directors or upon completion of the assignment for which the committee has been formed.
Should a vacancy occur on any committee, the President may appoint a successor in the same manner as provided in the case of original appointment; the member of the committee thus appointed shall complete the unexpired term.
Section 8.01 – General Meetings. The semi-annual meeting of the Corporation shall be held during the Kathin Ceremony (October or November), and the annual meeting during the Songkran (April) Festival.
A special meeting of the Corporation may be called by the President independently, by four (4) members of the Board of Directors.
Section 8.02 – Meetings of the Board of Directors. The Board of Directors shall hold its regular meeting at last two (2) times a year, at such time and place as it may determine. Special meetings of the Board of Directors may be called at any time by the President or upon the request of not less than two (2) executive officers with the president. For both regular and special meetings, a simple majority of the executive officers present in person shall constitute a quorum.
Section 8.03 – Committee Meetings. Committee meetings shall be subject to the agreement of the call of the chairpersons as often as necessary to assure that businesses properly placed before them are disposed of as expeditiously as practicable under the circumstances.
FINANCIAL AFFAIRS AND ASSETS
Section 9.01 – The financial affairs and assets of the Corporation shall be the responsibility of the Board of Directors except as otherwise provided in these Bylaws.
Section 9.02 – The Corporation’s funds shall be deposited in any stable financial institutions and shall require at least the signatures of the President and the Treasurer as the authorized officers.
Section 9.03 – Funds of the Corporation may be derived by voluntary contributions, from requests, or any other lawful ways and means as approved by the Board of Directors.
Section 9.04 – All expenditures shall be for the purposes authorized by the Board of Directors, or be for the purposes empowered by these Bylaws.
Section 9.05 – All negotiable checks, drafts, money orders, notes or other evidences of indebtedness issued by the Corporation shall bear the signatures of the President and the Treasurer; Provided, however, the Board of Directors may authorize an individual, as the agent of the Corporation who may sign the said monetary documents.
Section 9.06 – All accounts, ledgers, duplicated receipts, paid bills, canceled checks, and bank statements shall be periodically audited by the certified public accountant or attorney for correction and transparency at any reasonable time.
Section 10.01 – This fiscal year of the Corporation shall begin on January 1, and end on December 31 of each calendar year.
Section 11.01 – The official seal and service mark of the Corporation shall be the inscribed texts and/or images as appeared below.
DISTRIBUTIONS UPON DISSOLUTION
Section 12.01 - Upon the dissolution of the Corporation, assets of the Corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.
AMENDMENT OR RESTATEMENT
Section 13.01 – These Bylaws of the Corporation may be amended or restated by the President to meet changing situations. Should these Bylaws be amended or restated, approval by members of the board of directors is required, but approval by committee and general members is not required for the Corporation’s efficient operations.
Amended and enforced in this 15th day of July, 2011.
Sumter Forest Temple