In accordance with ANA EC Board Meeting decision, ANA (President Khagendra Adhkari, Vice President – Bijaya Shrestha and Communication Director -Laxman Pradhan) and NECC (President Khilendra Neupane and his EC Members) Teams had held several meetings and discussions. As such, NECC bylaws team has amended and included the following provisions in its second amended bylaws associated with its originator ANA. We both parties agreed with these provisions. Based on the stated provisions in the NECC bylaws, ANA should consider and amend its bylaws to synchronize with the NECC second amended bylaws and avoid any conflicts of interest.
ARTICLE I: ORGANIZATION
1.4. NECC, originated by Association of Nepalese in the Americas (hereinafter “ANA”), is registered as an independent non-profit organization in the state of Maryland, USA.
ARTICLE IX: BOARD OF ADVISORS (BOA)
9.1. Responsibility. BOA shall advise BOT and EC in strengthening the organization policy, developing business strategies, planning, fund raising, infra-structure development, and community relations. The BOA will also help in creating programs and policies and providing expertise in key areas of interest for the organization.
NECC Founder, ANA will be the Chairperson of BOA.
ARTICLE VII: BOARD OF TRUSTEES (BOT)
7.1. Powers and Duties. The BOT shall exercise all organizational powers and manage the business and affairs of the Organization, except as otherwise provided by law, the Organization’s Articles of Organization, or these Bylaws. BOT is the most powerful body after the Annual General Meeting of the organization. BOT shall be responsible for strategic planning and oversight of the Executive Committee members, who are responsible for executing the plans of the BOT. The duties and the powers of the BOT in the Organization shall include, but not be limited to, the following:
For sales and purchases of real estate property of NECC, NECC should first inform the patrons as they are considered to be the prominent donors of NECC. Subsequently, NECC should obtain an approval of 67% of living Trustees from a universe of NECC Trustees roster along with a 67% majority decision of the Executive Committee members.
ARTICLE XXII: LIQUIDATION OR DISSOLUTION
22.2. Upon its dissolution, the remaining assets and property of NECC shall, after necessary expenses thereof, be distributed by ANA 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. Any such assets not disposed of shall be disposed of by the Court of Common of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. Upon its dissolution, ANA shall decide who the remaining assets shall be disbursed in accordance with the applicable laws.
Memorandum of Understanding (MOU) is signed between ANA and NECC on December 24, 2020 to provide and share office space in the premises of NECC at Beallsville, Maryland under agreed upon terms and conditions (see MOU for details).
