Charities With No Assets

Packet A contains the following sample documents:
•	Sample Complaint 

•	Motion for Entry of Judgment
 
•	Judgment
Charities with no assets at the time of dissolution must take the steps outlined in the sample Complaint contained in Packet A and then prepare the Complaint, ensuring that Ehibits “A” and “B” are attached, plus a Motion for Entry of Judgment and an order for Judgment.  Packet A contains samples of these three documents.  Again, these documents are to be used as a guide only.  On each document, the particular circumstances of your individual case must be stated.
Please prepare these three documents and then forward the orginals and one copy of each to the Non-Profit Organizations/Public Charities Division.  
If your annual financial filings (Form PC) with this office are not up-to-date, please send all delinquent reports and filing fees along with your complaint.  
If there has been any financial activity since the filing of your final Form PC, do not neglect to include an affidavit of financial activity in Exhibit “B”.  
We will review these documents, and if all are in order, we will sign the line provided for our assent on the Motion for Entry of Judgment and return the originals to you for you to file with the SJC.  
The filing fee for dissolving a charitable corporation is $315.00.  A check made payable to the Commonwealth of Massachusetts must accompany your filing with the SJC.

PACKET A

SAMPLE COMPLAINT FOR CHARITIES WITHOUT FUNDS

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.	SUPREME JUDICIAL COURT 	EQUITY NO. 

_______________________________________
						)
						)
CHARITY, INC.				)
	Plaintiff,				)
						)
	v.					)
						)
						)
MARTHA COAKLEY, AS SHE IS		)
THE ATTORNEY GENERAL OF THE		)
COMMONWEALTH OF MASSACHUSETTS	)
	Defendant,				)
						)

COMPLAINT FOR VOLUNTARY DISSOLUTION

The Plaintiff, Charity, Inc., respectfully requests dissolution pursuant to G.L. c. 180,

Section 11A as follows:

1.	The plaintiff is a corporation for charitable purposes 

organized and existing pursuant to Chapter 180 of the Massachusetts General Laws.

2.	Defendant Martha Coakley is the duly elected and qualified Attorney General of the

Commonwealth of Massachusetts.

3.	The charitable purposes for which the plaintiff was organized are as follows:

[Quote or summarize charitable purpose of the plaintiff, as found in its Articles of Organization]

4.	[Paragraph 4 must state the reasons why the charity is dissolving.  Please write the      

most accurate and complete grounds for dissolution as they apply to your       individual

case.  The following are examples only.]

(example)   4a.	The charitable purposes for which the Plaintiff was organized have been fulfilled. 

[Elaborate; give a summary of work performed; explain how purposes have been

fulfilled]

OR

(example)   4b.	It has become impossible and/or impracticable for the Plaintiff to continue to

operate, for the following reasons:  [Elaborate - use several paragraphs, if

necessary]

OR

(example)   4c.	The Plaintiff performed the following work in accordance with the charitable

purposes for which it was formed:  [             ]; however, Plaintiff has been unable

to raise sufficient funds to continue its work [or, Plaintiff has explored and

exhausted every feasible alternative for continuation of operation, but no alternative

appears to be financially viable]

5.	After due deliberation, the Plaintiff's Board of Directors, which is its governing body, by a

series of resolutions passed by a majority of said Directors at a meeting duly called and

held on     [date]     , has determined that the Plaintiff has fulfilled its corporate purposes

[or that it is no longer feasible or possible to carry out the Plaintiff's corporate purposes or,

that its corporate viability has ceased] and that this Complaint for Dissolution should be

presented to the Supreme Judicial Court. Furthermore, said resolutions were adopted, 

ratified, and confirmed in a written document dated                   , executed by all of the

Plaintiff's Directors.  A true copy of said document, including the text of said resolutions, is

annexed as Exhibit "A" and made a part of this Complaint.

6.	The Plaintiff states that all debts, liabilities and obligations to creditors have been satisfied in

full and discharged as set forth in its final annual report (Form PC), and affidavits reflecting

any subsequent financial activity, annexed as Exhibit "B" and made a part of this

Complaint.

7.	The Plaintiff states that it has no assets, funds, or property remaining.

WHEREFORE, the Plaintiff respectfully prays that the Honorable Supreme Judicial Court:

8.	Enter an order declaring that the Plaintiff be dissolved as an existing Massachusetts

corporation in accordance with the provisions of Section 11A Chapter 180 of the Massachusetts

General Laws, as amended.
	RESPECTFULLY SUBMITTED BY

	CHARITY, INC.

	By Its Attorneys

							__________________________

							__________________________
							Esquire
							Law Firm

DATE:____________

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.	SUPREME JUDICIAL COURT 	EQUITY NO. 

_______________________________________
						)
						)
CHARITY, INC.				)
	Plaintiff,				)
						)
	v.					)
						)
						)
MARTHA COAKLEY, AS SHE IS		)
THE ATTORNEY GENERAL OF THE		)
COMMONWEALTH OF MASSACHUSETTS	)
	Defendant,				)
						)

MOTION FOR ENTRY OF JUDGMENT

Now comes the Plaintiff in the above matter and moves that a Judgment be entered in the form

attached hereto.

Assented to:

MARTHA COAKLEY		CHARITY, INC.
ATTORNEY GENERAL		By Its Attorneys,

Through:         _______________________			_________________________	
Assistant Attorney General 
Division of Public Charities 			_________________________
Public Protection Bureau
Dept. of the Attorney General
One Ashburton Place
Boston, MA 02108
(617) 727-2200
B.B.O.#

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.	SUPREME JUDICIAL COURT  	EQUITY NO. 

_______________________________________
						)
						)
CHARITY, INC.				)
	Plaintiff,				)
						)
	v.					)
						)
						)
MARTHA COAKLEY, AS SHE IS		)
THE ATTORNEY GENERAL OF THE		)
COMMONWEALTH OF MASSACHUSETTS	)
	Defendant,				)
						)

JUDGMENT

On Plaintiff's Motion for Entry of Judgment, it appearing that the Defendant Martha Coakley,

Attorney General of the Commonwealth, has assented thereto,

NOW, THEREFORE, it is adjudged and ordered:

1.	That the Plaintiff, Charity, Inc. is hereby dissolved.

	BY THE COURT:

						__________________________

DATED:________________