Originally incorporated as a South Carolina Non-Profit Corporation on July 15, 1991, The Newer Ground Cemetery, Inc., was renamed and re-incorporated as The Ouzts Family Association Incorporated on January 8, 2010, for purposes of filing as a federal tax exempt corporation with the Internal Revenue Service. Federal Tax Exempt Status was granted by the Internal Revenue Service on February 12, 2010.
EIN 80-0528012
ARTICLES OF INCORPORATION OF
THE OUZTS FAMILY ASSOCIATION INCORPORATED
Pursuant to Section 33-31-201-207 of the NON-PROFIT Corporation laws of the state of South Carolina, we, all of which are citizens of the United States, hereby associate ourselves together to form a Non-Profit corporation. The corporation shall be a mutual benefit corporation.
ARTICLE I
The name of this organization shall be The Ouzts Family Association Incorporated.
ARTICLE II
The duration of the corporation shall be perpetual.
ARTICLE III
The organization shall be for the following purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(13) of the Internal Revenue Code, or the corresponding section of any future federal tax code and as is provided by South Carolina Statutes with particular emphasis on the following: To perpetuate the memory and genealogy of descendants and forefathers of Diedrich Utz, now Ouzts, by (1) cementing ties of fellowship and kinship between living members of their family; (2) maintain family unity through frequent association in a social way; (3) compiling acceptable family records of their descendants and ancestors; (4) unifying all genealogical, historical and biographical research attendant to the compiling of an acceptable family record; and, (5) pooling resources and efforts of the members of their family so that the history and genealogy of their ancestors may be passed on to all of their descendants and all other interested persons.
ARTICLE IV
This organization shall be composed of the descendants of Dietrich Utz (now Ouzts) and the husband and wife of each, and other interested individuals.
ARTICLE V
There shall be no stock issued evidencing membership.
ARTICLE VI
Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (13) of the Internal Revenue Code, or the 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 so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
ARTICLE VII
No part of the net earnings of the corporation shall inure to the benefit of, or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and make payments and distributions in furtherance of the purposes set forth in Article III hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers are not in furtherance of the purposes of this corporation.
ARTICLE VIII
The names and street addresses of the Board of Trustees are as follows:
H.C. Ouzts, 8391 South Robidoux Road, Sandy, UT 84093
Stacy Carter Ouzts, Jr., 5140 Conway Street, North Charleston, SC 29405
John Richard Allen, Jr., 1101 Starling Avenue, Miami Springs, FL 33166
Judy Pauline Long, 182 Fieldcrest Drive, Central, SC 29630
Aaron Lamar Ouzts, 256 4th Avenue, Winder, GA 30680
Anne Marjorie Butler, 7307 Highway 246 South, Ninety Six, SC 29666
The Board of Trustees shall determine policy related to fundraising. The Board of Trustees shall be elected by the members in accordance with the By-laws as adopted
ARTICLE IX
The name and address of the Incorporator is:
H.C. Ouzts, 8391 South Robidoux Road, Sandy, UT 84093
ARTICLE X
The current location and street address of the principal office is: 104 Courthouse Square, Edgefield, South Carolina 29824 which may be changed at any time by the governing board without amendment to the Articles of Incorporation.
The agent, or resident, at such address is Tonya A. Browder, phone number (803) 637-4010.
These AMENDED ARTICLES OF INCORPORATION are adopted this 28th day of December 2009.
AMENDED CONSTITUTION AND BY-LAWS OF
THE OUZTS FAMILY ASSOCIATION INCORPORATED
ARTICLE I – NAME
The name of this organization shall be The Ouzts Family Association Incorporated.
ARTICLE II – PURPOSES
The purpose of this organization shall be all lawful purposes as provided by South Carolina Statutes with particular emphasis on the following: To perpetuate the memory and genealogy of descendants and forefathers of Diedrich Utz, now Ouzts, by (1) cementing ties of fellowship and kinship between living members of their family; (2) maintain family unity through frequent association in a social way; (3) compiling acceptable family records of their descendants and ancestors; (4) unifying all genealogical, historical and biographical research attendant to the compiling of an acceptable family record; (5) pooling resources and efforts of the members of their family so that the history and genealogy of their ancestors may be passed on to all of their descendants and all other interested persons, and, (6) restoring, preserving and maintaining the Ouzts Family Cemetery, also known as the Newer Ground Cemetery, and the Ouzts Monument at or near McKendree United Methodist Church in Edgefield County, SC.
ARTICLE III – MEMBERSHIP
This organization shall be composed of the descendants of Diedrich Utz (now Ouzts, and sometimes Outz) and the husband and wife of each and other interested individuals.
ARTICLE IV – MEETINGS
Meetings shall be arranged to most effectively further the purposes of the organization. At least one meeting per year will be open to all the membership. At this annual meeting the officers and representatives will have the opportunity to report to the membership on their activities for the preceding year. Meetings of membership in branches or in local geographical areas will be encouraged. Where appropriate, social activities may accompany these meetings.
ARTICLE V – OFFICERS
Elected officers shall consist of a president, a vice president, a secretary, a treasurer, and a genealogist. Officers shall be elected by majority vote of Trustees at the annual meeting. Their term of office will commence at the close of the meeting and continue until the close of the next annual meeting. Officers may hold more than one office. All officers are eligible for re-election.
ARTICLE VI – BOARD OF TRUSTEES
The property, business and affairs of the Corporation shall be managed by a six (6) member Board of Trustees as set forth in the Articles of Incorporation. There shall be one member of this Board representing each of five groups of the thirteen lines of George Peter Ouzts and one member representing the five children of Diedrich and Dorothea Samblin Ouzts for so long as any descendants of each line shall live. The George Peter I groups are: Group I -John Calvin and David Lines, Group II - Henry and Daniel Lines, Group III - Elizabeth Ouzts McDowell, Martin Luther, and George Lines), Group IV - Peter II, Jacob II, and Isaac Lines, and Group V - Abram, Aaron, and Benjamin Lines. The children of Dietrich and Dorothea Samblin Ouzts are included as Group VI - Catherina, Elizabeth Ouzts Lowery, William Michael, Jacob Carter, and Jake Martin Lines.
ARTICLE VII – ELECTION, ORGANIZATION AND DUTIES OF THE BOARD
The Board of Trustees shall be elected at the annual meeting of the members by majority vote of those in attendance. In the initial year, 2010, there shall be six (6) Trustees elected, 2 for a one (1) year term, two for a two year term and two for a three (3) year term. Thereafter Trustees shall be elected to serve a term of three (3) years, such that two (2) Trustees are elected each year. The President of the corporation shall be the Chairman of the Board of Trustees. The Board is empowered to name a representative member of any branch group which does not have a representative at the annual meeting. A quorum of three Members of the Board of Trustees shall be required to conduct any business of the corporation.
ARTICLE VIII – THE EXECUTIVE COMMITTEE
The Executive Committee shall consist of the President, the Vice President, the Treasurer, and the Secretary. It shall be the duty of this committee to carry on the business of the organization between meetings of the Board of Trustees and to report its activities to the Board, and when desirable, to the membership of the organization.
ARTICLE IX – COMMITTEES
The President shall appoint such ad hoc or standing committees as may be deemed necessary for the conduct of business or other activities of the organization.
ARTICLE X – AMENDMENTS AND VOTING
Amendments to the articles shall be submitted to the active membership at the annual meeting and will require a majority vote. Any matters of the organization may be submitted to the active membership, and will require for passage a majority of the votes cast. The By-laws may be amended by a majority vote of the Board of Trustees.
EIN 26-1395298
AMENDED ARTICLES OF INCORPORATION OF
THE NEWER GROUND CEMETERY, INC.
Pursuant to Section 33-31-201-207 of the NON-PROFIT Corporation laws of the state of South Carolina, we, all of which are citizens of the United States, hereby associate ourselves together to form a Non-Profit corporation. The corporation shall be a mutual benefit corporation.
ARTICLE I
The name of this organization shall be The Newer Ground Cemetery, Inc.
ARTICLE II
The duration of the corporation shall be perpetual.
ARTICLE III
The organization shall be for the following purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(13) of the Internal Revenue Code, or the corresponding section of any future federal tax code and as is provided by South Carolina Statutes with particular emphasis on the following: To own, maintain and provide for the perpetual upkeep of the cemetery, known as The Newer Ground Cemetery, located on the land once owned by Benjamin Ouzts and located near the McKendree United Methodist Church in Edgefield County, SC.
ARTICLE IV
This organization shall be composed of the descendants of those buried in The Newer Ground Cemetery, and other interested individuals. The business of the corporation shall be directed by a Board of Six (6) Trustees which shall be elected in accordance with the Constitution and By Laws. The Board of Trustees shall determine policy related to fundraising.
ARTICLE V
There shall be no stock issued evidencing membership.
ARTICLE VI
Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(13) of the Internal Revenue Code, or the 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 so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
ARTICLE VII
No part of the net earnings of the corporation shall inure to the benefit of, or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and make payments and distributions in furtherance of the purposes set forth in Article III hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers are not in furtherance of the purposes of this corporation.
No part of the revenues of this corporation shall pay for, conduct, or sponsor any family reunion events, genealogy, or other non-cemetery maintenance related activities.
ARTICLE VIII
The names and street addresses of the initial Board of Trustees are as follows:
H.C. Ouzts, 8391 South Robidoux Road, Sandy, UT 84093
Stacy Carter Ouzts, Jr., 5140 Conway Street, North Charleston, SC 29405
John Richard Allen, Jr., 1101 Starling Avenue, Miami Springs, FL 33166
Judy Pauline Long, 182 Fieldcrest Drive, Central, SC 29630
Aaron Lamar Ouzts, 256 4th Avenue, Winder, GA 30680
Anne Marjorie Butler, 7307 Highway 246 South, Ninety Six, SC 29666
ARTICLE IX
The name and address of the Incorporator is:
H.C. Ouzts, 8391 South Robidoux Road, Sandy, UT 84093
ARTICLE X
The current location and street address of the principal office is: 104 Courthouse Square, Edgefield, South Carolina 29824 which may be changed at any time by the governing board without amendment to the Articles of Incorporation.
The agent, or resident, at such address is Tonya A. Browder, phone number (803) 637-4010.
These AMENDED ARTICLES OF INCORPORATION are adopted this 28th day of December 2009.
AMENDED CONSTITUTION AND BY-LAWS OF
THE NEWER GROUND CEMETERY, INC.
ARTICLE I – NAME
The name of this organization shall be The Newer Ground Cemetery, Inc.
ARTICLE II – PURPOSES
The purpose of this organization shall be all lawful purposes as provided by South Carolina Statutes with particular emphasis on the following: To own and maintain the Newer Ground Cemetery on the land once owned by Benjamin Ouzts near the McKendree United Methodist Church in Edgefield County, SC.
ARTICLE III – MEMBERSHIP
This organization shall be composed of the descendants of those buried in The Newer Ground Cemetery and other interested individuals.
ARTICLE IV – MEETINGS
Meetings shall be arranged to most effectively further the purposes of the organization. At least one meeting per year will be open to all the membership. At this annual meeting the officers and representatives will have the opportunity to report to the membership on their activities for the preceding year.
ARTICLE V – OFFICERS
Elected officers shall consist of a president, a vice president, a secretary, a treasurer. Officers shall be elected by majority vote of Trustees at the annual meeting. Their term of office will commence at the close of the meeting and continue until the close of the next annual meeting. Officers may hold more than one office. All officers are eligible for re-election.
ARTICLE VI – BOARD OF TRUSTEES
The property, business and affairs of the Corporation shall be managed by a six member Board of Trustees as set forth in the Articles of Incorporation. Trustees shall be elected for a three year term, with two of the six Trustees elected at each annual meeting. Initially two Trustees will be elected for a one year term, two Trustees for a two year term and two for a three year term. Thereafter two Trustees shall be elected at each annual meeting as the terms expire.
ARTICLE VII – ORGANIZATION AND DUTIES OF THE BOARD
The President of the corporation shall be the Chairman of the Board of Trustees. The Board is empowered to name a new Trustee to fulfill the interim term of any Trustee that cannot serve, or resigns his or her membership to the Board. A quorum of three Members of the Board of Trustees shall be required to conduct any business of the corporation.
ARTICLE VIII – THE EXECUTIVE COMMITTEE
The Executive Committee shall consist of the President, the Vice President, the Treasurer, and the Secretary. It shall be the duty of this committee to carry on the business of the organization between meetings of the Board of Trustees and to report its activities to the Board, and annually, to the membership of the organization.
ARTICLE IX – COMMITTEES
The President shall appoint such ad hoc or standing committees as may be deemed necessary for the conduct of business or other activities of the organization.
ARTICLE X – AMENDMENTS AND VOTING
Amendments to these articles may be made by a majority vote of the Board of Trustees. Any matters of the organization may be submitted to the active membership, and passage shall require a majority of the votes cast. The By-laws may be amended by a majority vote of the Board of Trustees.