Brisk Business: The Virginia Flaggers are a Limited Liability Corporation

Corporation Registration for the Virginia Flaggers, LLC
(Image courtesy of the Virginia State Corporation Commission)




We have recently detailed the Virginia Flaggers enterprising ways here and here, but new information we are receiving is raising even newer questions. The group seems to be blurring the lines between a for-profit corporation and non-profit organization. This blurring raises questions about how the group operates financially. They solicit donations from the general public and in turn use those donations to raise hate flags across the state, but there is a question as to whether or not the group is legally soliciting those donations as they are a for-profit company registered with the Virginia State Corporation Commission.

According to public records available online, the Virginia Flaggers are a Limited Liability Corporation. The Date of Formation/Registration is August 30, 2013. The corporation's SCC ID is S4696250.

The Registered Agent/Registered Office is Attorney Fred D. Taylor of Bush & Taylor P.C. of Suffolk, Virginia. Taylor is very involved in Confederate Heritage "Defense". According to an article published by the Virginian-Pilot, Taylor is also an attorney representing the Sons of Confederate Veterans, Inc.. Taylor spoke recently at the Virginia Flaggers "Capital of the Confederacy Rally" in Richmond, Virginia. The rally was a collaboration between the Virginia Flaggers and the Army of Northern Virginia Mechanized Cavalry. One member of the ANVMC present at the Capital of the Confederacy Rally is also a member of the hate group the League of the South and works closely with the Virginia Flaggers


Attorney Fred D. Taylor is listed as the Registered Agent for the Heritage Preservation Association, Inc. (Image courtesy of the Virginia State Corporation Committee)


According to an article at Godanriver.com, Wayne Byrd, President of the Heritage Preservation Association has also retained Taylor as council to challenge the decision to remove the Third National Flag of the Confederacy at Sutherlin Mansion in Danville, Virginia. Attorney Fred D. Taylor is also listed as the Registered Agent for the Heritage Preservation Association, Inc..


(Image courtesy of the Virginia Flaggers)



This information raises new questions about the groups fund raising techniques and whether or not they are paying Federal Taxes. According to NOLO.com:


"If your nonprofit organization requests donations from residents of any one of the 40 states that require nonprofits to register in order to solicit contributions, you need to know about nonprofit fundraising registration. In the past, nonprofits may have been able to get by while letting these requirements slide, but the IRS and state governments are cracking down. And chances are your nonprofit will be affected by these registration rules, since they're on the books in every state except Arizona (repealed registration laws in 2013), Delaware, Idaho, Indiana, Iowa, Montana, Nebraska, South Dakota, Texas, Vermont, and Wyoming.
Subject to some important exceptions that you should know about, all states other than the 11 identified above require nonprofits that solicit contributions from state residents to register with a state agency. Solicitations can include any type of requests for donations by mail, phone, advertisement, email, or Internet, regardless of whether your nonprofit actually receives any donations." 



(Image courtesy of NOLO.com)



The Virginia Flaggers solicit donations mostly on Facebook, asking the public to either mail checks made payable to "VA Flaggers" or to donate through Paypal, a popular online financial transaction middleman.



(Image courtesy of the Virginia Flaggers)



(Image courtesy of the Virginia Flaggers)


(Image courtesy of Paypal)




It is unclear at this time if the Virginia Flaggers solicitation of donations are either legal and/or ethical and some lawyers seem to be split over the legality of a for-profit corporation soliciting said donations. The Virginia Department of Agriculture and Consumer Services Office of Charitable and Regulatory Programs has released a set of Rules Governing the Solicitation of Contributions which were effective August 1, 2010, and are based on the Virginia Solicitation of Contributions Law spelled out in the Code of Virginia (1950) §§ 57-48 through 57-69, as amended July 1, 2013.




A search for "Virginia Flaggers" in the Virginia Office of Charitable and Regulatory Programs database yielded no results. (Image courtesy of the Office of Charitable and Regulatory Programs)



Whatever the case may be, the Virginia Flaggers appear to be rolling in the dough. Besides raising hate flags across the State of Virginia, the group also has offered monetary rewards and flown misspelled banners from planes, as we recently saw.


Note: There are stiff penalties for Tax Fraud and Tax Evasion (a subset of Tax Fraud). There also appears to be stiff penalties for Charity Fraud as well. The Virginia Department of Agriculture and Consumer Services Office of Charitable and Regulatory Programs has a downloadable form for reporting charitable solicitation complaints here

Nothing in this post should be construed as alleging that the Virginia Flaggers have violated any laws. Legal advice should ONLY be given by an Attorney. 




Restoring the honor!




Comments

  1. Looks like the Flaggers have competition...

    https://deadconfederates.com/2012/10/14/are-southrons-breaking-ranks-with-h-k-edgerton/#comment-45750

    ReplyDelete

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