ADR 0002 — State of incorporation (PENDING)¶
Status: Proposed (decision pending) Date: 2026-05-04 Decision-makers: Pre-formation working group; pending Board
Context¶
The Guild's state of incorporation determines:
- Filing fees and ongoing compliance cost
- Annual report cadence and content
- Statutory framework for nonprofit governance
- Where the registered agent and primary bank live
- Practical proximity to leadership and counsel
National membership scope is independent of incorporation state.
Options considered¶
- Maine — Title 13-B Nonprofit Corporation Act; $40 Articles of Incorporation; $35 annual report due June 1; mature legal cannabis market since 2016.
- Minnesota — Chapter 317A Nonprofit Corporation Act; $70 by mail / $90 online Articles of Incorporation; $0 annual renewal due Dec 31; legal adult-use cannabis since 2023; large nonprofit-services ecosystem.
Decision¶
To be made. Recommendation: incorporate where the Executive Director and primary bank account will live.
Consequences (general — to be specified once decision is made)¶
- All filings will use the chosen state's forms and statute references.
- Bylaws will reference the chosen statute.
- Foreign-qualifying in additional states will be required if/when staff or significant operations are based elsewhere.