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Separate Legal Entity


Articles of incorporation are evidence of an organization's status as a separate legal entity. If articles of incorporation are not readily available, an organization can demonstrate its status as a separate legal entity by submitting audited financial statements or a report by a certified public accountant that identifies the organization as a separate legal entity.

Bylaws may or may not help to identify an organization as a separate legal entity. To the extent that the status of an organization as a separate legal entity can be demonstrated by articles of incorporation or audited financial statements or other such evidence, bylaws need NOT be submitted as part of an MDCP eligibility determination request. Bylaws can be useful to identify the type of activity that an organization engages in. However, if this has already been established with other sources, you need not submit bylaws in order to support your request to be found eligible to apply for MDCP funding.

Educational institutions are not eligible. However, industry-promotion organizations that are part of an educational institution for administrative, financial, legal, or logistical reasons may be eligible. Such organizations that are not independent legal entities -- for example, an unincorporated center for international trade development -- that otherwise may be classified MDCP-eligible as a trade association, non-profit industry organization, or state department of trade, are eligible. For more information about organizations that depend on or are technically part of an educational institution see the educational institutions page.





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