(1) 
Unless otherwise provided, the provisions of this chapter apply to all funds which are controlled by the Board of Directors and are intended solely for the public benefit of the Tulalip Tribes and the community on or near the Tulalip Indian Reservation, Washington.
(2) 
Nothing in this section may be construed as a waiver of Tribal sovereign immunity or authority over any business activities within the Tribes’ jurisdiction when the exercise of Tribal powers is necessary to safeguard and promote the peace, safety, morals, and general welfare of the Tribes and Reservation as prescribed by law.
(3) 
Funds organized under this code shall be considered arms and instrumentalities of the Tulalip Tribal government.
(Ord. 130 § 1.1, 10-6-2006 (Res. 2006-314))
The fund as organized under this chapter is established for the lawful purpose of receiving gifts and funds and distributing monetary funds or property donated by individuals or corporations for any lawful charitable or public purpose or purposes including, but not limited to, one or more of the following purposes: benevolent; religious; missionary; educational; scientific; research; literary; musical; social; athletic; patriotic; political; civil; professional; commercial; industrial; business; or trade association; mutual or civic improvement; promotion of the arts. This chapter is enacted under the authority of Article VI, Sections 1(F), (K), (L), and (M) of the Constitution and Bylaws of the Tulalip Tribes and pursuant to 26 U.S.C. 7871 (2006), which allows Federally recognized Indian Tribal governments, including the Tulalip Tribes Board of Directors, as stated in the United States Internal Revenue Service Rev. Proc. 83-87, 1983-2 C.B. 606, to be treated as states for certain tax purposes. Such tax purposes are those regulated by 26 U.S.C. 170 (2006) allowing government entities to accept and distribute charitable donations for public purposes that will be an income tax deductible contribution to the donor. Any funds organized or chartered under this chapter shall be considered an arm or instrumentality of the Tulalip Tribes and the fund and its officers and employees shall possess the immunity from suit possessed by the Tulalip Tribes and its officers and employees and shall have the power to waive that immunity as set out herein.
(Ord. 130 § 1.2, 10-6-2006 (Res. 2006-314))
In this chapter:
(1) 
“Board of Directors”
means the official constitutional government of the Tulalip Tribes.
(2) 
“Bylaws”
means the code or codes of rules adopted for the regulation or management of the affairs of a fund irrespective of the names or names by which such rules are designated.
(3) 
“Charitable Fund Committee”
means a group of individuals appointed by the Board of Directors or elected by those persons appointed by the Board of Directors for purposes of managing the Tulalip Tribes charitable funds.
(4) 
“Charter”
means the original charter and all amendments thereto and, in the case of a fund created by a special ordinance or resolutions of the Charitable Fund Committee, means such special ordinance or resolution and any amendments thereto.
(5) 
“The Court”
means, except where otherwise specified, the Tulalip Tribal Court.
(6) 
“Member”
means a member of a group elected or otherwise authorized to govern the affairs of the fund, and includes trustees, governors, regents, and other terms of like import.
(7) 
“Fund”
means a nonprofit fund formed under the sovereign powers of the Tribes.
(8) 
“Member”
means (without regard to what a person is called in the charter or bylaws) any person who has been either elected by the Board of Directors or by the Charitable Fund’s Committee as a member of that fund’s Committee.
(9) 
“Charitable fund” or “public benefit fund”
means:
(a) 
Any official Tulalip Tribes fund which is organized and operated exclusively for one or more of the following purposes: religious, charitable, scientific, testing for public safety, literary, educational, or prevention of cruelty to children or animals; or
(b) 
Any fund organized primarily for a public purpose and which is designated in its charter as an official Tulalip Tribes public benefit fund.
(10) 
“Treasurer”
means the Tribal Treasurer or the agent or agents designated by her or him to perform any function vested in the Treasurer by this chapter.
(11) 
“Tribal Secretary”
means the Secretary of the Board of Directors or the agent or agents designated by her or him to perform any function vested in the Treasurer by this chapter.
(Ord. 130 § 1.3, 10-6-2006 (Res. 2006-314))
Every fund established under the sovereign powers of the Tribes has the purpose of accepting and distributing gifts of monies or property to the Tulalip Tribes for the public benefit of the Tribes.
Unless its charter provides otherwise, every fund has perpetual duration and succession and has the same powers as an individual to do all things necessary or convenient to carry out its affairs, including without limitation power:
(1) 
To make and amend bylaws, not inconsistent with its charter or with the laws of the Tribes, for managing and regulating the affairs of the fund;
(2) 
To purchase, receive, lease, or acquire, whether by gift, devise, bequest or otherwise, and to own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located;
(3) 
To purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any other entity;
(4) 
To make contracts and guarantees, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises or income;
(5) 
To lend money for its purposes, invest and reinvest into funds, and take and hold real and personal property as security for the payment of funds so loaned or invested;
(6) 
To elect or appoint members, officers, employees, and agents of the fund, define their duties, and fix their compensation;
(7) 
Unless otherwise provided in the charter, to make donations for the public welfare or for religious, charitable, scientific research, or educational purposes, or for other purposes for which the fund is organized;
(8) 
To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the fund.
(Ord. 130 § 1.4, 10-6-2006 (Res. 2006-314))
(1) 
A fund:
(a) 
Shall not have or issue shares of stock;
(b) 
Shall not pay dividends or make any disbursement of income to its members or officers;
(c) 
Shall not loan money or credit to its officers or members;
(d) 
May pay compensation only up to a reasonable amount to its members, officers or agents for services rendered; and
(e) 
May confer benefits upon its members only in conformity with its purposes.
(2) 
A public benefit fund shall, upon dissolution, have its assets distributed for one or more purposes listed in the definition of “public benefit fund” contained in TTC § 15.10.030.
(Ord. 130 § 1.5, 10-6-2006 (Res. 2006-314))
No act of a fund and no conveyance or transfer of real or personal property to or by a fund shall be invalid by reason of the fact that the fund was without capacity or power to do such act or to make or receive such conveyance or transfer, but such lack of capacity or power may be asserted:
(1) 
In a proceeding by a member against the fund to enjoin the doing of any act, or the transfer of real or personal property by or to the fund. If the act or transfer sought to be enjoined is being, or is to be, performed pursuant to any contract to which the fund is a party, the Court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of such contract, provide compensation for the loss or damages sustained by them which may result from the action of the Court in setting aside and enjoining the performance of the contract;
(2) 
In a proceeding by the fund, whether acting directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against the incumbent or former officers or trustees of the fund; and
(3) 
In a proceeding by the Tribal Secretary, as provided in this chapter, to dissolve the fund or in a proceeding by the Tribal Secretary to enjoin the fund from the transaction of authorized acts.
(Ord. 130 § 1.6, 10-6-2006 (Res. 2006-314))
The fund name:
(1) 
Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its charter; and
(2) 
Shall not be the same as, or deceptively similar to, the name of any fund organized under this chapter or any other code or resolution of the Tribes to transact business or conduct affairs in the Reservation.
(Ord. 130 § 1.7, 10-6-2006 (Res. 2006-314))
(1) 
The registered agent appointed by a fund as provided in this chapter shall be an agent of such fund upon whom a process, notice, or demand required or permitted by law to be served upon the fund may be served.
(2) 
Whenever a fund shall fail to appoint or maintain a registered agent in this Reservation or whenever its registered agent cannot, with reasonable diligence, be found at the registered office, then the Tribal Secretary shall be an agent of such fund upon whom any such process, notice, or demand shall be made by delivering to and leaving with them, or with any Clerk having charge of their office, duplicate copies of such process, notice or demand. In the event that any such process, notice or demand is served on the Tribal Secretary, he shall immediately cause one of such copies thereof to be forwarded by registered or certified mail, addressed to the fund at its registered office.
(3) 
The Tribal Secretary shall keep a record of all processes, notices, and demands served upon them under this section, and shall keep a record therein of the time of such service and their action with respect thereto.
(4) 
Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a fund in any other manner now or hereafter permitted by law.
(Ord. 130 § 1.9, 10-6-2006 (Res. 2006-314))
Only the Board of Directors may establish a charitable fund for the purposes of this chapter. The Board may do so by passage of a Tulalip Tribes official resolution and signing, certifying, and delivering, in duplicate to the Tribal Treasurer, a charter for such fund.
(Ord. 130 § 1.10, 10-6-2006 (Res. 2006-314))
(1) 
The charter shall set forth:
(a) 
A name for the fund that satisfies the requirements of this chapter;
(b) 
Stating the following:
(i) 
This fund is a public benefit fund.
(c) 
The period of duration, which may be perpetual;
(d) 
The purpose or purposes for which the fund is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity for the public benefit of the Tribes;
(e) 
If this fund will be governed by a Fund Committee;
(f) 
The names and addresses of the individuals who are to serve as the initial members;
(g) 
The street address of the fund’s initial registered office and the name of its initial registered agent at that office;
(h) 
Any provision which the founders elect to set forth in the charter stating the qualifications and rights of members and conferring, limiting, or denying the right to vote;
(i) 
If the members or any of them are not to be elected or appointed by members, a statement of the manner in which such members shall be elected or appointed, or that the manner of such election or appointment of such members shall be provided in the bylaws;
(j) 
Any provisions, not inconsistent with this chapter or any other law or ordinance of the Tulalip Tribes, which the founders elect to set forth in the charter for the regulation of the internal affairs of the fund, including any provision for distribution of assets on dissolution or final liquidation and any provisions which under this chapter are required or permitted to be set forth in the bylaws; and
(k) 
Provisions not inconsistent with law regarding the distribution of assets on dissolution.
(2) 
The charter may set forth:
(a) 
Provisions not inconsistent with law regarding:
(i) 
Managing and regulating the affairs of the fund;
(ii) 
Defining, limiting, and regulating the powers of the fund, its Charitable Fund Committee, and members; and
(iii) 
The characteristics, qualifications, rights, limitations and obligations attaching to each or any class of members.
(b) 
Any provision that under this chapter is required or permitted to be set forth in the bylaws.
(3) 
Each founder and member named in the charter must sign the charter.
(4) 
The charter need not set forth any of the powers enumerated in this chapter.
(Ord. 130 § 1.11, 10-6-2006 (Res. 2006-314))
(1) 
Duplicate originals of the charter shall be delivered to the Tribal Secretary.
(2) 
If the Tribal Secretary finds that the charter conforms to law, they shall:
(a) 
Endorse on each of such duplicate originals the word “filed” and the month, day, and year of filing thereof;
(b) 
File one certificate of charter to which they shall affix the other duplicate original; and
(c) 
Deliver the certificate of charter, together with the duplicate original of the charter affixed thereto, to the Board of Directors for passage at the next Board meeting.
(d) 
If the resolution accepting the charter is passed, the Tribal Secretary shall deliver the certificate of charter along with a copy of the Tribal resolution passing the charter to the Fund Committee Chair or its equivalent.
(Ord. 130 § 1.12, 10-6-2006 (Res. 2006-314))
Upon the passage of the charter, the fund’s existence shall begin, and such certificate of charter shall be conclusive evidence that all conditions precedent required to be performed by the fund have been complied with and that the fund has been established under this chapter, except as against the Tulalip Tribes in a proceeding to cancel or revoke the certificate of charter.
(Ord. 130 § 1.13, 10-6-2006 (Res. 2006-314))
After the issuance of the certificate of charter, an organizational meeting of the Charitable Fund Committee named in the charter shall be held at the call of a majority of the members named in the charter, for the purpose of adopting bylaws, electing officers, and transacting such other business as may come before the meeting. Unless all members waive notice, the members calling the meeting shall give at least three days’ notice thereof by mail to each member, which notice shall state the time and place of meeting. Any action permitted to be taken at the organization meeting of the members may be taken without a meeting, if each member signs an instrument which states the action so taken.
(Ord. 130 § 1.14, 10-6-2006 (Res. 2006-314))
The initial bylaws of a fund shall be adopted by its Charitable Fund Committee. The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the Charitable Fund Committee unless otherwise provided in the charter or the bylaws.
(Ord. 130 § 1.15, 10-6-2006 (Res. 2006-314))
(1) 
Each chartered fund shall prepare an annual report setting forth:
(a) 
The name of the fund;
(b) 
The address of its registered office and the name of its registered agent;
(c) 
A brief statement of the character of the affairs which the fund is actually conducting; and
(d) 
The names and respective addresses, including street and number, if any, of the members and officers of the fund.
(2) 
Such annual report may be made on forms prescribed and furnished by the Tribal Secretary and the information therein contained shall be given as of the date of the execution of the report. It shall be executed by the fund, by its President, a Vice-President, Secretary, or Assistant Secretary, Treasurer, or Assistant Treasurer, or if the fund is in the hands of a receiver or receivers, or trustee, it shall be executed by such receiver, receivers, or trustee.
(Ord. 130 § 1.16, 10-6-2006 (Res. 2006-314))
Such annual report of a fund shall be delivered to the Tribal Secretary. If the Tribal Secretary, between the first day of January and the first day of March of each year, finds that such report conforms to law, he or she shall file the same and furnish a copy to the Board of Directors. If he or she finds that it does not so conform, he or she shall promptly return the same to the fund for any necessary correction.
(Ord. 130 § 1.17, 10-6-2006 (Res. 2006-314))
All certificates issued by the Tribal Secretary in accordance with the provisions of this chapter and all copies of documents filed in his or her office in accordance with the provisions of this chapter, when certified by him or her, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the Tribal Secretary under the seal of his or her office, as to the existence or nonexistence of the facts relating to funds which would not appear from a certified copy of any of the foregoing documents or certificates shall be taken and received in all courts, public offices and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.
(Ord. 130 § 1.18, 10-6-2006 (Res. 2006-314))
The report required by this section shall include an audit of the finances of any fund chartered or organized under this chapter. The audit shall show that all funds received, expended or distributed by the fund shall have been received, expended or distributed in conformity with the requirements of this chapter and the charter of the fund. Failure by any fund to provide such annual audit, or to provide information in the audit that funds were received, expended or distributed in conformity with this chapter or a fund charter shall be cause for suspension of the charter of the fund.
(Ord. 130 § 1.20, 10-6-2006 (Res. 2006-314))