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COL Vince Cammarata, USA (Ret) VCOC Legal Counsel

A question that regularly comes up is; “What structure is the Virginia Council of Chapters, Military Officers Association of America” (VCOC) and is it the same as the Military Officers Association of America with headquarters in Alexandria, Virginia? Short answer is yes and no! What?

Lets start at the beginning:

The Virginia Council of Chapters, The Retired Officers Association, Inc. was initially formed on April 3rd, 1987. According to Virginia State Corporation Commission records, on March 1st, 2003 the Commission approved a requested name change, and issued a formal Articles of Amendment on March 27th, 2003 with the new official name: Virginia Council of Chapters, Military Officers Association of America.

The Virginia Council of Chapters, Military Officers Association of America is an independent, nonstock corporation, licensed to do business in the Commonwealth of Virginia that must have its license renewed annually, and submit an Annual Report of its directors to the Virginia State Corporation Commission. The Virginia Council of Chapters, Military Officers Association of America is governed by its own set of approved By-Laws (voted and approved by the Chapter membership). These By-Laws are very similar to a company's Operating Agreement to shed some perspective. When issues come up from time to time, that are not be specifically spelled out and covered in the Chapter By-Laws, that matter/issue shall be governed under the Virginia Code of Virginia statues; Section 13-1 and its sub-sections. In fact, all Military Officers Association of America Chapters throughout the United States are independent, licensed organizations, each with their own set of operating By-Laws, rules and regulations.

Virginia Council of Chapters, Military Officers Association as a Chapter Organization. 

A chapter-based organization is any organization that has branches in multiple areas and shares the same mission. This can include a variety of organizations, from sororities to professional associations to nonprofits, and they can be national, state-wide or regional. 

Multichapter nonprofit organizations operate similarly to franchised businesses — which, if you’ve ever been to Dairy Queen or Denny’s, you’ve experienced firsthand. Just like a for-profit business, the parent organization will copyright its name and create a licensing agreement with the chapter, who will then work to carry out its mission, find new members, and other day-to-day operations.

For the most part, chapter organizations are established under the umbrella of the parent organization. They will have their own board, and operate independently, while remaining their own entity. However, depending on the organization, the parent organization will want to have more or less say in the way these Chapter activities are handled. 

Remember, since the parent organization takes on considerable legal liability
for the affiliating Chapters, it's understandable that they would insist on adherence to their standards, mission and overall agendas.

I hope you found this short article informational, and if you have any questions, please contact me directly.

Contact COL Vince Cammarata, USA (Ret) at Silver Star Associates and Overwatch Legal for legal assistance (1-804-338-8975):

• Wills
• Advance Directives
• Notary
• Contracts
• Transactional Law