Who can disband an organization?

Answer 1

This is quite a broad question!

On the most basic level, he who created an organization can disband said organization.

Of course, if the organization is registered as an LLC or other partnership, all persons under which it is registered would be involved. If, however, one of the partners can not be reached, courts will often allow a dissolution of contract based upon non-response.

If shareholders are monetarily involved in an organization, they are generally offered a chance to buy the organization, or undergo a process to attain any funds they had staked in the organization. In the case of an organization that has members, but not shareholders, these members generally underwent contract that is referred to as "contingency membership" - the right of association with the organization unless one's membership contract was breached or the organization at large was disbanded. In these cases, members usually retain financial rights to any unused accounts, but any membership contracts are easily dissolved. In very rare cases, members can sue for rights to retain use of an organization name after disbandment of the organization, but this is sometimes a long and costly process, and all use of the organization's services, etc., must remain on hold until settled in courts.

Organizations can also sometimes be dissolved by a majority of the membership of the organization, based upon what sort of organization is involved. However, if the creator of the organization is not among this majority, they often retain the rights to the name and other structures of the organization, and have the rights to reform said organization.

Note that the disbanding of an organization, even with multiple contractual partners, is strengthened if one partner can attest to wrongdoing. This includes unlawful wrongdoing, such as money-laundering or any other act that is illegal according to State or Federal Law, as well as defamations of character or other personal injuries that might have publicly resulted from a linked perception with the organization. This often involves organizations of a political nature, and a party will undergo legal action to ensure full disassociation of name with the organization.

Usually an organization can clearly be attributed to one creator. If there is no clear attribution, claims can be made according to several acts performed during the operation of the organization, including legal authorizations (contracts, accounts), intellectual property rights (who created the property, proceedings, etc associated with the organization), or additional service copyrights that may strengthen the intellectual property rights case (websites, publishings).

If an organization is part of a larger umbrella organization, it can generally still be disbanded under these various circumstances, but the umbrella organization generally retains rights regarding the future operation of the organization. This is commonly seen on American campuses, when a larger organization disbands fraternities for issues involving membership, illegal activity, or hazing.