Article 1 (Name)
The name of the corporation shall be "Real Time Linux Foundation, Inc."
Article 2 (Purpose)
The corporation is organized for the purpose of advancing non-commercial scientific research on real time Linux programming and applications; promoting the fast development of open source real time Linux; promoting cooperation among developers, users, industry and academia; educating developers, users, industry, academia and the public about real time Linux; and any and all lawful non-profit affairs for which corporations may be incorporated.
Article 3 (Registered Office)
The street address of the registered office and the registered agent at such address is:
Boise, ID 83703.
Article 4 (Board of Directors)
The board of directors shall consist of no fewer than three (3) people. The names and addresses of the initial directors are:
Philip N. Daly,
5324 N. Via La Doncella,
Tucson, AZ 85750-7076;
80636 München, Germany;
1, Place Pasteur,
25000 Besançon, France.
Article 5 (Incorporators)
The name and address of the incorporator is:
Boise, ID 83703.
Article 6 (Mailing Address)
The mailing address of the corporation shall be:
Real Time Linux Foundation, Inc.,
1810 W. State Street,
PMB # 219,
Boise, ID 83702.
Article 7 (Members)
The corporation does not have voting members.
Article 8 (Dissolutions)
Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all its assets exclusively for the purposes of the corporation in such a manner, or to such organizations organized and operated exclusively for charitable, educational, religious or scientific purpose as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Laws) as the Board shall determine. Any such assets not disposed of shall be disposed of by the Superior Court of the county in which the principle office of the corporation is then located, exclusively for such purpose or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purpose.
Article 9 (Non-Profit and Tax Provisions)
No part of the net earning of the corporation shall inure to the benefit of, or be distributable to its members, directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 2.
No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements,) any political campaign on behalf of any candidate for public office.
Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).
Article 9 (Treasurer)
The corporation shall have no fewer than one (1) treasurer. The name and address of the initial treasurer is:
Boise, ID 83703.
Article 10 (Conflict of Interest)
Persons holding any office (paid or unpaid) with, or having a financial interest in the success of, any for-profit company or business that has a specific interest in developing real time Linux kernels are ineligible for the position of Director. In such case, a simple majority vote amongst the remaining Directors can either restrict that Directors participation and voting on the specific matter involved, remove the Director from office, or both. A Director shall immediately inform other members of the Board of any such conflict arising during his or her tenure.
[signed] Thomas McGuire (Incorporator)
[Registered with the Secretary of State of the State of Idaho January 12, 2001]