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96ELC-13

TO    Susan J. Kyte
         Attorney for the Ohio Nurses Association

You have requested an advisory opinion on the following question.

May an association form a trusteeship to operate as a collecting agent under certain circumstances so as to comply with the requirements in Ohio Administrative Code 111-5-19, which amplifies Ohio Revised Code 3599.031 to create and utilize an "entity separate from the association"?

SYLLABUS    Section 3599.031 of the Ohio Revised Code, and as amplified in Section 111-5-19 of the Ohio Administrative Code, permit an association to form a trusteeship to operate as a collecting agent solely for the purpose of receiving and disbursing combined payments from members toe the general operating fund and political action committee of the association, so long as the trusteeship is separate and autonomous from that association and no director or officer of the association serves as a trustee or otherwise directs or controls the trusteeship.