2017 Calendar of Events

 

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May we have two separate sets of bylaws for members?

We have a nonprofit with 200 "shareholders" that is trying to include a statement in the bylaws that no amendment would apply to certain specific people. That would indicate, in the event of any amendment, we would actually have two separate bylaws - - one for certain named individuals and another for the remaining majority. Is it legal to have two separate sets of bylaws?

Answer

Can we stop moms from barbecue fundraising?

Parents on one of the teams in our nonprofit sports league have taken it upon themselves to do fundraising. They barbecue and sell food during the games. We have a snack hut so they are competing with the organization. They say as team moms they are allowed to do any fundraising for the team if they want. Is this true?

Answer

Ask Don your nonprofit questions directly!


Talk with the Editor

Wednesday, February 22nd
1:00 PM Eastern Time


You can ask your personal nonprofit legal questions directly to editor Don Kramer on one of our regular conference telephone calls. 

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Question of the Week

February 14-21, 2017
When a donor gives appreciated publicly-traded stock owned more than 12 months to a 501(c)(3) foundation, the donor reports the donated value as the fair market value at the time of transfer. What is not clear to me is how the receiving organization records the cost basis of the stock. Does the (c)(3) record the FMV on the date of transfer as its cost basis, or does it record and maintain the donor's original cost basis? Answer

Employment Law

NEW
February 6, 2017

A federal District Court in Brooklyn has frozen the assets of an individual defendant in a Fair...Read more

Home for abused, neglected children not under FLSA

A nonprofit that provides residential care...

Volunteer firefighters may be able to sue under Title VII

Two volunteer firefighters who claimed that...

Title VII suit dismissed against college board

The board of directors of a private nonprofit...

The Nonprofit Library-Suggestion of the Week

Effective Foundation Management: 14 Challenges of Philanthropic Leadership--And How to Outfox Them
By Joel J. Orosz

There is no science to the management of charitable foundations, and even the art of managing them is poorly understood. The foundation field is relatively young, university centers for the study of philanthropy arrived only recently, and foundation leaders typically had little experience in the foundation field before taking their posts. Consequently, both seasoned and aspiring CEOs fall into traps that make them less effective leaders.

 

Lead Stories

NEW
February 14, 2017

Two children of the founders of a family private foundation don’t seem to see eye-to-eye on the...

Landowner Can’t Enforce Conservation Easement on Neighbor

A divided Supreme Court in Maine has denied...

Bankruptcy Court Can’t Join Catholic Affiliates to Archdiocese Case

A federal District Court in Minnesota has...

Lessons from Litigation

NEW
February 6, 2017

The failure to follow specific provisions in the bylaws of a church has led to more than six...Read more

Does museum have fiduciary duty to owners of loaned exhibits?

A federal District Court in Illinois has...

Bank can’t remove trust claim to federal court

A bank trustee cannot remove the claim by...

Archers’ names for deer control not public

The Pennsylvania Commonwealth Court has held...

Tax Matters

NEW
February 6, 2017

The IRS has listed syndicated conservation easement deals as tax shelter transactions that...Read more

IRS may levy to collect excess benefit taxes

The IRS may proceed to levy to collect more...

Church parking spaces leased to students not exempt

Twenty-four parking spaces in a church...

No FMV deduction for digitized family records

The Minnesota Tax Court has denied a full...

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