What is Nonprofit Issues?
A one-stop place to answer your questions of nonprofit law and governance and help you avoid costly legal errors

  • Practical tips to reduce the risk of litigation from Editor Don Kramer, a Philadelphia lawyer with more than 35 years of experience representing nonprofits.
  • Regular e-letters to keep you up-to-date with the latest developments.
  • Searchable archive to answer your questions 24/7,including more than 100 easy-to-read Ready Reference Pages that tell you what you need to know about nonprofit law.Have a question? Ask Don.
  • Discounts on asking Don Kramer your own questions during Talk with the Editor telephone calls and our webinar presentations.

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Nonprofit Leadership and the Law
This comprehensive handbook is an important resource for board members and nonprofit administrators and their professional counselors.

Question of the Week
October 21-28, 2014
Will founder lose control if he forms a 501(c)(3)?

The founder of a company is hard-pressed to determine what type of company he actually wants to have.  He does not want to claim charitable nonprofit status and file the appropriate 501(c)(3) paperwork because he fears that when voting in board members he will be voted "out" and the company will be taken away from him.  If he does not do the 501(c)(3), will it be considered a for-profit company and have to pay taxes?  The company has been formed to raise funds for a particular disabling disease.

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CLE & CPE Credit Available

Avoiding the Adverse Consequences of UBIT: Planning, Revising and Restructuring

Wednesday, November 19
1:30-3:00 PM ET

Financially squeezed nonprofits often seek to generate new revenue through new business ventures. But such efforts can carry serious legal, as well as economic, risks. This webinar will explore the unrelated business income tax (“UBIT”), how to define it, how to avoid it, and how to deal with the consequences of having “too much” of it.

General Registration

Registration for those seeking CLE and CPE credit

24th Annual This Year in Nonprofit Law

Tuesday, November 18 - Philadelphia, PA

General Registration & Program Information

Registration & Info for PA Lawyers Seeking CLE Credit

Sponsored by Nonprofit Issues and


Current Issue


Lead Story Archives

Trustee for Charity Must Invest

Income-Only Fund for Growth
Failure to diversify investments beyond bonds
constitutes breach of fiduciary duty
Read This Story Now

Resident Director Is Validly Elected
After Community Ceases to be a CCRC
Although legal requirement no longer applies,
nonprofit properly followed its articles and bylaws

Delaware AG Is Not Indispensable Party
In Suit Over Florida Trust for Delaware Residents
Florida court refuses to reopen litigation to allow
Delaware Attorney General to intervene 10 years after judgment

Lessons from Litigation

Donors may recover gifts when new church isn’t built

Claim against directors for improper use of name fails

Full Article

Employment Law

Female vet may proceed with equal pay claim

Court dismisses Title VII, whistleblower claims against “board members”

Catholic Health plan not a “church plan” exempt from ERISA
Full Article

Behind the Numbers

Medical residents may sue hospital over failure to seek FICA tax refunds

Code Violations do not prevent real estate exemption

Photography Center not qualified for charitable exemption

Full Article

Issue Notes

CLE, CPE Credit Now Available

Ask the Editor, October 23

Say That Again

Ready Reference

Ready Reference Page
No. 130
Form 990 Reporting for Special Events
Can Be Tricky – And Is Often Wrong
Many returns fail to separate contributions and other amounts because nonprofits fail to keep adequate records
Free Preview | Full Text

Ready Reference pages are summaries of major issues in nonprofit law and governance including:

To the Point

Don Kramer answers readers questions.
Ask Don

The bylaws of our nonprofit corporation make no mention of any position called executive director.  The person who is calling themselves the ED is an independent contractor.  Does this person have any legal authority to sign documents on behalf of the Corporation? Answer

Risk and Reward

Tips on reducing risks of litigation and liability by Melanie Herman, Executive Director of the Nonprofit Risk Mangement Center, Washington, D.C.

Dangerous Risk Management Myths and Untruths

Behind the Numbers

Clear explanations of financial and accounting issues for nonprofits.

Behind the Numbers
Development and accounting information disagrees?
Here is the solution!

By Eric Fraint


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None of the information on the Nonprofit Issues Website should be deemed legal advice or
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Materials prepared by Nonprofit Issues contained in these pages is copyrighted by Nonprofit Issues, Inc., 2009-2012.

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