Current Edition
May 16-31, 2007
Last Issue:
May 1-15, 2007

Partner In Virtual Merger Is Not Liable
For Other’s Obligations When Deal Is Undone

Nonprofits signed intent to merge, elected identical boards,
but failed to file final papers when financial projections were not met

Full Article (free)

Litigation Over Board Control
Does Not Preclude Suit by Exec
Claims for defamation and wrongful termination
were not required in earlier litigation, Court says

Free Preview | Full Article

Transfer of Property To Charity
Does Not Trigger Right of First Refusal
Court says conveyance was a gift, not sale,
even though conveyance was subject to mortgage

Free Preview | Full Article

Nonprofit Law YOU Need to Know
What court cases or IRS rulings, if any, define restricted funds?
Can officers on a Board abstain from voting?

Full Article

Issues Notes

  • Emerson, Former NASCO Official, Joins Montgomery, McCracken
  • Thursday with the Editor, August 9

To the Point

Does the treasurer for a nonprofit have to be a board member?"  A woman wants to donate her time to do a charity's books but doesn't want the responsibility of being the Treasurer.  At what point does she cross a line and become some kind of de facto treasurer?
Answer

Lessons from Litigation  Full Article

  • Spiritual authority alone does not create fiduciary duty
  • Attorneys avoid conflict claim of former client
  • May church members view financial records?

Tax Matters Full Article

  • Change in public access requirement does not prevent exemption
  • Sales tax exemption of Bibles unconstitutional

Employment Law Full Article

  • State law compliance does not preclude NLRB action
  • Employee with HIV fired for failure to report

Say That Again


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