Nonprofit Issues

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You can discuss your personal nonprofit legal questions directly with editor Don Kramer. We can schedule a phone call at a mutually agreeable time, usually within two business days of your request.

Question of the Week

January 31-February 7, 2023

Can Lifetime Member contest improper election of nonprofit board?

I have been a very active and loyal member of a local chamber and have been named an Honorary Lifetime Member. I have always wanted to be on the board and told the president last year that I would like to be nominated. She told me I had to have served on a committee and be a paying member. I did that. When the election was announced, the board choose their friends and did not follow the by-laws, which require 30 days’ notice of nominations and give a member a right to run by getting 10% of the members to sign a petition. When I confronted the board chair, he said they were looking for... read more

Ready Reference

NEW

January 10, 2023

What’s the deal with Damar Hamlin’s charity?

The explosive growth of Damar Hamlin’s charity following the Buffalo Bills safety’s cardiac...Read more

Conflict of Interest Policies Help Avoid Problems

Bylaws Function as “Constitution” Of Nonprofit Corporations

Preparing Minutes of Board Meetings Is Usually More Art Than Science

Employment Law

NEW

November 15, 2022

Court limits FLSA class action certification

A federal District Court in New York has granted a conditional class certification for Fair...Read more

Ecclesiastical abstention applies to defamation case

When the finance officer of the Catholic...

Court says “not so fast” on claim of ministerial exemption

Although the U.S. Supreme Court has expanded...

Nonprofit defeats retaliation claim on summary judgment

A assistant to the chief financial officer of...

Ask Don Kramer your nonprofit legal questions

Ever have a quick nonprofit question that you think should be discussed with a lawyer? Not ready to hire counsel? Consider an Ask Don Kramer call.

You won't get legal advice. The discussion isn't confidential and does not create an Attorney-Client relationship.

You will get Don's general reactions based on more than 45 years of experience with nonprofits.

You can schedule a call with Don and new subscribers can start a FREE 60-day subscription to Nonprofit Issues for the low price of $69.
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February Webinar Sale - 50% Off

State Charitable Solicitation Statutes:
Everything You Wanted to Know But Were Afraid to Ask

Does your charity have a “Donate Now” button on its website? Does that mean that you have to register solicit charitable contributions in all 39 states and the District of Columbia that have charitable solicitation registration requirements?

What are the regulators saying about that now? What does it mean to “solicit”? What is a “charitable contribution”? How much trouble can you get in if you don’t follow the rules?

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Offer expires February 28th. New subscribers can also start a FREE three-month trial subscription (an additional $17.95 value).

Lead Stories

NEW

January 16, 2023

Appropriations Act Expands IRA Distributions, Curbs Conservation Easements, And Prohibits Definition for 501(c)(4) Groups

The Consolidated Appropriations Act of 2023 passed at the end of the last session of Congress... Read more

Estate Planner Did Not Breach Duty By Failing to Disclose Basis of Fees

A charitable estate planning firm did not...

NY Attorney General Sanctions CEO of DAF Sponsor for Breach of Fiduciary Duty

The Attorney General of New York has...

DAF Assets Top $234 Billion While Controversy Continues

Total assets held by donor advised funds...

Lessons from Litigation

NEW

January 31, 2023

Don’t count on bank to prevent loss on embezzlement

A nonprofit cooperative that operates the world’s largest fully-refrigerated wholesale produce...Read more

Anti-SLAPP statute "has failed miserably”

The California anti-SLAPP statute “has failed...

Where is the nerve center of virtual nonprofit?

When the Free Speech Foundation, doing...

Nonprofit’s case dismissed for lack of attorney

How many chances should a court give a...

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Tax Matters

NEW

January 20, 2023

IRS confirms that cryptocurrency gifts to cha...

The IRS has issued a Memorandum from the Office of Chief Counsel that makes it more difficult...Read more

Art collector denied deduction without substantiation

A life-long collector and dealer of African...

Farmers denied deduction for transfer of crops to CRAT

A husband and wife pair of farmers has been...

School District may not challenge exemption in trial court

A school district that argued only that...

March 2023 Webinar

Form 990: Public Relations Opportunity or Trap for the Unwary
March 8, 2023
1:30-3:00 PM ET

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February Webinar

Nonprofit Mergers, Acquisitions and Dissolutions
Thursday, February 16
1:30-3:00 PM ET

As nonprofits emerge from the Covid era, many are wondering what path forward provides the best possibility of continuing and improving their ability to fulfill their mission. They have struggled with their finances. They have lost staff. The external world has changed. For many executives and their boards, burnout is real. Any yet, the need for their work continues, and is often growing.

Learn more and register

Nonprofit Bylaw Review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

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SAY THAT AGAIN?

January 30, 2023
A recent article in the New York Times on a growing need to deal with childhood obesity said that obesity is defined as having a body-mass index reading at or above the 95th percentile compared to others of the same sex and age. The next paragraph said that many experts “took comfort” in the fact that just 5% of children were obese and it did not seem like a pressing problem.

It would be even less pressing if they defined obesity at the 97th percentile.

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
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