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March 16-31, 2006

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March 16-31, 2006

March 16-31, 2006

Charity Exec Breaches Fiduciary Duty By Failing to Oversee Professional Solicitors
Court affirms fines for exec and charity for violating solicitation law, and appointment of receiver to collect contributions

Failure to Report Incident on Application Voids Claims-Made Liability Insurance
Carrier returns premiums and denies coverage where policy is deemed void ab initio

Uninsured Patients Lose in Federal Court, Insured Patients Can Proceed in State Court
11th Circuit affirms earlier dismissal, Louisiana Court permits class certification

Nonprofit Law You Want to Know
We receive many questions from our readers. This issue we answer questions on the following topics;

An EIN for our auxiliary?
Reporting bylaw changes
Protecting membership lists
Starting a nonprofit
Funding Charities Abroad
Deductibility of Transaction Fees
Copies of Bylaws for Members

Issues Notes

  • Association Members Get Discounts
  • Kramer to speak on “Climate for Philanthropy”
  • Thursday with the Editor, April 13

To the Point

I have started a nonprofit organization and would like to file an IRS 501(c)(3) application. I need to have this status within the shortest possible time. Please let me know how long it might take.

Lessons from Litigation

  • Attorney may be liable for defective CRT
  • Statements made only to members of nonprofit are not “published” for defamation suit
  • University insurance does not cover member of campus social club

Tax Matters

  • Tax Board can’t revoke exemption without change in facts or law

Employment Law

  • Concern that employee might “speak God” to clients may show discrimination in failure to hire
  • When do prevailing wage requirements apply to nonprofit projects?

Say That Again

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