Lead Stories

Member of Nonprofit Can’t Sue To Protest Suspension of Membership Rights

Minnesota Court says Nonprofit Corporation Act requires 10% of members to join in claim to make it valid

A member of a nonprofit corporation in Minnesota may not sue individually to complain about the suspension of her membership rights, an appellate court in Minnesota has ruled.  The Court has said that the state’s Nonprofit Corporation Act requires a minimum of 50 members or 10% of the members, whichever is less, to bring a suit seeking equitable remedies.

Women Under-Represented on Boards Of Large Educational and Medical Institutions

New national study reports special barriers at nonprofits, and recommends measures for promoting change

While national attention has been paid to the urgency of getting more women on for-profit boards to improve corporate governance, little notice has been paid to many of the largest nonprofits in the country – namely universities and hospitals – many of whose boards have failed to diversify.

A ground-breaking new national study published by Nonprofit Issues® reveals some of the hurdles women face getting onto the boards of nonprofit educational and healthcare institutions (“eds” and “meds”) as well as the barriers they face to serving effectively on them.

Museum Is “Qualified Beneficiary” of Trust And Has Standing to Sue Trustees for Breach

Maine Court allows Museum to appeal order in which Trustees settled case with Attorney General

An antique car museum in Maine that is a permissible beneficiary of a separate trust created by the museum’s founder to support antique car museums has standing to sue the trustees of the trust and reopen the litigation, even after the trustees have settled the claims with the state Attorney General.  The Supreme Judicial Court of Maine has reversed a trial court decision dismissing the claims.

Is ‘Conversion Foundation’ Liable For Overpayments to Hospital From Medicare?

Louisiana Court says Foundation did not assume obligation and was not a “successor” subject to liability

More than ten years after Ruston Louisiana Hospital Company, LLC purchased substantially all of the assets of Lincoln General Hospital from the Lincoln Health System and began operating the hospital on a for-profit basis, the Center for Medicare & Medicaid Services gave Ruston notice that it was being asked to repay more than $700,000 in overpayments of Medicare made to Lincoln before the sale. 

Attorney General Can’t Cy Pres Assets Of One Volunteer Fire Company to Another

Pa. Court says AG can’t force transfer from an operating charity when it doesn’t prove the assets are held “in trust”

The Commonwealth Court of Pennsylvania has rejected an attempt by the state’s Attorney General to close down a volunteer fire company that had been prohibited from fighting fires in its community and to force the transfer of its assets to a different company continuing to serve the area.  The Court rejected the AG’s claim that all of the assets of the decertified company were held “in trust” and should be transferred under the cy pres provisions of the state’s Trust Code when it became “impracticable” for it to pursue its mission.

Private Foundation Manager Convicted For Failing to Pay Tax on Self-Dealing Income

Tax was imposed on payment of children’s scholarships even though manager had “corrected” some payments

The head of a private family foundation has been convicted of failing to pay federal income tax on the value of scholarships paid by the foundation for tuition for his children.  The charges were among several that caused James L. Wright to be sentenced to 33 months in prison and ordered to make restitution of $146,404.