Lead Stories

State May Require Disclosure Of Role of For-Profit Resellers

Reversing trial court, appeals court says notice tells donors that professional solicitors will sell goods

The Fifth Circuit Court of Appeals has partially reversed a trial court and has held that Texas may require professional solicitors of clothing and other household goods to tell donors that they will be involved in selling the goods and giving proceeds to charity.

Nonprofit Law YOU Want to Know

We regularly feature answers to questions from readers in our “To the Point” column. The full list can be viewed on the site.

With less than $5000 in receipts, are we exempt?

We are a nonprofit 501(c)(3) corporation with gross receipts of less than $5000 a year.  We are not tax-exempt but do have a tax ID.  If a sponsor wants to purchase uniforms for the team, does he receive a tax deduction? There is some confusion. Some state that with less than $5000 in revenue you are exempt.  —From the Website.

Employee’s Stipulation for Dismissal Precludes Claim for Indemnification

Woman’s assault claim against nonprofit and employee was dismissed, along with all claims, “direct or indirect”

An employee who signed a stipulation dismissing a claim of sexual assault brought against him and his nonprofit employer cannot require indemnification of his attorneys fees and costs when the stipulation covered all claims, “including all direct and indirect claims, made or to be made” in connection with the litigation, the Court of Appeals of Minnesota has ruled. (Mortimore v. R.S. Eden, No. A10-1877, 8/1/11.)

Members of Sorority May Sue Directors for Breach of Duty

Court affirms dismissal of claim against foundation for lack of jurisdiction

Members of the Alpha Kappa Alpha Sorority, a District of Columbia nonprofit corporation with its principal place of business in Illinois, may sue individual members of the sorority’s “directorate” for breach of fiduciary duty in a District of Columbia court, the D.C. Court of Appeals has ruled.  But the court has no jurisdiction over the Sorority’s separate foundation, an Illinois nonprofit that had not done business in the District.  (Daley v. Alpha Kappa Alpha Sorority, No. 10-CV-220, 8/18/11.)

Creditors May Sue Directors For Breach of Duty Before Bankruptcy

Court reverses trial court, allows case to proceed on claims of lack of good faith, fraud in deepening insolvency

The Third Circuit Court of Appeals has reversed a trial court and allowed a committee of unsecured creditors to sue the directors of a nonprofit nursing home personally for breach of fiduciary duty in administering the home during insolvency prior to bankruptcy.  The federal District Court in Pittsburgh had ruled that the directors were protected by the business judgment rule and granted summary judgment against the creditors.  (See Nonprofit Issues®, 12/1/10.) The Court of Appeals has held that