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.
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Tuesday, February 16, 2021 - 1:30pm to 3:00pm EST
This webinar will address the art and science of drafting nonprofit bylaws that work. Well-written and formulated bylaws help shape power relationships within a nonprofit organization, provide unambiguous procedures to prevent disputes, and reduce the risks of litigation. Bylaws should provide answers, not raise questions. Come with questions and leave with clarity and confidence in being able to recognize a workable document.
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This program will be recorded on February 16, 2021
This presentation addresses the art and science of drafting bylaws. Well-written and formulated bylaws help shape power relationships within a nonprofit organization; provide unambiguous procedures to prevent disputes; and reduce the risks of litigation. Bylaws should provide answers, not raise questions.
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The year 2020 has been a year like no other for nonprofits. With a combination of COVID-19, an economic recession, and a shift in emphasis on racial justice, many nonprofits have struggled. Many have had to consider changes in their basic structure — mergers, acquisitions, new strategic alliances, hibernation, and, in many cases, dissolution.
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The right to appoint and remove directors and veto any amendments to governing documents is critical to control of the organization.
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Bylaws of a nonprofit Corporation should not simply be taken “off the shelf” and adopted by the organization.
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This 24 page pdf contains our two Bylaws Ready Reference Pages: Bylaws Function as “Constitution” Of Nonprofit Corporations and Sole Member Bylaws Can Protect Founder of Nonprofit
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Although the climate for enforcement has been altered, charities are still prohibited from supporting or opposing candidates.
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There are many ways to advocate for public policy goals without going beyond the limitations of the Tax Code
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This 7 page pdf contains our two Ready Reference Pages on lobbying & electioneering: Lobbying Rules Create Opportunity for Charities and IRS Guidance Has Not Changed on Electioneering.
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Arbitrary end of service assures that organizations lose some of their best talent
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Act expands prudent investment standards, changes authority to spend portions of endowment
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Income generating activity is "unrelated" if it does not "contribute substantially" to the exempt purpose
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Private foundations may make grants to groups which are not public charities if they exercise "expenditure responsibility" in approving, monitoring grants
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Intermediate Sanctions statute imposes tax on "disqualified persons" who receive more from a transaction with a nonprofit than they give in return.
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Disqualified persons and foundation managers can be personally liable for excise taxes for certain transactions even where it is clear that the foundation has suffered no loss
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Since boards fear taking on known and unknown liabilities, most “mergers” are really changes in control rather than statutory mergers
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Pension Protection Act imposed new limitations but absolute control of foundations has costs and other limits
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Members are protected from individual liability for obligations of the association
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State laws and IRS require certain provisions; including additional terms is primarily a matter of style
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Section 509(a) sets the rules for qualification as public charities; the rules are significantly different for 509(a)(1) and 509(a)(2)
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Donors may deduct only the amount of the payment in excess of the value of the goods or services received
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A simple one-page document can formalize the relationship, help reduce potential for liability, and give a graceful way to decline help from problem people.
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Nonprofits come in many different shapes and sizes; they will be more effective if their governing instruments reflect the constituencies which must be represented to make them work
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Act reduces standard of liability to gross negligence, flagrant indifference
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Terminology obscures distinctions that are critical to understanding the rules that apply to organizations
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Payments will be considered charitable contributions where there is no arrangement that the sponsor will receive ‘any substantial return benefit in exchange for the payment’
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The Pension Protection Act of 2006 imposed significant new limitations on activities
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Donors must obtain acknowledgment from charity for gifts worth $250 or more, must file Form 8283 for gifts of property over $500, with appraisal over $5,000
Editor Don Kramer will review the 2020 developments in nonprofit law.
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Fiscal sponsorship is a time-honored method to spawn new charitable activity when the people with the vision and the energy to do the work do not have recognition of federal tax-exempt status.
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Auctions. Sponsorships. Lotteries. Reporting. Charities utilizing events to raise funds for their program have struggled for years to stay compliant with the law.
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Charities that seek contributions nationally must typically register in 39 states and the District of Columbia before starting to solicit. Furthermore, for-profit fundraisers are also required to register and file their contracts and other documentation with many states. Since many states are increasing their enforcement efforts to ensure that charities and fundraisers are complying with initial and annual registration requirements, it's important that charities and fundraisers abide by these statutes.
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Understanding the contents of policies - their opportunities and risks - can make your organization more effective.
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As the nation attempts to get back closer to "normal," nonprofit leaders are asking new questions about resumption and resilience.
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Clear gift acceptance policies and agreements take on new meanings in the age of COVID.
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Because most charity Form 990 tax information returns are instantly available on the Internet, they can be an organization's most important public relations document.
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We all know what a charitable gift is — or at least we think we do. But the rules on giving and deducting are actually pretty complicated.
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This webinar will discuss those issues with particular emphasis on the limitations on lobbying and electioneering by charities. It will also offer practical advice on setting up relationships with legislators so that your voice can be heard when an issue is pending that can affect your work.
This webinar will provide a high-level view of some of the major potential pitfalls for nonprofit organizations that can undercut your entire program. You don’t want to deal with a governmental investigation or private litigation if you can avoid it. And you want to be sure that you resolve the issues quickly and favorably if you can’t. You don’t want to be diverted from pursuing your mission.
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