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Nonprofit Issues Store

Nonprofit Issues Store

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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Wednesday, June 17, 2020 - 1:30pm to 3:00pm EDT

The global coronavirus pandemic has caused many nonprofits to shutter programs, send staff home, lay off personnel, and redeploy resources in the face of the Covid-19 threat.  No organization was immune from having to make quick decisions, some affecting their very survival.

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This program will be conducted live on June 17th. Can't attend the live event? Purchase the recorded program and receive a discount.

Regular Price: $59.00
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Subscriber Discount: $8.85

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Understanding the contents of policies - their opportunities and risks - can make your organization more effective.

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Now through May 31st - Buy this webinar for $44.50. (Regularly $89.00, 50% off)

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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Not a Nonprofit Issues subscriber? Want access to our MOST popular Ready Reference Page? Buy this article for $5.95.

The right to appoint and remove directors and veto any amendments to governing documents is critical to control of the organization.

Price: $5.95

Not a Nonprofit Issues subscriber? Want access to one of our most popular Ready Reference Pages? Buy this article for $3.95.

Bylaws of a nonprofit Corporation should not simply be taken “off the shelf” and adopted by the organization.

Price: $3.95

Not a Nonprofit Issues subscriber? Want access to both of our most popular Ready Reference Pages? Buy both articles for $8.90.

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

Price: $8.90

Not a Nonprofit Issues subscriber? Want access to one of our most popular Ready Reference Pages? Buy this article for $3.95.

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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There are many ways to advocate for public policy goals without going beyond the limitations of the Tax Code

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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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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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Donors may deduct only the amount of the payment in excess of the value of the goods or services received

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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
 

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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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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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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 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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Have you been wondering if you’re doing enough about the risks facing your nonprofit? Are conversations about risk starting to crop up on board meeting agendas? This webinar will introduce and explore risk management.

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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.

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Join us for an interactive discussion of ethical issues for nonprofit lawyers, directors and executives.  Are the “rules” for dealing with ethical issues different for lawyers than for non-lawyer directors or executives?  

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With pressure mounting on nonprofits to consider affiliations with other organizations, this webinar is designed to help you better navigate the world of mergers, acquisitions and affiliations. 

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Editor Don Kramer will review the 2019 developments in nonprofit law. 

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Charities raising funds through special events or other activities that involve sponsorships, auctions, lotteries, or thank-you gifts must deal with a variety of technical legal requirements in advertising, calculating, and acknowledging the money. This webinar reviews those rules so that charities can comply with the interlocking requirements.

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Nonprofit organizations will be subject to a series of significant new accounting standards that will begin to affect their financial statements beginning with fiscal years ending December 31, 2018.  

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Planned giving sounds complicated, with its CRUTs and CRATs, CLUTs and CLATS, CGAs, PIFs and other vehicles. It can be incredibly complicated, but it needn't be. Keeping it simple may be the best way to start a planned giving program for a charity that hasn't already put one in place.

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Financially squeezed nonprofits often seek to generate new revenue through new business ventures. But such efforts can carry serious legal, as well as economic, risks. 

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