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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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Friday, December 3, 2021 - 12:00pm to 1:00pm EST

Join us for a panel discussion as we discuss ethical issues facing a lawyer on the board of a nonprofit organization.

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Ethic Credit Available for Lawyers
Larry (a.k.a "Larry the lawyer") is a young associate in the trust and estates section of a local law firm.  During his annual review, he mentioned to the managing partner that he would like to get more involved with the local community and help build his practice. The partner suggested that the lawyer could join the board of a local nonprofit and provided a list of local 501(c)(3) public charities.

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Thursday, December 16, 2021 - 1:30pm to 3:00pm EST

Join editor Don Kramer for a review of 2021 in nonprofit law.  Don will discuss the major legal developments of the year.

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Buy the recorded program before December 16th and we'll give you a discount.

Editor Don Kramer will review the 2021 developments in nonprofit law. 

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Now through December 31st, this program is discounted 50%. Buy today for $44.50.

Are you involved with a small nonprofit organization run by volunteers?  If so, you are not alone.

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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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Not a Nonprofit Issues subscriber? Want access to both of our most popular Ready Reference Pages? Buy both articles for $9.95.

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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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.

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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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Board members face potential liability for their own actions in causing injury to others, or in breaching a fiduciary duty to the organization.

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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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Not a Nonprofit Issues subscriber? Want access to both of our lobbying & electioneering Ready Reference Pages? Buy this article for $6.95.

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
 

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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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Are Charities that seek contributions nationally required to register in 39 states and the District of Columbia that require registration before starting to solicit? What about for-profit fundraisers? Are they required to register and file their contracts and other documentation in some states? 

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Nonprofit organizations create and use copyrighted materials every day.  But they don’t always concern themselves with the process of protecting their rights in the works they create or in obtaining permission to use works created by others where required.

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With more nonprofit employees coming back to work together, now is the time to take another look at some of the basic rules of employment law for nonprofits.

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Don Kramer and Lise Twiford

Obtaining a commitment for a charitable contribution is only the first step in a charity’s obligation for stewardship of its gifts. Stewardship requires good communication with donors — and a whole lot more. There are both public relations issues and legal requirements....

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If you are a donor, a grant-seeker, a philanthropic manager, or a professional adviser to any of them, you need to know the rules that distinguish various philanthropic structures.

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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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