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DUTIES OF THE PRESIDENT AND/OR CHAIR GOVERNANCE COMMITTEE: 12 KEY TASKS HUMAN RESOURCES COMMITTEE An HR committee may be beneficial in alleviating common human resources and management problems within a nonprofit organization. However, it is important to keep in mind that ultimate oversight is the board's responsibility. The board of directors should carefully consider how personnel work is delegated and who would best handle thejob.
DUTIES OF THE SECRETARY OF A NONPROFIT CORPORATION The secretary of the corporation is an active conduit for communication between the board, management, and members (if any), by giving proper notice of any meetings and timely distribution of materials such as agendas and meeting minutes. The secretary should be knowledgeable of the organization’s records and related materials,and should be
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a NONPROFIT COMPENSATION: TIPS ON USING COMPARABILITY DATA The IRS requires comparability data to be from similarly-situated organizations, for equivalent positions, in the same community or geographic area. Therefore, three types of comparisons should be made: Position. In general, compensation should be commensurate with the duties and responsibilities of the job. WHO IS THE CHIEF EXECUTIVE OFFICER Many organizations identify in their bylaws that the board chair or president is the chief executive officer and do not list the executive director as one of the officers. This may be appropriate in the case of an all-volunteer organization without an executive director. However, if the organization has a paid executive director who istasked
THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the NONPROFIT JOINT VENTURES Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for their mutual benefit. More narrowly defined, a joint venture is a separate legal entity formed by two or more parties to undertake economic activity together. PRIVATE FOUNDATION RULES A Section 501(c)(3) exempt organization is presumed to be a private foundation unless it qualifies as a public charity. The distinction between the private foundation and public charity classification may be critical for organizational leaders to understand, as public charity status is generally far more advantageous when there is achoice.
DUTIES OF THE PRESIDENT AND/OR CHAIR GOVERNANCE COMMITTEE: 12 KEY TASKS HUMAN RESOURCES COMMITTEE An HR committee may be beneficial in alleviating common human resources and management problems within a nonprofit organization. However, it is important to keep in mind that ultimate oversight is the board's responsibility. The board of directors should carefully consider how personnel work is delegated and who would best handle thejob.
DUTIES OF THE SECRETARY OF A NONPROFIT CORPORATION The secretary of the corporation is an active conduit for communication between the board, management, and members (if any), by giving proper notice of any meetings and timely distribution of materials such as agendas and meeting minutes. The secretary should be knowledgeable of the organization’s records and related materials,and should be
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a NONPROFIT COMPENSATION: TIPS ON USING COMPARABILITY DATA The IRS requires comparability data to be from similarly-situated organizations, for equivalent positions, in the same community or geographic area. Therefore, three types of comparisons should be made: Position. In general, compensation should be commensurate with the duties and responsibilities of the job. WHO IS THE CHIEF EXECUTIVE OFFICER Many organizations identify in their bylaws that the board chair or president is the chief executive officer and do not list the executive director as one of the officers. This may be appropriate in the case of an all-volunteer organization without an executive director. However, if the organization has a paid executive director who istasked
CATALYTIC PHILANTHROPY 1 day ago · “Catalytic Philanthropy” was coined by Mark Kramer in an article he wrote for the Stanford Social Innovation Review in 2009.The article states that a grantor’s role in traditional philanthropy is typically limited to writing a check to a nonprofit and otherwise having a pretty much hands-off approach (besides its performance of the more administrative duties of managing the grant GOVERNANCE COMMITTEE: 12 KEY TASKS Governance Committee: 12 Key Tasks. A nonprofit corporation is ultimately governed by its board of directors, but a board may create committees to assist in fulfilling the board’s duties. Among the most common and important committees utilized by boards is a governance committee. The governance committee is generally responsible for reviewing BOARD MEMBER RIGHTS AND NON-RIGHTS Board Member Rights and Non-Rights. A board of directors is the ultimate authority of a nonprofit corporation, but that doesn’t mean any individual director (board member) holds such authority or really any inherent authority over the corporation, subject to some very limited exceptions. The following lists of board member rights and non NONPROFIT JOINT VENTURES: BASICS A charitable nonprofit may engage in a joint venture (JV) with a for-profit entity subject to some important limitations. It’s critical for nonprofit leaders to understand these limitations in contemplating and negotiating a JV to avoid jeopardizing its tax-exempt status, unlawfully diverting charitable assets, and conferring a prohibited private benefit on the for-profit and/or itsowners.
DUTIES OF THE TREASURER OF A NONPROFIT CORPORATION Duties and Responsibilities of the Treasurer. Typically, the Treasurer’s duties include the following: Financial management and/or oversight. A Treasurer may manage or oversee the management of the financial affairs of the organization, often including such basic tasks as selecting a bank, reconciling bank statements, and managingcash flow.
PLR 202119002: PRIVATE FOUNDATION GRANTS TO INTERMEDIARY Earlier this year, the IRS released a private letter ruling (PLR 202119002) on a private foundation’s contemplated grants to three foreign organizations that will each regrant the applicable funds to secondary grantees in furtherance of the private foundation’s 501(c)(3) exempt purposes.While a PLR may not be relied on as precedent by other taxpayers or by IRS personnel, it does provide GEORGETOWN NONPROFIT GOVERNANCE 2021 Georgetown Nonprofit Governance 2021 – Part 2. Published on: April 18, 2021. April 18, 2021. by Gene Takagi Category: BOARDS / GOVERNANCE, EVENTS. This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, AssessingEffectiveness
NONPROFIT LAW BLOG
Regretfully, I again missed the Council on Foundations (CoF) Annual Conference, though I was present in Denver for the Asian Americans/Pacific Islanders in Philanthropy (AAPIP) annual board and membership meetings before flying to Portland to participate in the ReVV 2010 Conference. STARTING A NONPROFIT: FORM 1023 OR FORM 1023-EZ Most new charitable nonprofits other than churches will seek 501(c)(3) recognition from the IRS. Since July 2014, qualifying nonprofits have been able to apply for recognition of 501(c)(3) tax-exempt status using either Form 1023 or the much simpler Form 1023-EZ. AMENDING CALIFORNIA NONPROFIT ARTICLES OF INCORPORATION The easiest way to amend the Articles is to draft, adopt, and file a Certificate of Amendment of Articles of Incorporation. For a name change only, the Secretary of State offers a simple form that can be used. A Certificate of Amendment may be appropriate for minor other changes. However, the corporation must be very careful to ensure thatthe
CRYPTOCURRENCY AND NONPROFITS According to CNBC, as of November 23, 2018, the total market capitalization of cryptocurrencies was around $138.6 billion. CoinMarketCap tracks the top 100 cryptocurrencies by market capitalization. Currently, the top 3 are Bitcoin (over $74 billion), XRP ($16 billion), and Ethereum ($12 billion). The market capitalization of cryptocurrencies THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the THE DIXIE AND ANNE LEAVITT FOUNDATION The charitable foundation referenced in The Washington Post article quoted above is The Dixie and Anne Leavitt Foundation (the "Leavitt Foundation"), which was formed in 2000 as a Type III supporting organization. This category of public charities has received notoriety over recent years because of the use of Type III supportingorganizations
BOARD MEMBER RIGHTS AND NON-RIGHTS Board Member Rights and Non-Rights. A board of directors is the ultimate authority of a nonprofit corporation, but that doesn’t mean any individual director (board member) holds such authority or really any inherent authority over the corporation, subject to some very limited exceptions. The following lists of board member rights and non NONPROFIT JOINT VENTURES Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for their mutual benefit. More narrowly defined, a joint venture is a separate legal entity formed by two or more parties to undertake economic activity together. DUTIES OF THE PRESIDENT AND/OR CHAIR GEORGETOWN NONPROFIT GOVERNANCE 2021 Georgetown Nonprofit Governance 2021 – Part 2. Published on: April 18, 2021. April 18, 2021. by Gene Takagi Category: BOARDS / GOVERNANCE, EVENTS. This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, AssessingEffectiveness
HUMAN RESOURCES COMMITTEE An HR committee may be beneficial in alleviating common human resources and management problems within a nonprofit organization. However, it is important to keep in mind that ultimate oversight is the board's responsibility. The board of directors should carefully consider how personnel work is delegated and who would best handle thejob.
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATIONSEE MORE ON NONPROFITLAWBLOG.COM CRYPTOCURRENCY AND NONPROFITS According to CNBC, as of November 23, 2018, the total market capitalization of cryptocurrencies was around $138.6 billion. CoinMarketCap tracks the top 100 cryptocurrencies by market capitalization. Currently, the top 3 are Bitcoin (over $74 billion), XRP ($16 billion), and Ethereum ($12 billion). The market capitalization of cryptocurrencies THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the THE DIXIE AND ANNE LEAVITT FOUNDATION The charitable foundation referenced in The Washington Post article quoted above is The Dixie and Anne Leavitt Foundation (the "Leavitt Foundation"), which was formed in 2000 as a Type III supporting organization. This category of public charities has received notoriety over recent years because of the use of Type III supportingorganizations
BOARD MEMBER RIGHTS AND NON-RIGHTS Board Member Rights and Non-Rights. A board of directors is the ultimate authority of a nonprofit corporation, but that doesn’t mean any individual director (board member) holds such authority or really any inherent authority over the corporation, subject to some very limited exceptions. The following lists of board member rights and non NONPROFIT JOINT VENTURES Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for their mutual benefit. More narrowly defined, a joint venture is a separate legal entity formed by two or more parties to undertake economic activity together. DUTIES OF THE PRESIDENT AND/OR CHAIR GEORGETOWN NONPROFIT GOVERNANCE 2021 Georgetown Nonprofit Governance 2021 – Part 2. Published on: April 18, 2021. April 18, 2021. by Gene Takagi Category: BOARDS / GOVERNANCE, EVENTS. This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, AssessingEffectiveness
HUMAN RESOURCES COMMITTEE An HR committee may be beneficial in alleviating common human resources and management problems within a nonprofit organization. However, it is important to keep in mind that ultimate oversight is the board's responsibility. The board of directors should carefully consider how personnel work is delegated and who would best handle thejob.
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATIONSEE MORE ON NONPROFITLAWBLOG.COM CATALYTIC PHILANTHROPY 12 hours ago · “Catalytic Philanthropy” was coined by Mark Kramer in an article he wrote for the Stanford Social Innovation Review in 2009.The article states that a grantor’s role in traditional philanthropy is typically limited to writing a check to a nonprofit and otherwise having a pretty much hands-off approach (besides its performance of the more administrative duties of managingthe grant
GOVERNANCE COMMITTEE: 12 KEY TASKS Governance Committee: 12 Key Tasks. A nonprofit corporation is ultimately governed by its board of directors, but a board may create committees to assist in fulfilling the board’s duties. Among the most common and important committees utilized by boards is a governance committee. The governance committee is generally responsible for reviewing CONVERTING A FOR-PROFIT INTO A NONPROFIT Increasingly, for-profit corporations are expanding their goals beyond profit-maximization and pursuing social or charitable goals. For owners of some of these corporations whose sole focus becomes a charitable purpose, conversion into a nonprofit organization can GEORGETOWN NONPROFIT GOVERNANCE 2021 Georgetown Nonprofit Governance 2021 – Part 2. Published on: April 18, 2021. April 18, 2021. by Gene Takagi Category: BOARDS / GOVERNANCE, EVENTS. This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, AssessingEffectiveness
NONPROFIT JOINT VENTURES: BASICS A charitable nonprofit may engage in a joint venture (JV) with a for-profit entity subject to some important limitations. It’s critical for nonprofit leaders to understand these limitations in contemplating and negotiating a JV to avoid jeopardizing its tax-exempt status, unlawfully diverting charitable assets, and conferring a prohibited private benefit on the for-profit and/or itsowners.
NONPROFIT LAW BLOG
Regretfully, I again missed the Council on Foundations (CoF) Annual Conference, though I was present in Denver for the Asian Americans/Pacific Islanders in Philanthropy (AAPIP) annual board and membership meetings before flying to Portland to participate in the ReVV 2010 Conference. 2020 WESTERN CONFERENCE ON TAX EXEMPT ORGANIZATIONS (WCTEO The 24th Annual Western Conference on Tax-Exempt Organizations (WCTEO), my #1 go-to conference every year for the past 15 years, will be held virtually on Thursday, December 3, and Friday, December 4. The conference will be focused on the unique issues of these times and, in light of Zoom fatigue, will be shorter in length (9:30 am – 1:20 pm PST) than previous in-person conferences. COMPENSATION STRATEGIES AND BEST PRACTICES FOR NONPROFIT “Best Practices in Nonprofit Compensation” The laws regarding nonprofit compensation are another element that can make compensationa disliked topic in
GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATION In June 2017, Guidestar released A Guide to Good Practices in Foundation Operations.The practices outlined cover the following areas: transparency; due diligence; responsive communications; and diversity, equity, and inclusion.TWEETS OF THE WEEK
Here are some of my favorite tweets from the past week: GTak: Philanthropy and Charity Have Different Roles - http://is.gd/6uofr (Steve Gunderson – COF) philaction THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the CRYPTOCURRENCY AND NONPROFITS We seem to be hearing more and more about cryptocurrency. Is it the money of the future? Is it a passing trend? And what do nonprofits need to know about cryptocurrency, the PRIVATE FOUNDATION RULES A Section 501(c)(3) exempt organization is presumed to be a private foundation unless it qualifies as a public charity. The distinction between the private foundation and public charity classification may be critical for organizational leaders to understand, as public charity status is generally far more advantageous when there is achoice.
NONPROFIT JOINT VENTURES What is a joint venture? Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for theirmutual benefit.
HUMAN RESOURCES COMMITTEE If the board decides to include only board members on the HR committee, it may be considered a board committee with the potential power to act with the full authority of the board relating to all HR administration.A board committee may be granted limited or GEORGETOWN NONPROFIT GOVERNANCE 2021 This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, Assessing Effectiveness, Managing for Organizational Success.Here are more highlights from DayOne:
DUTIES OF THE PRESIDENT AND/OR CHAIREX OFFICIO DIRECTOR
THE DIXIE AND ANNE LEAVITT FOUNDATION Health and Human Services Secretary Mike Leavitt and his relatives claimed millions of dollars in tax deductions through a type of charitable foundation they created that until recently paid out very little in actual charity, tax records show. ECONOMIC DEVELOPMENT AS A 501(C)(3) ACTIVITY Economic development may not immediately come to mind as an activity that furthers a charitable purpose, but it doesn’t take long to think of circumstances where helping a depressed community in its economic development can help in the relief of poverty and distress, and in the combat of community deterioration, all of which are regarded as charitable purposes. THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the CRYPTOCURRENCY AND NONPROFITS We seem to be hearing more and more about cryptocurrency. Is it the money of the future? Is it a passing trend? And what do nonprofits need to know about cryptocurrency, the PRIVATE FOUNDATION RULES A Section 501(c)(3) exempt organization is presumed to be a private foundation unless it qualifies as a public charity. The distinction between the private foundation and public charity classification may be critical for organizational leaders to understand, as public charity status is generally far more advantageous when there is achoice.
NONPROFIT JOINT VENTURES What is a joint venture? Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for theirmutual benefit.
HUMAN RESOURCES COMMITTEE If the board decides to include only board members on the HR committee, it may be considered a board committee with the potential power to act with the full authority of the board relating to all HR administration.A board committee may be granted limited or GEORGETOWN NONPROFIT GOVERNANCE 2021 This is our second post on Georgetown Law’s annual nonprofit governance conference held virtually last week – 2021 Nonprofit Board Governance: Identifying Issues, Assessing Effectiveness, Managing for Organizational Success.Here are more highlights from DayOne:
DUTIES OF THE PRESIDENT AND/OR CHAIREX OFFICIO DIRECTOR
THE DIXIE AND ANNE LEAVITT FOUNDATION Health and Human Services Secretary Mike Leavitt and his relatives claimed millions of dollars in tax deductions through a type of charitable foundation they created that until recently paid out very little in actual charity, tax records show. ECONOMIC DEVELOPMENT AS A 501(C)(3) ACTIVITY Economic development may not immediately come to mind as an activity that furthers a charitable purpose, but it doesn’t take long to think of circumstances where helping a depressed community in its economic development can help in the relief of poverty and distress, and in the combat of community deterioration, all of which are regarded as charitable purposes. BOARD MEMBER RIGHTS AND NON-RIGHTS A board of directors is the ultimate authority of a nonprofit corporation, but that doesn’t mean any individual director (board member) holds such authority or really any inherent authority over the corporation, subject to some very limited exceptions. NONPROFIT JOINT VENTURES What is a joint venture? Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for theirmutual benefit.
THE DIXIE AND ANNE LEAVITT FOUNDATION Health and Human Services Secretary Mike Leavitt and his relatives claimed millions of dollars in tax deductions through a type of charitable foundation they created that until recently paid out very little in actual charity, tax records show. DISSOLUTION AND TRANSFER OF REMAINING ASSETS: AN Organizations may decide to merge for multiple reasons, including to better advance a common purpose or to expand the range of services offered to common beneficiaries. In a merger of two nonprofit SERVING AS THE CHAIR OF THE BOARD The chair of the board of directors (the “chair”) plays an extremely important role for a nonprofit organization. At the core of the chair’s duties, he or she generally presides over meetings of the board, collaborating with the chief executive to create a purposeful agenda and to set priorities, and helping to ensure sound and compliant governance of the organization. THE SALE OF CHARITABLE ASSETS TO A FOR-PROFIT We have recently seen an increasing number of transactions involving the sale of charitable assets to for-profit entities. While generally permissible if conducted properly, these sales raise a number of legal issues at both the federal and state levels that must be considered. NOT ALL TAX-EXEMPT ORGANIZATIONS ARE ENTITLED TO Click here for a discussion of the difference between tax-exempt and tax-deductible on give.org’s website.. Section 501(c)(3) vs. Section 170(b)(1)(A): Section 501(c)(3) organizations that are tax-exempt under Section 501(a) are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public DUTIES OF THE PRESIDENT AND/OR CHAIR Who’s in charge? This is a commonly asked question when structuring the governance and management of a nonprofit corporation. Is it the president or chair of the board? Do nonprofits need to NONPROFIT COMPENSATION: TIPS ON USING COMPARABILITY DATA Executive compensation can be a tricky area for the board of a nonprofit organization. As we’ve discussed previously, the recommended process for determining the appropriate compensation package for an executive of a nonprofit organization involves conducting a review of what similarly-sized organizations, in the same geographic area, offer their executives (of comparable level). GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATION In June 2017, Guidestar released A Guide to Good Practices in Foundation Operations.The practices outlined cover the following areas: transparency; due diligence; responsive communications; and diversity, equity, and inclusion. THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the CRYPTOCURRENCY AND NONPROFITS According to CNBC, as of November 23, 2018, the total market capitalization of cryptocurrencies was around $138.6 billion. CoinMarketCap tracks the top 100 cryptocurrencies by market capitalization. Currently, the top 3 are Bitcoin (over $74 billion), XRP ($16 billion), and Ethereum ($12 billion). The market capitalization of cryptocurrencies THE DIXIE AND ANNE LEAVITT FOUNDATION The charitable foundation referenced in The Washington Post article quoted above is The Dixie and Anne Leavitt Foundation (the "Leavitt Foundation"), which was formed in 2000 as a Type III supporting organization. This category of public charities has received notoriety over recent years because of the use of Type III supportingorganizations
NONPROFIT JOINT VENTURES Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for their mutual benefit. More narrowly defined, a joint venture is a separate legal entity formed by two or more parties to undertake economic activity together. DUTIES OF THE PRESIDENT AND/OR CHAIR GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATIONSEE MORE ON NONPROFITLAWBLOG.COM DONOR ENFORCEMENT OF CHARITABLE GIFT RESTRICTIONS On September 3, I attended a presentation on Donor Enforcement of Charitable Gift Restrictions given by Ron Malone, senior litigation partner with Shartsis Friese, at the Bar Association of San Francisco Conference Center.Here are some of the highlights: Whether a gift is restricted is ultimately a factual question. NONPROFIT COMPENSATION: TIPS ON USING COMPARABILITY DATA The IRS requires comparability data to be from similarly-situated organizations, for equivalent positions, in the same community or geographic area. Therefore, three types of comparisons should be made: Position. In general, compensation should be commensurate with the duties and responsibilities of the job. DUTIES OF THE SECRETARY OF A NONPROFIT CORPORATION The secretary of the corporation is an active conduit for communication between the board, management, and members (if any), by giving proper notice of any meetings and timely distribution of materials such as agendas and meeting minutes. The secretary should be knowledgeable of the organization’s records and related materials,and should be
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a THE AMERICAN RESCUE PLAN ACT AND NONPROFITS The $1.9 trillion American Rescue Plan Act, signed into law by President Biden on March 11, 2021, authorizes federal spending for much needed economic relief and poverty alleviation. The most discussed provision in the Act may be the round of (up to) $1,400 stimulus payments to most Americans. But there are a number of provisions directly impacting nonprofits, thanks in large part to the CRYPTOCURRENCY AND NONPROFITS According to CNBC, as of November 23, 2018, the total market capitalization of cryptocurrencies was around $138.6 billion. CoinMarketCap tracks the top 100 cryptocurrencies by market capitalization. Currently, the top 3 are Bitcoin (over $74 billion), XRP ($16 billion), and Ethereum ($12 billion). The market capitalization of cryptocurrencies THE DIXIE AND ANNE LEAVITT FOUNDATION The charitable foundation referenced in The Washington Post article quoted above is The Dixie and Anne Leavitt Foundation (the "Leavitt Foundation"), which was formed in 2000 as a Type III supporting organization. This category of public charities has received notoriety over recent years because of the use of Type III supportingorganizations
NONPROFIT JOINT VENTURES Broadly defined, a joint venture is a relationship which arises from an express or implied agreement between two or more parties to undertake some common objective for their mutual benefit. More narrowly defined, a joint venture is a separate legal entity formed by two or more parties to undertake economic activity together. DUTIES OF THE PRESIDENT AND/OR CHAIR GUIDESTAR’S GUIDE TO GOOD PRACTICES IN FOUNDATIONSEE MORE ON NONPROFITLAWBLOG.COM DONOR ENFORCEMENT OF CHARITABLE GIFT RESTRICTIONS On September 3, I attended a presentation on Donor Enforcement of Charitable Gift Restrictions given by Ron Malone, senior litigation partner with Shartsis Friese, at the Bar Association of San Francisco Conference Center.Here are some of the highlights: Whether a gift is restricted is ultimately a factual question. NONPROFIT COMPENSATION: TIPS ON USING COMPARABILITY DATA The IRS requires comparability data to be from similarly-situated organizations, for equivalent positions, in the same community or geographic area. Therefore, three types of comparisons should be made: Position. In general, compensation should be commensurate with the duties and responsibilities of the job. DUTIES OF THE SECRETARY OF A NONPROFIT CORPORATION The secretary of the corporation is an active conduit for communication between the board, management, and members (if any), by giving proper notice of any meetings and timely distribution of materials such as agendas and meeting minutes. The secretary should be knowledgeable of the organization’s records and related materials,and should be
NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require a CRYPTOCURRENCY AND NONPROFITS According to CNBC, as of November 23, 2018, the total market capitalization of cryptocurrencies was around $138.6 billion. CoinMarketCap tracks the top 100 cryptocurrencies by market capitalization. Currently, the top 3 are Bitcoin (over $74 billion), XRP ($16 billion), and Ethereum ($12 billion). The market capitalization of cryptocurrencies CHANGING A NONPROFIT’S MISSION A nonprofit’s mission describes the purpose and reason for being of the organization. Although a mission statement should always be consistent with the nonprofit’s “specific purpose statement” described in the Articles of Incorporation, the mission statement is generally crafted with an eye to the public. A well-conceived mission statement motivates donors, inspires volunteers, and GOVERNANCE COMMITTEE: 12 KEY TASKS Governance Committee: 12 Key Tasks. A nonprofit corporation is ultimately governed by its board of directors, but a board may create committees to assist in fulfilling the board’s duties. Among the most common and important committees utilized by boards is a governance committee. The governance committee is generally responsible for reviewing DUTIES OF THE TREASURER OF A NONPROFIT CORPORATION Duties and Responsibilities of the Treasurer. Typically, the Treasurer’s duties include the following: Financial management and/or oversight. A Treasurer may manage or oversee the management of the financial affairs of the organization, often including such basic tasks as selecting a bank, reconciling bank statements, and managingcash flow.
HUMAN RESOURCES COMMITTEE An HR committee may be beneficial in alleviating common human resources and management problems within a nonprofit organization. However, it is important to keep in mind that ultimate oversight is the board's responsibility. The board of directors should carefully consider how personnel work is delegated and who would best handle thejob.
DUTIES OF THE SECRETARY OF A NONPROFIT CORPORATION The secretary of the corporation is an active conduit for communication between the board, management, and members (if any), by giving proper notice of any meetings and timely distribution of materials such as agendas and meeting minutes. The secretary should be knowledgeable of the organization’s records and related materials,and should be
NOT ALL TAX-EXEMPT ORGANIZATIONS ARE ENTITLED TO Click here for a discussion of the difference between tax-exempt and tax-deductible on give.org’s website.. Section 501(c)(3) vs. Section 170(b)(1)(A): Section 501(c)(3) organizations that are tax-exempt under Section 501(a) are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public STARTING A NONPROFIT: FORM 1023 OR FORM 1023-EZ Most new charitable nonprofits other than churches will seek 501(c)(3) recognition from the IRS. Since July 2014, qualifying nonprofits have been able to apply for recognition of 501(c)(3) tax-exempt status using either Form 1023 or the much simpler Form 1023-EZ.EX OFFICIO DIRECTOR
Many nonprofits use the term “ex officio director” (or “ex officio board member”) without a clear understanding of what the term means and how to properly incorporate one or more ex officio directors in their governance structures. Definitions The term director refers to an individual serving as a voting member of the board of directors of a corporation. NONPROFIT DIRECTORS AND OFFICERS Officers. Officers, unlike directors, each have individual duties related to managing some aspect of the corporation’s activities and affairs. Such duties are generally not defined by corporate laws, but they are described in the bylaws and/or a written position description and defined in part by custom. State laws typically require aSkip to content
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nonprofit tweets "
data-medium-file="https://i0.wp.com/www.nonprofitlawblog.com/assets/Coronavirus-Fear-scaled.jpeg?fit=300%2C200&ssl=1" data-large-file="https://i0.wp.com/www.nonprofitlawblog.com/assets/Coronavirus-Fear-scaled.jpeg?fit=1024%2C683&ssl=1"> NONPROFIT TWEETS OF THE WEEK – 3/13/20 Published on: March 13, 2020March 13, 2020by Gene Takagi
Category:TWEETS
OF THE WEEK
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “President Trump on Wednesday night blocked most visitors from continental Europe to the United States and vowed emergency aid to workers and small businesses...Read More
NONPROFIT GOVERNANCE: CORONAVIRUS AND COVID-19 Published on: March 11, 2020March 14, 2020by Gene Takagi
Category:BOARDS
/ GOVERNANCE ,
CURRENT AFFAIRS & OPINION Nonprofits must recognize and manage the impact of the coronavirus and associated disease known as COVID-19 that has created great concern and fear for an ill-prepared and under-educated country and world. Quarantines, canceled conferences and events, staggering drops in economic markets, deserted public spaces, self-isolation, and socialdistancing are...
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NONPROFIT TWEETS OF THE WEEK – 3/6/20 Published on: March 6, 2020March 6, 2020by Gene Takagi
Category:TWEETS
OF THE WEEK
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “Suddenly on a collision course, Joe Biden and Bernie Sanders are sharpening their attacks and looking to build out their bases of support as...Read More
NONPROFIT MERGERS – PART I: BASIC LEGAL CONSIDERATIONS Published on: March 5, 2020March 5, 2020by Michele Berger
Category:BOARDS
/ GOVERNANCE ,
COLLABORATIONS & MERGERS, DISSOLUTION
, RISK
MANAGEMENT
Nonprofit corporations may decide to merge for many reasons, including to better advance a common purpose or to expand the range of services offered to common beneficiaries. Generally, in a simple 2-party merger between A (the surviving corporation) and B (the merging corporation also referred to in the law...Read More
NONPROFIT TWEETS OF THE WEEK – 2/28/20 Published on: February 28, 2020February 28, 2020by Gene Takagi
Category:TWEETS
OF THE WEEK
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “Federal health officials starkly warned on Tuesday that the new coronavirus will almost certainly spread in the United States, and that hospitals, businesses and...Read More
NONPROFIT RADIO: EQUITABLE COMPENSATION Published on: February 21, 2020March 1, 2020by Gene Takagi
Category:BOARDS
/ GOVERNANCE ,
EMPLOYMENT LAW / VOLUNTEERS, EVENTS
I’ll be on on Nonprofit Radio this Friday, February 21, at 10:30 am PT / 1:30 pm ET talking with host Tony Martignetti about charity compensation and pay equity. You can listen live on Talking Alternative. The archived podcast will be available a few days after the show airs. Corporate and tax attorneys who provide “nonprofit...Read More
NONPROFIT TWEETS OF THE WEEK – 2/21/20 Published on: February 21, 2020February 21, 2020by Gene Takagi
Category:TWEETS
OF THE WEEK
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “During his Senate impeachment trial, Democrats repeatedly asserted that President Trump is “not above the law.” But since his acquittal two weeks ago, analysts...Read More
outstanding nonprofit lawyer " data-medium-file="https://i0.wp.com/www.nonprofitlawblog.com/assets/Press-Release.jpeg?fit=300%2C199&ssl=1" data-large-file="https://i0.wp.com/www.nonprofitlawblog.com/assets/Press-Release.jpeg?fit=1024%2C680&ssl=1"> SEEKING NOMINATIONS FOR THE 2020 OUTSTANDING NONPROFIT LAWYER AWARDS Published on: February 15, 2020February 12, 2020by Gene Takagi
Category:EVENTS
WASHINGTON, D.C.—February 12, 2020: The Committee on Nonprofit Organizations of the American Bar Association’s Business Law Section is calling for nominations for the “2020 Outstanding Nonprofit Lawyer Awards.” The Committee presents the Awards annually to outstanding lawyers in the categories of Academic, Attorney, Nonprofit In-House Counsel, and Young Attorney...Read More
NONPROFIT TWEETS OF THE WEEK – 2/14/20 Published on: February 14, 2020February 13, 2020by Gene Takagi
Category:TWEETS
OF THE WEEK
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Tweets of the Week. Notable Events of the Week: “A handful of Republican senators tried to stop President Trump from firing Gordon D. Sondland, the ambassador to the European Union who testified in...Read More
FORM 1023 – ELECTRONIC FILING REQUIREMENT Published on: February 9, 2020February 9, 2020by Gene Takagi
Category:IRS &
FEDERAL TAX ISSUES , STARTING A NONPROFIT The IRS recently revised Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, as an online fill-in form that must be filed electronically. You can find an overview of the mechanics of e-filing Form 1023 here. For lawyers and tax practitioners, you may...Read More
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