Nonprofit Issues

July 16-August 15, 2011

July 16, 2011 to August 15, 2011

Lead Stories

Church May Force Termination Of Trust for its Sole Benefit

Bank loses effort to retain trusteeship and its annual trustee fees

PA Court Limits Standing To Sue Nonprofit Corporations

Blue Cross subscribers are not officers, directors, members or “others” able to contest breach of NPCL

Nonprofit Officers May be Tried For Misuse of Gifts, Election Fraud

Court refuses to dismiss counts of indictment against president and executive director of association

Ready Reference

Supporting Organizations Qualify As Public Charities

Pension Protection Act of 2006 imposed significant new limitations on activities

Issue Notes

To the Point

Can I stay on salary as PR & advocate?

I am the founder of a 501(c)(3) group home for individuals with autism, founded for my grandson who is autistic, and others like him. I decided to step down as executive director. I never paid myself more than $2,000/mo. I wanted to stay on salary as PR & advocate. The board says I cannot because of the new employment law. I'm Founder, was executive director & my grandson lives there. Is this correct? They now will not let me see financials, minutes or anything even though it is public information. I live on my Social Security & my husband's retirement & don't have enough money to live on.

Lessons from Litigation

Bishop lacks standing to challenge cy pres ruling

May church pay pastor $635,000 back compensation on dissolution?

Tax Matters

Pastor must pay more tax, not fraud penalty

Employment Law

Solicitor may sue for retaliatory discharge

Exec may sue for fraudulent inducement of job contract

November Webinar

Fiscal Sponsorship: For the Funders, Sponsors and the Sponsored
Wednesday, November 20, 2024
1:30-3:00 PM ET

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.

It can function smoothly as an incubator of important new projects. Or it can function badly as a serious trap for the unwary.

This webinar will define fiscal sponsorship and discuss the most common types of sponsorship arrangements. It will discuss the advantages and disadvantages of each type and the special considerations for funders, sponsors, and the sponsored. It will review specific critical provisions of sponsorship agreements, particularly termination and exit issues.

Learn more and register

PA Bar Institute

Don Kramer's annual what's new and what's hot in nonprofit law. The presentation included discussion of:

* Federal tax law cases, including one to invalidate the requirement for Schedule B on the annual Form 990 for charities and one to challenge the prohibition on electioneering and substantial lobbying, and the request to require demographic information on boards of large public charities on the Form 990.
* Challenges to higher education, including federal taxes, unionization, new Title IX regulations, name, image and likeness issues, and challenges to diversity, equity and inclusion programs.
* Status of the new annual report requirement for Pennsylvania nonprofit corporations.
* Updates on charitable solicitation registration issues.
* Standing issues.
* Special issues with charitable trusts, including one holding that many minor breaches of fiduciary duty can add up to a significant breach of duty.
* Other interesting cases, including one holding that donor lists are not trade secrets subject to protection from use by a former fundraiser.

Buy now a nd listen at your convenience

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

New Subscribers can have full access to the entire website and all editions for 3 months for only $17.95.

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SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

YOUR ONE-STOP PLACE FOR NONPROFIT LAW YOU NEED TO KNOW

Nonprofit Issues

July 16-August 15, 2011

Church May Force Termination Of Trust for its Sole Benefit

PA Court Limits Standing To Sue Nonprofit Corporations

Nonprofit Officers May be Tried For Misuse of Gifts, Election Fraud

Supporting Organizations Qualify As Public Charities

Issue Notes

Can I stay on salary as PR & advocate?

Bishop lacks standing to challenge cy pres ruling

May church pay pastor $635,000 back compensation on dissolution?

Pastor must pay more tax, not fraud penalty

Solicitor may sue for retaliatory discharge

Exec may sue for fraudulent inducement of job contract

Sign-up for our weekly Q&A; get a free report on electioneering

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Nonprofit Issues

July 16-August 15, 2011

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