July 1-15, 2004

Senate Finance Committee Hearing Seeks “To Bring Real Reform in the Nonprofit Sector”
IRS has already begun initiatives to tighten oversight on compensation, governance, and cooperation with states

Foundation May Suspend Grants to Theater But May Not Make Grants Elsewhere
Court says trustees have not shown that it is impracticable to continue distributions

Court Must Approve Reimbursement Provision When Contract to Sell Assets Is Disapproved
Court’s refusal to approve sale does not invalidate entire agreement but reimbursement provision must be reasonable

Ready Reference Page
Senate Committee’s White Paper Proposes Vast Expansion of Federal Power Over Charities

Issues Notes

Kramer to participate in Barnes discussion
Thursday with the Editor, July 29, 1:00 ET
Want to promote a new Member Benefit?

To the Point

Our synagogue wants to acquire several bank certificates of deposit for different terms. Our president and financial secretary will be the signatories. Can these signatories be changed if we elect new officers? Will there be a penalty?

Lessons from Litigation

Lab may participate in free program under anti-kickback law
Court affirms finding of testamentary capacity against challenge
Klan group may participate in state Adopt a Highway program

Tax Matters

IRS issues guides for car donation programs
Certified mail means certified mail

Say That Again?

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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

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July 1-15, 2004

July 1-15, 2004

July 1-15, 2004

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July 1-15, 2004

July 1-15, 2004

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