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Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

IRS Issues Regulations on Type III Supporting Organizations

Effective December 28, 2012, the IRS published final regulations on the qualification requirements for “Type III” supporting organizations (SOs), and issued temporary regulations that establish a payout requirement for...more

A.G. Schneiderman Announces New Electioneering Disclosure Requirements for Nonprofits

On December 12, 2012, New York Attorney General Eric Schneiderman announced new proposed disclosure rules for New York-registered nonprofits designed to bring more transparency to electioneering activities by tax-exempt,...more

Act 55 Charitable Exemption Standards Undermined Further

The usefulness of the objective Charitable Exemption Standards set out in Act 55 of 1997, the Purely Public Charity Act, seems to have been further undermined by a recent Commonwealth Court decision. As discussed in our May...more

Lessons for Nonprofits from the Freeh Report by James H. Hahn, Esq.

The law firm of Freeh Sporkin & Sullivan LLP, in its capacity as Special Investigative Counsel for the Board of Trustees of The Pennsylvania State University, recently issued its report (the “Freeh Report”) on Penn State’s...more

IRS Issues Proposed Regulations for Charitable Hospitals Regarding Section 501(r) Financial Assistance and Other Requirements

On June 26, 2012, the Internal Revenue Service (IRS) published in the Federal Register proposed regulations and a detailed preamble regarding the Internal Revenue Code (IRC) Section 501(r) requirements for charitable hospital...more

Legislature Approves State Budget; Final Version Does Not Contain Proposed Restrictions On Non-Profit Director and Officer...

On Thursday, June 28, the Massachusetts House and Senate each voted to approve a $32.5 billion state budget bill. We had previously reported on an amendment to the budget that would have prohibited the compensation of...more

IRS Issues Proposed Regulations for Charitable Hospitals to Meet New Section 501(r) Requirements

The Patient Protection and Affordable Care Act of 2010, as amended ("ACA") added new section 501(r) to the Internal Revenue Code ("Code") which imposes additional requirements on hospital organizations in order to be exempt...more

New York State Agencies Issue Proposed Regulations Regarding the Administration Expenses and Executive Compensation of...

Pursuant to Executive Order 38 issued by Governor Cuomo, thirteen New York State agencies released very similar proposed regulations on May 16, 2012, placing a limit on the funds that can be used for administrative expenses...more

PRI Regulations: a Step in the Right Direction for L3C Opportunities

The L3C entity has been recognized in North Carolina for almost two years in an effort to stimulate social enterprise, but its use has been hamstrung because some federal tax implications have been highly speculative. Until...more

Is a Company Foundation Necessary?

Originally published in the Puget Sound Business Journal 2012. When Starbucks rolled out the Create Jobs for USA program, it was the Starbucks Foundation that provided seed funding to the Opportunity Finance Network....more

Massachusetts Senate Adopts Legislation Limiting Compensation of Non-Employee Officers, Directors, and Trustees of Public...

Late last week, the Massachusetts Senate adopted legislation that would require public charities to obtain approval from the Massachusetts Attorney General before compensating non-employee officers, directors, and trustees...more

Massachusetts Senate Adopts Budget Amendment Barring Compensation of Directors of Public Charities Without Approval from the...

The Massachusetts Senate voted this week to adopt an amendment to the budget to prohibit the compensation of directors, independent officers and trustees of public charities without approval from the attorney general of the...more

Proposed New York Regulations Would Limit Executive Compensation

On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or...more

New York Legislature Rejects Proposal to Grant Health Commissioner Authority to Appoint Board Members and Operators of...

Earlier this year, Governor Andrew Cuomo proposed changes to the New York Public Health Law which would have given the Commissioner of the Department of Health the power to remove managers of hospitals, diagnostic and...more

Proposed Regulations Offer New Examples of Program-Related Investments

New examples describe additional charitable purposes and investment structures for PRIs. The Internal Revenue Service (IRS) and the Treasury Department have issued long-awaited proposed Treasury Regulations providing...more

Washington State Passes Legislation Authorizing Social Purpose Corporations: Bill to Permit Corporations to Seek Social,...

Washington Governor Christine Gregoire signed into law SHB 2239, a bill amending the Washington Business Corporation Act (“WBCA”) to authorize the use of social purpose corporations, effective June 7, 2012. Washington follows...more

Small Games of Chance Still a Gamble!

On February 2, 2012 Governor Corbett signed into law Act 2 of 2012, which became effective March 3, 2012. Act 2 makes substantial changes to the Small Games of Chance Act, and those who are involved with charities that might...more

Massachusetts Legislative Committee Approves Legislation Expanding Regulatory Oversight of Healthcare Organizations

Legislation under consideration in Massachusetts would increase the regulatory oversight of hospitals, other healthcare providers and healthcare insurers. On Tuesday, March 20, 2012, the Massachusetts Joint Committee on...more

Doing Good AND Doing Well —New York’s New Benefit Corporation Law

On February 10, 2012, New York’s new Benefit Corporation Law went into effect, making New York the seventh state to enact benefit corporation legislation. Laws are also in effect in Maryland (the first, effective October 1,...more

OIG Approves Wholly Owned Subsidiary GPO Arrangement

In Advisory Opinion 12-01, the Office of Inspector General for the Department of Health and Human Services (OIG) analyzed a proposal from a nonprofit health system (the “System”) to form a group purchasing organization (the...more

Starting a Kentucky Business Task List

List of legal and practical steps most entrepreneurs face in starting a business in Kentucky...more

New York Attorney General Announces Plan to "Unlock the Full Potential" of Not-For-Profit Organizations

Attorney General Eric Schneiderman has announced a new reform plan to reduce the regulatory burden on New York not-for-profit organizations while strengthening their governance and accountability. The Attorney General's...more

A Guide to Political and Lobbying Activities - Updated: February 2012

A SUMMARY OF MAJOR CHANGES TO A GUIDE TO POLITICAL AND LOBBYING ACTIVITIES Our latest edition significantly updates the Guide to Political and Lobbying Activities to include a new Chapter V highlighting the limits...more

IRS Releases New Form 990

The IRS has released the final Form 990 for 2011, the return filed by tax-exempt organizations, which includes some significant changes regarding reporting of investment partnership assets and foreign...more

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