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Nonprofits Business Organization

Read need-to-know updates, commentary, and analysis on Nonprofits issues written by leading professionals.

Diving Into Family Philanthropy (Segment II): What giving vehicle is right for your family?

We recommend waiting to choose a giving vehicle (or vehicles) until you have a clear sense of your family’s philanthropic objectives. Once identified, those philanthropic goals, in addition to tax and operational...more

What President Trump’s Executive Order Means for 501(c)(3) Political Activity

by Genova Burns LLC on

Recently, President Trump signed his Executive Order “Promoting Free Speech and Religious Liberty.” It directs the Secretary of the Treasury to exercise discretion to avoid taking any adverse action against an individual,...more

May 15 Is Tax Filing Deadline for Many Tax-Exempt Organizations

This is a reminder that tax-exempt organizations operating on a calendar-year (January 1 – December 31) have a filing deadline for Form 990-series information returns on May 15. To avoid potential penalties or risk of losing...more

Benefits of Family Philanthropy: A Real World Example

In our current series of blog posts, Diving Into Family Philanthropy, we are exploring the choices available to families that wish to engage in family philanthropy....more

We Need a License To . . . Be a Charity?

by Ward and Smith, P.A. on

Wait a minute! Haven't we done everything we're supposed to do? We've clearly defined our charitable mission. We formed our non-profit corporation. We got our 501(c)(3) determination letter from the Internal Revenue Service...more

Jimmy Chen Seminar Attendees and Clients at Risk of Being Investigated for Tax Evasion

by Moskowitz LLP on

This past summer, Jimmy J. Chen, accountant and promoter of private charitable foundations, was charged with six felony counts of tax evasion. From 2009 through 2011, Mr. Chen apparently used his tax-exempt ChenSung Family...more

Corporate Law & Governance Update - April 2017

by McDermott Will & Emery on

The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations: OVERSIGHT OF CORPORATE CULTURE - A significant emerging...more

Changes to Bayh-Dole Act Regulations Impacting Ownership of Patent Rights

by Goodwin on

Businesses and nonprofit organizations that receive federal government funding, such as NIH, DoD or SBIR grants, are required diligently to report and elect title to inventions and patent applications that have been made with...more

Diving Into Family Philanthropy (Segment I): What are the benefits of family philanthropy?

1 – Teaching your financial values to the next generation. Your financial values include your beliefs about how financial resources should be managed and utilized. We all have them, though we may not have taken the time...more

Improper Purpose Frustrates Member’s Assertion Of A Proper Purpose

by Allen Matkins on

The inspection rights of members of California nonprofit mutual benefit corporations mirror those of shareholders of California corporations. Section 8333 of the Corporations Code provides that the accounting books and...more

Diving into Family Philanthropy

Over the next several posts, we will be diving into the topic of family philanthropy. Since the topic is so broad, we have divided it into segments that we will cover in the coming weeks. Each segment is intended to give you...more

Liability for Directors of Nonprofit Corporations

Lawyers are often asked to serve on Boards of nonprofit corporations and if they do so, they will often be asked by other directors about the potential individual liability of a director for actions of the nonprofit, for...more

IRS Notice: Conservation Easements for Charitable Giving

by Bryan Cave on

In Notice 2017-10, the Internal Revenue Service recently issued guidance on syndicated conservation easement transactions presumed to be used as tax shelters. This addition to the “listed transactions” under Section...more

United States Supreme Court Upholds Campaign Ad Disclosure Requirement

by Snell & Wilmer on

In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads...more

Charities Participating in Policy and Protest: 2017 and Beyond

by Nilan Johnson Lewis PA on

Recent demonstrations highlight a significant passion for expressing dissent and opposition to the Trump administration and its public policy positions. Given the dramatic increase in queries we have received from our clients...more

Recent Updates from the Attorney General’s Nonprofit Division

by Foley Hoag LLP on

Several attorneys from the Non-Profit Organizations/Public Charities Division of the Office of the Attorney General (the Division) participated in an engaging panel discussion at the Boston Bar Association last week. The...more

Into the Ether: EEA Another Showing of Support for Distributed Ledger Technology

by Morgan Lewis on

On February 28, a consortium of 30 companies announced the formation of the Enterprise Ethereum Alliance (EEA), a nonprofit foundation designed to “build, promote, and broadly support Ethereum-based technology best practices,...more

Important Changes to the Michigan Nonprofit Corporation Act

by Fraser Trebilcock on

Laws governing Michigan nonprofit corporations underwent an extensive facelift several years ago, the effects of which are still being felt today. Below is a summary of some key amendments to the Michigan Nonprofit...more

Introduction To US Benefit Corporations: US Subsidiaries of Foreign Parents Doing Good by Bridging Profitability and Responsible...

In 2006, Yvon Chouinard, the founder of sportswear giant Patagonia, published a corporate memoir that would equally inspire board members in three-piece suits and surfers in wetsuits. Let My People Go Surfing: The Education...more

EO Update: e-News for Charities & Nonprofits

by Bryan Cave on

Two new Issue Podcasts available for viewing - Go to the Stay Exempt Issue Podcast page on irs.gov to see Issue Podcasts on: ..When are Commercial-Type Activities a Substantial Nonexempt Purpose for an IRC...more

Tax Court Holds IRC Charitable Contribution Subsection is not Self-Executing in the Absence of Regs

by Blank Rome LLP on

On December 22, 2016, the United States Tax Court (the “Court”) issued 15 West 17th Street LLC v. Commissioner, 147 T.C. No. 19 (2016) and addressed, a question related to the statutory construction of section 170(f)(8),...more

EO Update: e-News for Charities & Nonprofits

by Bryan Cave on

IRS makes approved Form 1023-EZ data available online - The IRS announced today that publicly available information from approved applications for tax-exemption using Form 1023-EZ, Streamlined Application for...more

Understanding UPMIFA: Delegation of Management and Investment of Endowment Funds

The Uniform Prudent Management of Institutional Funds Act (UPMIFA or the Act) was adopted in 2006 by the National Conference of Commissioners on Uniform State Laws, as the successor to the Uniform Management of Institutional...more

New Law to Govern Pennsylvania Entities

Effective February 21, 2017, Pennsylvania law will change significantly for business corporations, nonprofit corporations, and especially for limited liability companies (“LLCs”), limited partnerships (“LPs”), limited...more

Corporate Law & Governance Update - February 2017

by McDermott Will & Emery on

THE #1 FIDUCIARY DUTY ISSUE OF 2017 - Positioning boards to exercise heightened engagement within the current “climate of uncertainty” is possibly the most important health system governance challenge of 2017. To...more

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