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Nonprofits Updates

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

Could Tax Reform Threaten Higher Education?

by Steptoe & Johnson PLLC on

Given declining funding from government sources and the continued pressure to minimize tuition increases, it is critical for higher education institutions to encourage private giving. The primary catalyst for private giving...more

Who Needs Parliamentary Procedure Anyway? Part 2

My last post provided the simple answer to why organizations still use (the seemingly outdated, archaic-sounding) parliamentary procedure: They use it because they are following state law, or because their bylaws say that...more

New York Appellate Court Curtails NY AG Investigatory Subpoena on Constitutional Grounds

by Jones Day on

On June 21, 2017, a New York appellate court curtailed on constitutional grounds an investigative subpoena issued by the New York Attorney General. In the Matter of Evergreen Assoc., Inc., 54 N.Y.S.2d. 135 (App. Div. 2017)....more

Developments in the U.S. Tax Treatment of UK Charities

by DLA Piper on

The Internal Revenue Service has revoked the U.S. tax exempt status of 195 prominent UK charities by posting their names on a website. These UK charities will find it harder to attract support from U.S. individuals and...more

Corporate Law & Governance Update - August 2017

by McDermott Will & Emery on

A new article published in the Harvard Business Review confirms that the preservation of reputation continues to be a significant motivating concern for individual board members. This is a factor that should be taken...more

Failure to Disclose Adjusted Basis on Disclosure Form Costs Taxpayer $33M+ Charitable Deduction

by Charles (Chuck) Rubin on

Under Treas. Regs. §1.170A-13, taxpayers making substantial noncash charitable contributions are required to disclose information regarding the contribution on Form 8283. ...more

Court Holds That Board Of Trustees Of A Nonprofit Do Not Owe The Same Duties As A Trustee Of A Trust

by Winstead PC on

In Young v. Heins, Young brought third-party claims against the board of trustees of a nonprofit home owner association for breach of fiduciary duty, breach of the duty of good faith and fair dealing, breach of contract,...more

Who Needs Parliamentary Procedure Anyway? Part 1

I know the blank stares and incredulous looks very well. “Parliamentary what?” “Oh, Robert’s Rules . . . . right. I think I’ve heard of that. Does anyone actually use that stuff anymore?” Well, actually . . . yes. Yes,...more

5 Ways to Fail at Leading a Meeting

The reputation of the president, chairman, or CEO may (unfortunately) depend on his or her ability to run a meeting. Whether the gathering is big or small, scheduled or impromptu, people want the person in charge to preside...more

An Overview of Private Charitable Foundations

by Nexsen Pruet, PLLC on

A private foundation is a powerful tool for charitable giving. It is means of advancing your individual, family, or corporate mission and legacy through supporting those causes which you value the most....more

Massachusetts Issues Industry Letter On Applicability of MLO Licensing to Individuals Employed by Nonprofit Entities

by Ballard Spahr LLP on

On June 15, 2017, the Massachusetts Division of Banks (Division) issued an industry letter to clarify when an employee of a nonprofit agency is required to obtain a mortgage loan originator (MLO) license. The Division...more

How to Take Minutes in 4 Easy Steps

If you’ve been tasked with taking minutes, the parliamentarian says to take heart. Here’s a four-step guide (with a bonus tip) to streamline your job....more

Parliamentary Procedure Quick Guide: How to Make Motions

Let’s start with an “according to Robert’s Rules” definition. A motion is a proposal that an organization, board, or committee take a specific action (according to Robert’s Rules of Order and other parliamentary procedure...more

4 Myths About Robert’s Rules and Quorum – And Why the Truth Matters

Almost everyone can define the basic parliamentary procedure concept of “quorum” – the number of members needed at a meeting to take valid action. Dig a little deeper in Robert’s Rules, though, and you’ll find some common...more

How to Keep it Brief: The No. 1 Secret to Shortening Your Meetings

No one likes sitting in a meeting any longer than necessary. So here’s the best kept secret for shortening a meeting: bypass debate on non-controversial motions. ...more

Nonprofits: Beware of Antitrust Troubles

On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more

EEOC Sues Connections CSP For Disability Discrimination

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

New Revenue Recognition Standard – Part IV: Determining the Transaction Price

by Thomas Fox on

This week I am exploring the Financial Accounting Standards Board (FASB) issued Accounting Standards Update No. 2014-09, Revenue from Contracts with Customers (Topic 606), for public business entities, certain not-for-profit...more

Corporate Law & Governance Update - July 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: EMERGING NONPROFIT CONTROVERSY - Health system general counsel...more

Still More Changes Affecting Not-For-Profit Corporations

by Kelley Drye & Warren LLP on

In 2016, New York amended its Not-For-Profit Corporation Law once more, building upon the New York Non-Profit Revitalization Act of 2013 (“the Act”), and the changes (“the Amendment”) took full effect as of May 27, 2017. This...more

Condominium Issue with Long-Term Tax-Exempt Bond Financing

by Ruder Ware on

We recently helped a client complete long-term tax-exempt bond financing of a portion of a mixed-use condominium. These projects raise interesting issues. Long story short, if you find yourself in a similar situation, you...more

Charitable Giving Strategies

by Bowditch & Dewey on

If you have been looking for ways to give back this summer, you might want to try something different. The majority of people donate to charitable organizations through gifts of cash, but this may not be the most...more

Changes to Financial Reporting Requirements for Associations

On June 23, 2017, Governor Scott approved House Bill 6027, which provides substantively identical changes to the annual financial reporting requirements for condominium, cooperative, and homeowners’ associations....more

Tax-Exempt Financing of Churches, Parochial Schools and Other Sectarian Institutions After Trinity Lutheran Church: Permitted? ...

The U.S. Supreme Court’s June 26 opinion in Trinity Lutheran Church of Columbia, Inc. v. Comer, precluding states from discriminating against churches in at least some state financing programs, raises anew the question of...more

Legislature Poised to Open Up Medical Marijuana Licensing to For-Profits

by PretiFlaherty on

Last week, the Massachusetts House voted 126-28 to make major revisions to Chapter 334 of the Acts of 2016. That’s the law allowing recreational use of marijuana, which was enacted via an initiative petition on the November,...more

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