On January 1, 2012, the District of Columbia Nonprofit Corporation Act of 2010 (the “New Act”) went into effect. As a general rule, the New Act provides D.C. nonprofit corporations with considerable flexibility to structure their corporate governance, and for the most part will not require changes to day-to-day operations. However, numerous default rules have changed under the New Act and new, more detailed provisions governing matters like director standards of conduct and liability, indemnification, member voting rights and ballot voting procedures, and numerous other topics require D.C. nonprofit corporations to familiarize themselves with the new law, and determine whether changes to their governing documents or practices will be necessary to comply. The following highlights many of the significant changes that are in store. The District of Columbia Code can be found online, below.
(1) Applicability (D.C. Code §§ 29-414.01, .02) – The New Act is applicable to nonprofit corporations incorporated in the District of Columbia. Except for some limited provisions, such as the change of filing date for the Biennial Reports and an expansion of the registered agent provisions, the provisions in the New Act do not affect foreign corporations authorized to do business in the District of Columbia.
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