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Donors Charitable Organizations

Faegre Drinker Biddle & Reath LLP

Georgia and Kentucky Allow Donor Standing for Endowment Violations, While Similar Efforts Are Pending in Ohio and Vermont

Georgia and Kentucky Allow Donor Standing for Endowment Violations - On April 9, 2024, Kentucky’s governor signed Senate Bill 70, which will take effect on July 15, 2024, and will amend Kentucky’s version of the Uniform...more

Partridge Snow & Hahn LLP

Massachusetts and Rhode Island Charities: Unlocking Restricted Funds

For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is in the normal course of business. While these restricted funds are quite common, their usefulness can occasionally become...more

Bowditch & Dewey

Modifying or Lifting Charitable Fund Restrictions

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Restricted funds are monies donated or bequeathed to a charity or non-profit organization such as a museum that come with limitations imposed by the donor on the investment, management or use of the funds. Examples include a...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Faegre Drinker Biddle & Reath LLP

Missouri Court Allows University to Reclassify Restricted Endowment Funds Under UPMIFA

Earlier this month, a Missouri state court allowed Webster University to reclassify various donor-restricted endowment funds as unrestricted endowment funds so the funds could be held as collateral to help Webster meet a 75%...more

Faegre Drinker Biddle & Reath LLP

Kansas Allows Donor Standing Under UPMIFA, But Similar Effort Falls Short in Ohio for Now

Kansas Allows Donor Standing Under UPMIFA - Kansas’ Donor Intent Protection Act took effect this summer on July 1, 2023, amending Kansas’ version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA,...more

Venable LLP

[Webinar] Grant Agreements: What to Include and What to Look Out For - January 26th, 12:30 pm - 1:30 pm ET

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As charitable grant making becomes more sophisticated and program oriented, granting organizations are employing increasingly complex and comprehensive grant agreements. In addition to standard terms describing grant amounts...more

Warner Norcross + Judd

Charitable Giving – It’s Not Just for December

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At the end of the year, many people think about giving to charities, especially people who are seeking additional tax deductions. In fact, statistics show that as much as 30% of charitable giving is done in the last month of...more

Verrill

Charitable Promotions, Commercial Co-Ventures, Donors Choose, Round-Up, and Peer-To-Peer Solicitations

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It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. ...more

Snell & Wilmer

U.S. Supreme Court Finds California Disclosure Requirement Unconstitutional as Infringement on First Amendment Associational...

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On July 1, 2021, the U.S. Supreme Court issued a 6-3 decision, holding that California’s blanket demand for charities to disclose donor information to the state Attorney General (AG) is facially unconstitutional.2 In addition...more

Proskauer - Tax Talks

The Impact of Americans for Prosperity Foundation v. Bonta on Donor Disclosure Laws

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On July 1, 2021, the Supreme Court struck down a California donor-disclosure law as facially unconstitutional in its decision in Americans for Prosperity Foundation v. Bonta. The law required nonprofits operating or...more

Wiley Rein LLP

Supreme Court Reaffirms First Amendment Protection For Associational Privacy

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In one of its final decisions of its recent term, the U.S. Supreme Court strongly reaffirmed heightened First Amendment protection for associational privacy. The Court ruled (6-3) that government-mandated disclosure of the...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Invalidates California Schedule B Disclosure Law

On July 1, the Supreme Court issued a major decision concerning nonprofit donor disclosure laws and the First Amendment. In Americans for Prosperity Foundation v. Bonta, No. 19-251, the Court held that a California law...more

Dorsey & Whitney LLP

The Supreme Court - July 1, 2021

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Brnovich v. Democratic National Committee, No. 19-1257: The Democratic National Committee and other affiliates brought a suit challenging two Arizona voting restrictions as violating §2 of the Voting Rights Act (“VRA”)....more

Foley & Lardner LLP

Event Tickets May Constitute Self-Dealing

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As private foundations and other charitable organizations look forward to the end of the coronavirus pandemic and the return of in-person events, it may be a good idea to review the self-dealing rules involving event tickets...more

Wiley Rein LLP

Political Privacy Update: Supreme Court to Hear Two Donor Privacy Cases From California

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On January 8, the U.S. Supreme Court granted certiorari in two donor privacy challenges to California’s compulsory donor disclosure for nonprofit organizations. The first is Americans for Prosperity Foundation v. Xavier...more

Nossaman LLP

New IRS Rule Allows Many Nonprofits to Withhold Donor Information From the IRS

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On May 26, 2020, the U.S. Treasury released Final Regulations on donor disclosure requirements that shield many nonprofits – except 501(c)(3) charities and 527 political organizations – from the requirement to disclose the...more

Lathrop GPM

Borrowing from the Future? Tapping Restricted and Endowment Funds in a Down Economy

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As the effects of COVID-19 on the economy and our societal needs present challenges to nearly every nonprofit organization, some organizations are considering how their endowment and other restricted funds may be deployed to...more

Nilan Johnson Lewis PA

Can Donors Control How A Charitable Endowment is Used? MN Court of Appeals Concludes No

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A recent Minnesota Court of Appeals decision affirmed that funds like endowment funds, held by charitable organizations, will generally be considered gifts and not contracts. Case Background - In 2004 and 2008, Mr....more

Proskauer - Proskauer For Good

Does the GDPR Impact How Charitable Organizations Solicit Donors?

Six months after implementation of the European Union’s General Data Protection Regulation (“GDPR”), many charitable organizations are still struggling with compliance. Our pro bono clients frequently ask whether consent is...more

Robinson+Cole Health Law Diagnosis

OIG Rescinds Advisory Opinion Due to Requestor’s Failure to Disclose Information

On November 28, 2017, the Office of Inspector General (OIG) rescinded advisory opinion 06-04, in which it had previously determined that a charity’s (Requestor) proposal to provide assistance to financially needy Medicare...more

Partridge Snow & Hahn LLP

Don’t Worry: The IRS Isn’t Asking Santa for your Donor’s SSNs

Recently, you may have received emails and alerts concerning proposed IRS regulations requiring charities to disclose donor Social Security Numbers ("SSN"). While donor privacy is a major concern, the proposed regulation...more

Foster Garvey PC

Is Your Charitable Contribution Safe?

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In a soon-to-be-released article, Charities in Financial Distress: The Impact of Bankruptcy on Donor-Restricted Funds, Richard Fox, Jonathan Blattmachr, and Benjamin Bolas explore one aspect of bankruptcy filings by...more

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