News & Analysis as of

Nonprofits Bylaws

Ward and Smith, P.A.

I Still Have Not Found What I Am Looking For: Finding the Right Records

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Although a nonprofit corporation does not have to file an annual report, its members do have statutory inspection rights similar to those of the shareholders of a business corporation. Rarely, however, do members or the board...more

Venable LLP

Nonprofits Managing Risk for Youth Programs: Ten Key Compliance Strategies

Venable LLP on

Many nonprofit organizations, such as summer camps, schools, sports leagues, membership associations, religious organizations, childcare centers, and youth clubs for various hobbies, regularly host programs involving...more

Farella Braun + Martel LLP

Nonprofit Basics: Amending Nonprofit Corporation Bylaws

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers legal aspects of amending the bylaws for a nonprofit corporation to change its governance, to update the bylaws for changes in the laws, or to...more

Freeman Law

Minnesota Nonprofit Corporations — Bread and Butter Regulatory Considerations

Freeman Law on

Most of the 50 states (and the District of Columbia) have a specific statutory regime for nonprofit corporations. Some states, such as Delaware, regulate nonprofit corporations under general corporate statutes. Over the last...more

K&L Gates LLP

Handbook for Directors of Nonprofit Corporations in the United States

K&L Gates LLP on

The Handbook for Directors of Nonprofit Corporations in the United States summarizes the duties of directors of nonprofit corporations, provides general background information regarding selected available federal tax...more

Freeman Law

Texas Nonprofit Corporations – Are these corporate records open for inspection?

Freeman Law on

This Freeman Law blog provides insight for the Texas nonprofit corporation to understand its obligations relating to the maintenance of books and records and as to when, and under what circumstances, those books and records...more

Fox Rothschild LLP

Next Steps for Nonprofits: Checking All the Boxes in Your ‘Start of the Year' Review

Fox Rothschild LLP on

This is the second of a two-part Alert to guide nonprofit organizations in preparing for upcoming filing deadlines and implementing best practices for the onset of a fiscal year. ...more

Allen Matkins

Mark Your Ballot With Care Because There May Be No Taking It Back

Allen Matkins on

Section 603 of the California Corporations Code provides generally for shareholder action by written consent, unless otherwise prohibited in the articles of incorporation.  Subdivision (c) of that statute provides that a...more

Nilan Johnson Lewis PA

Six Governance Steps Nonprofits Can Take to Advance DEI Goals

A recent study found that nonprofit boards are 78.6 percent white. That means nonprofit boards do not reflect the make-up of the American population or the constituents these nonprofits and foundations serve. The National...more

McAfee & Taft

Flexibility for Oklahoma nonprofit corporations

McAfee & Taft on

In 2019 the Oklahoma Legislature passed, and the Governor signed into law on April 16, Senate Bill 642, which made numerous and substantial changes to the Oklahoma General Corporation Act (the “Act”) primarily relating to...more

Farella Braun + Martel LLP

[Webinar] Hot Topics Facing Nonprofit Organizations and Their Advisors in 2020 - June 18th, 3:30 pm - 5:00 pm PT

Please join Cynthia Rowland and Matt Lewis for a discussion of current issues nonprofit organizations and their advisors are facing this year. Cynthia and Matt will cover: - About that nest egg—when nonprofits can, and...more

Nilan Johnson Lewis PA

How Can Nonprofits Hold Board and Member Meetings During a Pandemic?

Nilan Johnson Lewis PA on

Most nonprofit board/member meetings are governed by the below set of rules, though there are a few nonprofits subject to the Open Meeting Law. This article does not address OML issues....more

Farella Braun + Martel LLP

End of a Decade – Checklist for California Nonprofits

As 2019 comes to a close, we thought about our customary note to nonprofit officers and directors to take a few moments to confirm that important year-end responsibilities have not been overlooked. But since this year's end...more

Partridge Snow & Hahn LLP

9 Important Questions To Ask Before Joining A Nonprofit Board

You are ready to join a nonprofit board so you can help support the good work that it does. Do you know the risks associated with serving in this important role?  ...more

McDermott Will & Emery

Corporate Law & Governance Update - April 2019

McDermott Will & Emery on

DIRECTORS AS VENDORS - A new controversy at a large health system highlights the legal and reputational challenges that can arise when directors sell services to the organizations they serve as fiduciaries. According to...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2017 – 2018

A review of key legal developments at the federal and state levels for nonprofit organizations - Federal government and private antitrust enforcement continues against nonprofits. ...more

Ward and Smith, P.A.

Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus

Ward and Smith, P.A. on

Most community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is necessary on an annual basis to elect the Board...more

Ward and Smith, P.A.

What is a Community Association? Unwrapping the Riddle

Ward and Smith, P.A. on

There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a clear understanding of what the heck the community association...more

Foley Hoag LLP

Recent Governance and Gift-Giving Guidance from the Non-Profit/Public Charities Division

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The Non-Profit Organizations/Public Charities Division of the Office of the Attorney General (the “Division”) recently released helpful guidance regarding (i) good governance of charitable organization and (ii) the rules that...more

Patterson Belknap Webb & Tyler LLP

NPRA Redux: Proposed NPCL Amendments Approved by Senate and Assembly

The New York State Assembly and Senate have passed a bill that, if signed by the Governor, would amend the Not-for-Profit Corporation Law (the “NPCL”) and the Estates, Powers and Trusts Law (the “EPTL”) to clarify and refine...more

Adler Pollock & Sheehan P.C.

Maintain Separation Between A Nonprofit And The Foundation That Supports It

A nonprofit corporation is a business with assets and liabilities just like any other business. When a nonprofit runs into financial trouble, its creditors usually do the same thing as creditors of a for-profit business: ...more

Stinson LLP

In Avera Marshall Medical Staff Bylaws Dispute, District Court Rules in Hospital's Favor on Remand - Ruling affirms that boards of...

Stinson LLP on

On remand from a decision by the Minnesota Supreme Court, the Lyon County District Court recently ruled that Avera Marshall Regional Medical Center’s Board had the authority to amend the hospital’s medical staff bylaws and...more

Farella Braun + Martel LLP

Law Defining Nonprofit Directors’ Voting Rights to Take Effect in January

The bylaws of many California nonprofit corporations refer to “ex officio” directors, typically by reference to the chief executive, the executive director, or sometimes a representative of another entity. The term “ex...more

Cooley LLP

No Delaware Court Decision Re Fee-Shifting Bylaw On An As-Applied Basis

Cooley LLP on

It now appears that the Delaware court will not address the as-applied validity of a fee-shifting bylaw in the case involving Hemispherx. (As discussed in this post and this Cooley Alert, the Delaware Supreme has already...more

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