Question Whether a director of a nonprofit public benefit corporation who brings an action on behalf of the nonprofit public benefit corporation can lose standing to pursue its claims if the director is not reelected during the litigation? Answer Yes. The statutory scheme and public policy considerations require a...
The Supreme Court of the United States ruled on July 1 that California could not mandate the disclosure of major donors by charities to the State even though such disclosure is already required to be made to the Internal Revenue Service (IRS). The 6-3 decision in Americans for Prosperity...
California nonprofit corporations (and foreign nonprofit corporations operating in California) should be aware of several recent changes that impact filings with the California Secretary of State (SoS). SB 522 Filings with the SoS must include the entity name and number as they exist on the Secretary of State’s records....
California Alliance for Arts Education and Californians for the Arts held a briefing on AB 5 and its implications for the arts field on March 3, 2021. Attorney Arlene Yang of Meyers Nave provided an overview of AB 5 and the follow-up bill AB 2257 and described how they...
CA Secretary of State As of January 1, 2021, filings with the Secretary of State by a domestic (CA) corporation or a foreign corporation that is qualified to transact business in California must include the entity name and entity number as they exist on the Secretary of State’s records....
Here are some updates from the California Franchise Tax Board (FTB) affecting nonprofit tax-exempt organizations: Changes Effective January 1, 2021 Form 3500 Application Fee Eliminated – Form 3500 applications received on or after 01/01/2021 will no longer require the $25 application fee. FTB will use the received date as...
The following are some of the highlights from the session on Nonprofits in Distress at the 2020 Western Conference on Tax Exempt Organizations (WCTEO), presented by Erin Bradrick (NEO Law Group), Ofer Lion (Seyfarth Shaw), Tania Moyron (Dentons), and Stephanie Petit (Adler Colvin): Zone of Insolvency, Bankruptcy, and Debt Restructuring Under...
The following are some of the highlights from the session on Charitable Purpose in the 21st Century at the 2020 Western Conference on Tax Exempt Organizations (WCTEO): Historical context: Rev. Rul. 71-447: “All charitable trusts, educational or otherwise, are subject to the requirement that the purpose of the trust...
Earlier this month, the California Office of the Attorney General (“AG”) published Charity Governance During the COVID-19 Pandemic. Here are some excerpted highlights from the publication applicable to California nonprofit corporations with some comments: Emergency Provisions Unless prohibited by the nonprofit’s emergency bylaws, the following actions can be taken...
Effective February 1, 2020, the California Attorney General’s Registry of Charitable Trusts will require charities and professional fundraisers to use new and amended forms. These new forms are now available on the AG Registry Forms webpage and may be used now (as of the date of this post). Significant...