We have recently seen an increasing number of transactions involving the sale of charitable assets to for-profit entities. While generally permissible if conducted properly, these sales raise a number of legal issues at both the federal and state levels that must be considered. Where the transaction is motivated in...
In our previous post on California Nonprofit Articles of Incorporation, we noted that filing of the Articles effectively forms the corporation. As a corporation evolves over time, provisions in the original Articles may no longer accurately describe what is desired by the corporation’s leaders. When that happens, it becomes...
A California nonprofit corporation is formed by the filing of nonprofit articles of incorporation (Articles). There are three types of California nonprofit corporations: public benefit corporations, mutual benefit corporations, and religious corporations. Because they are governed by different laws, the Articles must reflect the appropriate type. In this post,...
The Charitable Trusts Section of the California Department of Justice published the Attorney General’s Guide for Online Charitable Giving in July 2019. The Guide consists of four sections: Introduction: How and Where Can You Give to Support Charities Online? Research Before Donating Duties and Best Practices for Charitable Fundraising...
On June 5, 2019, the Department of Justice (DOJ) published notice of modifications to the text of the proposed amendments to California Code of Regulations and certain charity-related registration forms. We wrote on the original proposed amendments to the initial registration Form CT-1 and annual registration renewal Form RRF-1...
California Assembly Bill 1181 (AB 1181), introduced by Assembly Member Monique Limón (D – Santa Barbara) on February 21, 2019, generally provides for valuation of a noncash contribution received by a charitable organization that is restricted by the donor from being used domestically based on its fair market value in the...
An appellate court in California held that a director of a California nonprofit public benefit corporation who had standing to sue the corporation and sue another director for self-dealing did not lose standing after she was removed. In Summers v. Colette, 2019 Cal. App. LEXIS 347, the court differentiated...
California Assembly Bill 1338, introduced by Assembly Member Jacqui Irwin (D) on February 22, 2019, adds a requirement to meet the definition of a community foundation for the purpose of a Chapter of the Planning and Zoning Law regarding agency authorization of special entities, including community foundations, to hold...
California Assembly Bill 1539 (AB 1539), introduced by Assembly Member Jacqui Irwin (D) on February 22, 2019, provides for new laws governing crowdfunding without actually referencing crowdfunding as a defined term. It is the successor to Irwin’s earlier bill, AB 2556, which defined the terms charitable crowdfunding solicitation and...
California Assembly Bill 1712, introduced by Assembly Member Buffy Wicks (D-Oakland) on February 22, 2019, expresses “the intent of the Legislature to enact legislation that would relate to donor advised funds for the purpose of improving transparency and accountability through annual reporting requirements, promoting best practices, and requiring minimum...