Yesterday, I had the honor of participating on a panel discussing fiscal sponsorship at the 2014 Grantmakers in the Arts 2014 Conference in Houston. Frances Phillips (Walter and Elise Haas Fund), Melanie Beene (consultant, former CEO of Community Initiatives), and Ian David Moss (Fractured Atlas) were my co-panelists, and we were...
FISCAL SPONSORSHIP
Fiscal sponsorship describes a number of varying contractual relationships that have through custom and practice developed between “sponsors” and “projects,” allowing charitable projects to receive deductible contributions. Having a charitable project fiscally sponsored by a sound and reputable fiscal sponsor may be an attractive alternative to starting a nonprofit, especially when an idea is being tested or incubated. There are several ways to properly structure such relationships, and it is important to get it right from the start. There are also a number of traps that can leave a project’s leaders vulnerable to losing typical rights associated with fiscal sponsorship, including the right to transfer the project to another 501(c)(3) entity, and/or losing funds raised for the project’s mission.
Fiscal Sponsor Due Diligence
Fiscal sponsorship describes a relationship between an individual or group who have initiated a charitable project, and an existing tax-exempt organization that has agreed to support said project. In the most common form of fiscal sponsorship, “Model A” or comprehensive fiscal sponsorship, the sponsor brings the project in-house. The...
Nonprofit Limited Liability Company
A limited liability company (LLC) is a legal form of enterprise, owned by one or more members, that may be organized and operated for a wide variety of purposes, including charitable purposes. One of the major advantages of an LLC is the limited liability protection it offers to its members....
New California Law Affecting Fiscal Sponsors
California nonprofits serving as fiscal sponsors (and potentially any California nonprofits with negative unrestricted net assets) must be aware of the new law that may require them to maintain directors’ and officers’ liability insurance and disclose annually to the Attorney General how they comply with their charitable trust responsibilities....
Fiscal Sponsorship on Nonprofit Radio
On Friday, 10:30 am PT, Emily and I will be discussing fiscal sponsorship with Tony Martignetti on Nonprofit Radio. What is fiscal sponsorship? Why is it important as an alternative to starting a nonprofit? How do you enter into a proper fiscal sponsorship arrangement? Make sure you catch the...
Fiscal Sponsorship & Dormant Projects – Part II: Removing Dormant Projects from the Sponsor’s Books
As discussed in Part I, when to remove an inactive fiscally sponsored project from the books is a critical discussion for fiscal sponsors given the various liability risks they face by allowing defunct projects to fly under their radars. Here, we will address some key considerations for fiscal sponsors...
Fiscal Sponsorship & Dormant Projects – Part I: Liability Risks
At the recent “Understanding Fiscal Sponsorship in the Arts" workshop sponsored by the Creative Capacity Fund, an audience member in our legal issues workshop asked about the appropriate length of time to keep dormant projects on the fiscal sponsor’s books. While there is no legally mandated timeline, boards of fiscal...
Understanding Fiscal Sponsorship in the Arts – Creative Capacity Fund
On Monday, Gene and I had the pleasure of speaking at the “Understanding Fiscal Sponsorship in the Arts” workshop in San Francisco sponsored by the Creative Capacity Fund. There was an overwhelming attendance with over 150 registered participants comprised of current fiscal sponsors and fiscally sponsored projects as well...
Incubating a Nonprofit Social Enterprise
How can we incubate an innovative, profit-making nonprofit project? As covered in our last post, Starting a Self-Sustainable Nonprofit, it may be possible and advantageous to operate a sustainable, profit-making, charitable project as a nonprofit organization. If this route is chosen, the leaders should ensure that the organizational,...
Fiscal Sponsorship is Maturing as a Field
There is a terrific article on fiscal sponsorship written by Melanie Beene, President and CEO of Community Initiatives*, in the Fall 2010 issue of GIAreader (published by Grantmakers in the Arts). In "Fiscal Sponsorship is Maturing as a Field," Beene describes the evolution of the practice of fiscal sponsorship...