By NEO Law Group
Congratulations on your first year as a nonprofit corporation exempt under Section 501(c)(3) of the Internal Revenue Code! Your first anniversary is a notable milestone and a chance to take a quick look back as it relates to moving forward with impact and compliance. This post is written partly...
While it may seem intuitive for a 501(c)(3) nonprofit to openly accept gifts without question, certain gifts can result in consequences that harm the nonprofit’s mission, drain its finances, and/or damage the nonprofit’s reputation. In order to avoid such consequences, it’s best practice for nonprofits to adopt a Gift Acceptance...
I’ll be on Tony Martignetti’s Nonprofit Radio podcast speaking with Tony in Part II of our two-part discussion on nonprofit risk management. You can find our post on Part I, focusing on indemnification, here. While we focused mostly on legal risks, there are other risks that can be equally or even...
I spoke with host Tony Martignetti on his Nonprofit Radio podcast about indemnification as Part I of our two-part discussion on nonprofit risk management. This follows a recent post we published on indemnification provisions in Bylaws. But on this program, we were able to discuss indemnification in the contexts of both governance...
I attended a seminar hosted by Exponent Philanthropy where the presenters discussed a unique approach to grantmaking that they referred to as “Catalytic Grantmaking.” The presenters suggested that many of the steps in what they identified as the “traditional grantmaking” process could be ignored to produce a quicker and...
Nonprofit corporations may decide to merge for many reasons, including to better advance a common purpose or to expand the range of services offered to common beneficiaries. Generally, in a simple 2-party merger between A (the surviving corporation) and B (the merging corporation also referred to in the law...
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...
Nonprofits are subject to laws with which they must comply or face the possibility of legal penalties. But they are also subject to ethical expectations from their key stakeholders. Certainly, many ethical standards are codified in the law. For example, compensating an executive of a charity an excessive amount...
Sexual harassment has long been an epidemic whose immense scope we, as a society, have only recently recognized. No industry has been spared, as Hollywood, government, media, food, tech, and nonprofits have struggled, and continue to struggle, with sexual and other harassment scandals. Harassment in the workplace harms more...
Nonprofit risk management is an investment, not an expense. I recently had the pleasure of being interviewed by Risk Alternatives CEO Ted Bilich on how and when nonprofits should use a lawyer. The podcast is available here. Topics Lawyers’ Disclaimers Why do lawyers usually want to profess that they are...
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