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STARTING A NONPROFIT

Although the vast majority of individuals who set out to start a nonprofit do so with the best of intentions, starting a nonprofit requires much more than just good intentions.

Founders should invest meaningful time and thought in determining whether they can access the human, financial and other resources necessary to create a sustainable organization that will effectively and efficiently bring value to the public. And they should understand the various considerations and issues involved with starting and operating a nonprofit. For a Step-by-Step Guide for Starting a California Nonprofit, check out our article for CalNonprofits here.

Comparing 501(c)(3) vs. 501(c)(6) for Nonprofit Startups

Published on: June 15, 2019April 21, 2022 by Gene Takagi

A nonprofit organization organized and operated for charitable purposes may be exempt under Section 501(c)(3) of the Internal Revenue Code while a nonprofit organized and operated to promote the common business interest of its members and not to engage in regular business activities ordinarily carried on for profit may be exempt under...

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diversity

Diversity, Equity, and Inclusion in Nonprofit Bylaws

Published on: October 18, 2018October 21, 2018 by Michele Berger

Nonprofits should be at the forefront of encompassing diversity, equity, and inclusion (“DEI”) into their governance and operations. While discussions regarding DEI are increasingly prevalent in the nonprofit sector, the next, more difficult, step forward is to turn the discussions into action. How do we, as part of the...

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Serving as the Chair of the Board

Published on: March 22, 2018April 12, 2018 by Michele Berger

The chair of the board of directors (the “chair”) plays an extremely important role for a nonprofit organization. At the core of the chair’s duties, he or she generally presides over meetings of the board, collaborating with the chief executive to create a purposeful agenda and to set priorities,...

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starting a nonprofit

CEB: Representing Charitable Nonprofits: Formation and Exemption

Published on: February 23, 2018February 24, 2018 by Gene Takagi

On February 22, 2018, Erin and I recorded a webinar for Continuing Education of the Bar – Representing Charitable Nonprofits: Formation and Exemption. It’s a basic to intermediate-level 90 minute CLE program available here. Ensure you can advise clients on the special issues affecting nonprofits. This program covers how to...

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Updated Form 1023 and Form 1023-EZ

Published on: January 16, 2018February 9, 2018 by Michele Berger

Form 1023 The IRS has released an updated Form 1023, revised December 2017. Form; Instructions. For organizations submitting the full Form 1023, the user fee is now $600. The instructions indicate that organizations should refer to Rev. Proc. 2017-5, 2017-1 I.R.B. 230, or a later revision for updates to...

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Starting a Nonprofit: Voting Membership Structure

Published on: September 21, 2017September 21, 2017 by Michele Berger

The term “member” is a term of art defined in California Nonprofit Corporation Law (the “Law”). Generally, a member under the Law (sometimes referred to as a “statutory member” or “voting member”) means any person who, under a provision of a corporation’s articles of incorporation (“articles”) or bylaws, has...

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Comparing 501(c)(3) vs. 501(c)(4) for Nonprofit Startups

Published on: April 26, 2017April 26, 2017 by Gene Takagi

A nonprofit organization organized and operated for charitable purposes may be exempt under Section 501(c)(3) of the Internal Revenue Code while a nonprofit organized and operated for social welfare purposes may be exempt under Section 501(c)(4) of the Code. We are often asked about the difference between the terms “charitable”...

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El ABC de las Organizaciones Sin Fines de Lucro by Lisa A. Runquist

Published on: April 12, 2017April 22, 2017 by Gene Takagi

The ABCs of Nonprofits, now in its second edition, is an excellent resource for nonprofits, their leaders, and their advisors on many of the legal issues affecting nonprofits. Author and highly respected nonprofit organizations attorney Lisa Runquist has just made this valuable book available in Spanish. Here’s what Lisa...

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Converting a For-Profit into a Nonprofit

Published on: February 16, 2017February 16, 2017 by Michele Berger

Increasingly, for-profit corporations are expanding their goals beyond profit-maximization and pursuing social or charitable goals. For owners of some of these corporations whose sole focus becomes a charitable purpose, conversion into a nonprofit organization can provide new sources of financial and social capital. However, whether a corporation should convert...

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Two Lawline CLE Programs for Attorneys Helping California Nonprofits

Published on: January 11, 2017January 18, 2017 by Gene Takagi

We are presenting two Continuing Legal Education (CLE) programs for Lawline on Friday, January 13, 2016 that we hope California attorneys will find helpful in their representation of nonprofits:  Forming a California Nonprofit (Erin) This program will discuss the process of forming a California nonprofit entity, going through the legal...

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