An OpenAI-Inspired Nonprofit Law Story – Part Two

This post continues the story from Part One and is inspired by some of the drama involving OpenAI. In Part One, the board of a nonprofit that also served as the manager of a joint venture (JV) with several investors was dealing with a dilemma. On one hand they wanted to pursue their original and […]

Lessons in Nonprofit Governance from the Screen

I’ll be presenting a session at the 2023 NAAG/NASCO Charities Conference this Wednesday, October 11. The National Association of Attorneys General (NAAG) and the National Association of State Charities Officials (NASCO) are holding the Conference virtually this year. You can register through Monday, October 9, here ($100). You’ll need to attend for the pop culture […]

Starting a Nonprofit: Designators and Board Member Selection

One of the first decisions a founder of a nonprofit corporation must make is who selects the board members. Initially, that’s usually the founder or the founding group. But what happens after the initial board has been selected? Self-Perpetuating Boards Most nonprofit boards are known as self-perpetuating boards. In such structure, the board elects new […]

Nonprofits: 10 Lessons from “Ted Lasso” and “Succession”

Last week, we saw the series finales of two popular television shows that are now part of the zeitgeist: Ted Lasso and Succession. While we can enjoy both of these series as pure entertainment, I found it interesting to reflect back on them for what they may say about management and governance. Seen in the […]

California: Nonprofit Directors’ Rights of Inspection

As a board member (director) of a California nonprofit public benefit corporation, you have certain rights of inspection that allow you to access and review the corporation’s books, records, documents, and physical properties. Section 6334 of the Nonprofit Public Benefit Corporation Law and Section 8334 of the Nonprofit Mutual Benefit Corporation each provide: Every director […]

How to Make Grants to Fiscally Sponsored Projects

Many private foundations and government agencies have become comfortable making grants to support fiscally sponsored projects (FSPs). Over the past decade, fiscal sponsorship has become an increasingly familiar structure and more widely recognized as a legitimate option for supporting charitable projects. But there are still many misconceptions about how fiscal sponsorship works and how funders […]

Nonprofit Law 201 for Journalists

This post follows up on our previously published post Nonprofit Law 101 for Journalists and is intended to provide additional information to journalists and news organizations about federal tax laws applicable to 501(c)(3) organizations and common state corporate and charitable trust laws applicable to charitable nonprofits. The brief answers to the following questions are simplified […]

Entering into a Fiscal Sponsorship Agreement

Fiscal sponsorship can be an effective and efficient alternative to starting and operating a new nonprofit organization. But there are great variations in how fiscal sponsorship relationships are established and memorialized in a written agreement. One of the first areas of confusion is who enters into the agreement with the fiscal sponsor. These are the […]

Nonprofit Governance: Board Composition

A nonprofit corporation’s board composition is a critical part of its governance. And many nonprofits devote substantial resources (including time) to development of a skills and background matrix, recruitment, and orientation. But a great many nonprofits do not. Too often, board members are simply asked to think of good people to invite or the executive […]