By NEO Law Group
Charitable nonprofits organizations must comply with state prudent investment laws that apply to their investment assets. In California, as is the case in 49 of the 50 states, the Uniform Prudent Management of Institutional Funds Act (UPMIFA) sets the rules. Note that there may be some (mostly minor) variation among state laws, but we’ll specifically […]
Generally, 501(c)(3) organizations can make grants to individuals and to businesses if such grants are made in furtherance of their 501(c)(3) tax-exempt purposes and are not expended in a manner inconsistent with 501(c)(3). In Part One of this series, we focused on mission-consistency, charitable class, and prohibited private benefits. In Part Two, we looked more specifically at a […]
Many charities and foundations have sought to make grants to individuals and grants to businesses that have been severely impacted by the COVID-19 crisis. With close to 2.3 million confirmed cases of COVID-19 and about 45 million persons claiming unemployment in the U.S. over the past few months, the need is certainly there. But there […]
2019 was an eventful year for the world and for the nonprofit sector. For us at NEO Law Group, Erin Bradrick and I became Co-Principals of our firm and developed a Business of Nonprofits course for Columbia University, and Michele Berger had the biggest news of all. Here are some highlights and articles from NEO […]
The following are some of the highlights from Day One of the WCTEO 2019. Washington Update Sunita Lough (IRS, Deputy Commissioner for Services and Enforcement and former commissioner of the Tax Exempt and Government Entities division) discussed the IRS’s shift to enforcement with better data analytics (to select the “right” cases). As an example, she […]
Earlier this month, at the American Bar Association Fall Tax Meeting, the San Francisco Study Center released the 3rd edition of Fiscal Sponsorship: Six Ways to Do It Right, authored by Greg Colvin and Stephanie Petit. This is a complete revision of the seminal book on relationships it coined fiscal sponsorship and should be available […]
Earlier this week, I had the privilege of guest lecturing to Scott Curran‘s Lawyers as Social Innovators class at Chicago-Kent College of Law at the Illinois Institute of Technology. The following is an excerpt of my notes for the class: Nonprofit Scandals Heard any juicy stories this summer? MIT Media Lab and Jeffrey Epstein, Varsity Blues and […]
Filmmakers who seek philanthropic or public funding to support their works may be considering fiscal sponsorship as a vehicle for obtaining such funding. And fiscal sponsorship can be of great value to a filmmaker. But it’s also a misunderstood and widely misapplied area of law that can create risks for filmmakers and their fiscal sponsors. […]
The quick and admittedly general answers (because there are exceptions) are: (1) yes, a nonprofit can own a for-profit; and (2) no, a for-profit cannot own a nonprofit, but it can select all of the nonprofit’s board members and thereby largely control the nonprofit. Can a Nonprofit Own a For-Profit? A nonprofit can own all […]
Despite many people’s belief that grantmaking is restricted to entities known as foundations, public charities can and many do engage in grantmaking. This post focuses on grantmaking by public charities and generally does not address the more restrictive rules applicable to private foundations. Terminology Part of the confusion lies with how we colloquially refer to […]