The nonprofit law podcast highlights legal issues facing nonprofits. Hosted by Tim Mooney, an attorney with over a decade of experience in nonprofit law, this entertaining and informative program helps staff, officers and directors of nonprofits to understand the laws that impact their organizations.
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law
Closing Email me with questions and suggested topics Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up. Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law
Closing Email me with questions and suggested topics Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up. Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
News & Notes We’re going on holiday schedule through the end of the year… we’ll have new editions every other week through the end of the year. Happy holidays! Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
What should we be doing at the end of a fiscal year? Listener question… It’s big enough of a task to be mentioned alone: recordkeeping. It’s the law It’s a good management tool It can protect you against false accusations by others that would like to make your organization’s existence more difficult
Corporate record book
Make one if you don’t have it… a binder with all of your important docs IRS determination letter, articles of Incorporation, bylaws, and minutes of board meetings This should be permanently kept and updated when necessary Remember some of these documents must be made publicly available, so this is an important one
Lobbying and other reporting information
Keep track of hours of lobbying as a 501(c)(3) Keep track of amount of partisan activity as a 501(c)(4) You’ll need this for your 990 in the spring
Financial records
Bank statements, old Form 990s, internal reports by treasurers, etc. Keep these for at least seven years (law requires 3 for some, like the 990s)
Make sure you are keeping up with donor receipts for end of the year appeals!
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
News & Notes We’re going on holiday schedule through the end of the year… we’ll have new editions every other week through the end of the year. Happy holidays! Sign up for the free NLP newsletter… every week get the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.
When should a nonprofit amend its IRS tax return Generally, not often – since there are no refunds to consider there is usually no economic advantage to doing it Only if there is a substantial error 501(c)(3) that checks the box saying it engaged in political activity 501(c)(3) that exceeded its lobbying limits, only to later discover it did not and would like the excise taxes returned 501(c)(4) that miscalculated the amount of political activity it engaged in Other substantial errors in reporting (income, etc.) Missing schedules of a return Best practices – write “ameded return” on the top of every page of the return in addition to checking the appropriate box for amended return on page 1
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Email me with questions and suggested topics Screencast on using the Internet, podcasting and social networking for your nonprofit – go to nplawcast.com for details Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
What the heck is D&O insurance, and do we need it? Directors and Officers Insurance Does NOT cover everything under the sun Covers breaches of duty to the nonprofit by directors and officers D&O pays for “wrongful acts.” D&O insurance usually covers: * Employment-discrimination, harassment, and wrongful termination * Failure to provide services to parties * Mismanagement of assets (negligence, etc.) D&O insurance usually does NOT cover: * bodily injury * property damage * other torts on your premises/property Other insurance, (usually general liability) covers these claims. Insurance is lawyer coverage as much as it is claim coverage
Email me with questions and suggested topics Screencast on using the Internet, podcasting and social networking for your nonprofit – go to nplawcast.com for details Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
NLP News
Now a top 15 show in iTunes… thank you listeners Pass along the links to your colleagues who might be interested… 5-10 minutes per week, and I take requests on topics!
Listener request – who gets to see what?
- “For entertainment, some people in this town make trouble.” - Who gets to see bylaws, articles of incorporation, minutes, financial reports, etc? - Generally, you’re a private org and nobody has access to records other than proscribed by law - Federal tax law… we covered in ep 4 - Virtually everything else is dependent on state and local laws - Some states require additional disclosure through solicitation laws (ex. OR, WA) - Even some munis require enhanced disclosure of records if you do business with them (ex. SF) - Most states have public access to corporate records online, but not things like bylaws etc. - Bylaws rule the rest (member or public access to records, etc.)
Tips & Best practices
- Check state and local laws - Be very aware of solicitation registration rules - If someone asks for records other than ones they are entitled to, and cannot show you the legal reason why they are entitled to them, you have the right to refuse the request - Sometimes document requestors bear no ill-will (academics, etc.). Choose your battles.
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Email me with questions and suggested topics AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming soon Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
What are the changes coming for small nonprofits? - Form 990N… the “e-postcard” - Previously, tax-exempt organizations with gross receipts of $25,000 or less were not required to submit information returns. Beginning next year, they will file the Form 990N. - Short, easy and electronic - Provide a legal name and mailing address, any other names used, a Web address if one exists, the name and address of a principal officer and a statement confirming the organization’s annual gross receipts are normally $25,000 or less. Tips & Best practices
- Continue to track those finances! - Be aware there will be slightly more paperwork to file (versus none!) - Remember… organizations shouldn’t ignore filing the 990N, or they risk losing their tax-exempt status - Info on the reporting system is forthcoming… we’ll be on top of it here at the Nonprofit Law Podcast - Make sure the gross receipts are not exceeding $25,000… if so, you’ve graduated to 990EZ or 990!
Email me with questions and suggested topics AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
Fiscal Sponsors
501(c)(3)s that take a new project under its wing to offer tax advantages to the project Typical route for startup nonprofits Funds are given to the existing 501(c)(3) for it to control Agreements in place to ensure the funds that come to the fiscal sponsor are spent on the project Sponsors are legally allowed to retain a small amount of money for administrative expenses incurred Many agreements have out clauses if the project is recognized as a 501(c)(3) Tips
Make sure you have a good agreement If you are a sponsor, understand that this project is part of your organization If you are the project, find a good sponsor fit
Email me with questions and suggested topics AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
Restricted funds
Government grants – can’t lobby with the funds Statutory limits – part of a charter, sometimes limits activity Grant agreements – contractual agreements that limit use of the money
In many circumstances, the limits run with the money – if you use money from outside of that pool, you are allowed to lobby.
Example: A 501(c)(3) organization receives 40% of its funding from federal grants, and an additional 40% of its funding from private foundation grants that have a restrictive clause for lobbying as a part of the agreement. Can the organization lobby?
Answer: Yes, so long as the organization complies with the limits to lobbying as a part of its tax status.
Email me with questions and suggested topics AP audio & handbook on using the Internet, podcasting and social networking for your nonprofit coming later this summer Need more than a podcast? Tim-Mooney.com nplawcast.com
This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law.