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
Tim Mooney… Welcome to the Nonprofit Law Podcast Your guide to the laws impacting nonprofits. Shownotes…. nplawcast.com Email the show
News & Notes - From the Nonprofit Law Blog (tim-mooney.com/lawblog) - Senate deepens financial review of television ministries – NBC is reporting that the Senate Finance committee is renewing its demands for certain churches to provide detailed financial information. The letters sent today are a follow-up to letters sent last year to a virtual who’s who of large televangelist ministries, including Benny Hinn and Kenneth Copeland. - IRS reaches out to charities to aid in economic stimulus – The IRS is encouraging various partners and stakeholders such as charities, churches and governmental organizations to assist in efforts to reach out to those Americans who may be eligible for the 2008 economic stimulus payment but who normally have no requirement to file a tax return. People who receive certain Social Security, Veterans Affairs, Railroad Retirement or wages from earned income or combat pay may be eligible and not know it.
Joining a nonprofit board - Duties of care, loyalty, and obedience - duty of care is the duty to pay attention to the organization—to monitor its activities, see that its mission is being accomplished, and guard its financial resources. - duty of loyalty is the duty to avoid conflicts of interest - In cases of potential conflict of interest, directors must act to preserve and enhance public trust in the organization by putting the interests of the organization ahead of all other business and personal interests. - Watch out for self dealing! - duty of obedience is to carry out the purposes of the organization and to comply with the law. - Before you say yes and join the board, do your homework - Know the bylaws - Know the expectations (financial goals for board members, etc.?) - Know how you protect the organization (insurance coverage sufficient? etc.)
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
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.
Closing
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.