A Google search turns up injury lawyers, criminal and family lawyers, but not even one that specializes in business law and there is no state association of nonprofits in Arkansas. We are looking for someone to turn to in order to stay current on laws concerning nonprofits and/or to serve on our... View More
You will want to consult with Articles of Incorporation and the Bylaws to know whether this was permitted. The law only says that "regular" meetings of the board "may be held without notice of the date, time, place or purpose of the meeting" unless the articles or bylaws have a...View More
I'm on the board of a animal welfare/rights organization and the CEO has a side business where he only provides foods that our vegan. Can the non profit where he is the CEO/President give to his food service since it involves not eating animals to go towards his food business if all of the... View More
It is very difficult to function as a nonprofit and also as an LLC. The essential nature of an LLC is that the money left over at the end of the year gets distributed to the members, who are essentially the owners of the LLC. The essential nature of a nonprofit is that nobody is allowed to get the...View More
I work as a bar manager (as a paid employee) for a nonprofit 501c3 organization that hosts a theatre festival every summer. During the festival we have a handful of volunteer bartenders. We have run into an issue where the jars put out in the past have always been claimed by the organization as... View More
You have an interesting question, and a full answer would require looking at individualized details of your organization and the people who are both working and volunteering for it. But here are some things that you might consider.
As you point out, the general rule is that tips left for an...View More
Do we have to follow Sunshine Law in respect to posting meeetings, request for documents (copy of meetings, etc) given that we receive monthly payments from our local city government and have received federal grant money in the past?
The answer to this question will depend on looking closely at the facts of the chamber's relationship with the city. The receipt of some payments or grants, by itself, is not the issue. The question is the relationship between the chamber and the city.
The Board of Directors held many properly noticed meetings regarding the creation of Covenants, Conditions and Restrictions, but the Chairman decided to hold a vote via email instead of properly noticing and holding a meeting to pass what was supposed to be the FINAL document. Most of the Board... View More
Local Tax Exempt Organization IRS 501(c)(3) - how should a Board of Directors be constructed? I am worried about losing control of entity. What defensive measures can be instituted to prevent loss of voting control? I am the founder of the entity. This will be a big entity someday- tremendous... View More
You ask a question that many founders of nonprofits ask. And lawyers who work with nonprofits inevitably deal with the situation that you fear: a board of directors who develop a different view of the direction to take the organization than the founder's view, resulting in strife and board...View More
The requirement for three unrelated directors is not a hard and fast rule. It is true that the IRS's Technical Guidance (the internal document that IRS uses to guide its revenue agents if they find themselves auditing a 501(c)(3)) teaches their agents that a small board of related people might...View More
A disgruntled board member is asking for an ungodly list of documents, photographs, financial records, minutes, member rosters etc. because he is upset about something that happened a year ago. This is diverting the chambers focus away from helping the community and we are now spending all of our... View More
This is a nuanced question. But to summarize the following: (a) he probably does not have a right to inspect and copy under Section 1602; (b) but he does have a right to inspect and copy under a different section (Section 6334); (c) you probably are not required to make copies for him, and can...View More
I don't have anyone to become an agent to receive mail etc. The organization's bank acct is also in Indiana. What would be the cost and difficulty to make the transfer of the organization from IN to FL? Any other suggestions?
You basically have two choices. The first option is to start a new not for profit in Florida and wrap up the Indiana nonprofit. The second option is to leave the Indiana nonprofit in place and to file paperwork with the Florida to operate as a "foreign not for profit" in Florida. Which...View More
The general rule for public benefit corporations is that "Any member may authorize another person or persons to act by proxy with respect to such membership." Corp Code Sec 5613(a). However, that section says that "this right may be limited or withdrawn by the articles or bylaws,...View More
A member is requesting FY2021 Annual Financial report, all financial records for FY22 including incoming funds, and outgoing funds (checkbook stubs/ledger), money market balance, and "bottom line" total assets as of now (checking, money market, CD's and anything else).
Let's start with the FY21 financial report. Under Georgia law, a nonprofit corporation "shall furnish" a member with a copy of "its latest prepared annual financial statements ... in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year...View More
It's very unlikely that you need to file anything with the state to add new directors. It is likely that your 501(c)(3)'s bylaws contain a provision that sets out the minimum and maximum numbers of directors and how the directors are chosen. To add new directors, your most likely course...View More
We are an unincorporated association with members that do philanthropic work in the community. We want to unify with our sister entity, a public benefit corporation which manages the property we and other community groups use for meetings. The members of the public benefit corporation are the... View More
An unincorporated association does not need permission from the Secretary of State to give away its property and dissolve, but an unincorporated association that exists for charitable purposes almost certainly needs to get permission from the Attorney General's office. Groups that have assets...View More
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