There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies... View More

Depending on the specifics of your case, it would probably be advisable to draw up amended articles of incorporation and new bylaws for the Pennsylvania nonprofit. This is because Pennsylvania's laws and California's nonprofit laws are not identical, and it is likely that when your... View More

Probably not. I assume from your description of the nonprofit's mission that this is a 501(c)(3) and is incorporated in California as a charitable public benefit organization.

This is an example of what the IRS would call "private inurement." An organization can only be a... View More

Your question raises the questions of "private inurement" and "self-dealing." One can be taken care of with careful planning, one could result in major penalties from the IRS.

You mention that you are grant writer, which leads to me believe that your potential nonprofit... View More

Here are some options for you to find a nonprofit organization attorney who might be able to help.

First, you might refine your Google technique. Try specifically searching for a "nonprofit organization attorney." That might filter out some of the criminal lawyers and family... View More

You probably need to look at a couple documents and a couple provisions of the law to know what legal effect the mass resignation caused.

First, find copies of your governing documents. If your HOA is a corporation (most are), you are looking for your Articles of Incorporation and your... 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

There is nothing to prevent the treasurer from serving on the board of directors in Tennessee, assuming that there is nothing in the bylaws that would prevent this.

The only requirement for serving on the board under the Tennessee Nonprofit Corporation Act is that “All directors must be... View More

There are several issues at play here, and not enough information to give a complete answer. But here are some thoughts.

You ask whether the nonprofit can "give" to the CEO's business. What do you mean by "give?" If the nonprofit is granting money to a for-profit... 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

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

You will want to look at the certificate of incorporation and the organization's by-laws.

Under New York law, the by-laws "may contain any provision relating to ... the rights or powers of its members." In general, New York law recognizes that the members may vote for the... View More

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.

Under Missouri law, the Sunshine... View More

Unfortunately, the email vote is not valid under Florida's nonprofit corporations act because there was not unanimous consent.

Florida allows board action to be taken in three ways: (a) a physical (in person) meeting, (b) a meeting by electronic communication "through the use of,... 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

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

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

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