Caveat Emptor – Legal Document Preparers
In my practice representing nonprofit and tax-exempt organizations, there are often themes that emerge. Over the last few weeks I have had a spate of calls from would be nonprofits that paid either a...
View ArticleHow to Start a Charter School in Arizona
Ellis Carter and Deanna Rader will be co-presenting a webinar on December 15th at 4:00 pm as part of the Arizona Charter School Association's Charter Starter program. One of the first sessions that the...
View ArticleWho Owns a Nonprofit Corporation?
Let’s be clear about one thing. No one owns a nonprofit corporation.[1] While there is no outright ownership, there is control. One of the fundamental questions I ask when forming a new nonprofit...
View ArticleExecutive Committees: The Good, The Bad and The Ugly
An executive committee can be an effective governance tool, but not every board needs one. Executive committees should never ever replace the full board.
View ArticleNonprofit Bylaws: What to Include and What to Leave Out
It is important to take a thoughtful approach when drafting or revising bylaws. Boards and board committees sometimes spend months or even years trying to draft the perfect set of bylaws . Too often,...
View ArticleNonprofit Bylaws: What to Include and What to Leave Out
Too often, nonprofits include provisions in their bylaws that are old-fashioned, unnecessary, redundant, or that complicate rather than streamline governance.
View ArticleNonprofit Law Jargon Buster: What is Proxy Voting?
Proxy voting is legal mechanism for a member of a voting body to delegate his or her voting right to another member of the voting body. In the context of nonprofit corporations, voting bodies include...
View ArticleNonprofit Law Jargon Buster – Voting Members vs. Self-Perpetuating Boards
When considering whether to include voting members in a nonprofit corporation, it is important to understand that voting members of a nonprofit corporation are generally analogous to shareholders of a...
View ArticleNonprofit Startups: Repurposing An Existing Nonprofit
Often prospective clients call us wanting to know whether we know of any dormant nonprofits that are going out of business that they could take over. The idea is that taking over an existing entity...
View ArticleIs it time for a Legal Audit?
A legal audit is an overview of an organization’s non-financial compliance, governance and risk management issues. Organizations typically consider a legal audit when new management takes over and...
View ArticleNonprofit Law Jargon Buster – What is a Quorum?
n the context of a nonprofit corporation, a quorum is the number of board members that must participate in a board meeting to permit official business to be transacted at the meeting.
View ArticleDIY Nonprofit Law – Top Five Mistakes
The state form does not include the tax provisions that the IRS requires tax-exempt organizations to have. Would be founders that file using the state’s form Articles of Incorporation without including...
View ArticleNonprofit Jargon Buster – Directors vs. Trustees
The group of individuals charged with the governance of nonprofits are often referred to interchangeably as “directors” or “trustees.” These terms are similar in that they both refer to the group of...
View ArticleNonprofit Law Jargon Buster: What is Proxy Voting?
Proxy voting is legal mechanism for a member of a voting body to delegate his or her voting right to another member of the voting body. In the context of nonprofit corporations, voting bodies include...
View ArticleNonprofit Law Jargon Buster – Voting Members vs. Self-Perpetuating Boards
When considering whether to include voting members in a nonprofit corporation, it is important to understand that voting members of a nonprofit corporation are generally analogous to shareholders of a...
View ArticleRepurposing An Existing Nonprofit
Often prospective clients call us wanting to know whether we know of any dormant nonprofits that are going out of business that they could take over. The idea is that taking over an existing entity...
View ArticleIs it time for a Legal Audit?
A legal audit is an overview of an organization’s non-financial compliance, governance and risk management issues. Organizations typically consider a legal audit when new management takes over and...
View ArticleNonprofit Law Jargon Buster – What is a Quorum?
n the context of a nonprofit corporation, a quorum is the number of board members that must participate in a board meeting to permit official business to be transacted at the meeting. The post...
View ArticleDIY Nonprofit Law – Top Five Mistakes
The state form does not include the tax provisions that the IRS requires tax-exempt organizations to have. Would be founders that file using the state’s form Articles of Incorporation without including...
View ArticleNonprofit Jargon Buster – Directors vs. Trustees
The group of individuals charged with the governance of nonprofits are often referred to interchangeably as “directors” or “trustees.” These terms are similar in that they both refer to the group of...
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