January 2015

January 1, 2015

Lead Stories

Volunteer Protection Act Does Not Protect Against Sanctions for Contempt of Court

Court says VPA was intended to protect volunteers against ordinary negligence, not to curb courts’ contempt power

Donor Lacks Standing To Enforce Conditions on Gift

Court says donor did not show that gift created trust

Court Says Suit Against Donors Violates Anti-SLAPP Law

Community members sought to stop Foundation from regranting gift to university for “commercial” project

Your Legal Questions Answered

How soon must treasurer provide financial records?

I understand that any member of a 501(c)(3) nonprofit corporation who asks the treasurer to see the financial data must be presented with it, but I am wondering if there is a deadline to provide it? We have a president/treasurer who has been refusing to give access to our financial records for quite some time. She has even gone so far as to remove a third signer from the bank account upon discovering that the third signer was looking at the information, has instructed the people in charge of our 'spirit store' (we're a parent organization at a school) not to give information to anyone, and has changed email and Paypal passwords in order to lock people out. There are several cash deposits that we have no visibility of at this point. How much time does she have between when someone asks in writing for the information and the time that she must provide it?

Lessons from Litigation

Court reverses punitive damages against directors

Medical staff granted right to sue hospital over bylaws

Former members lack standing to sue nonprofit

Club has no obligation to approve membership transfer

Employment Law

Board alone cannot terminate rabbi in New York

Tax Matters

Court denies exemption to group home provider

Foundation can’t challenge parsonage exemption

April Webinar

IRS Form 990: Public Relations Opportunity or Trap for the Unwary?

Wednesday, April 9, 2025
1:30-3:00 PM ET

Because Form 990 tax information returns are instantly available to anyone anywhere at any time on the Internet, they can be a nonprofit organization's most important public relations document.

They can also be traps for the unwary that lead to confusion, serious adverse publicity, media inquiries, and governmental sanctions.

This session will explore the full (long form) Form 990 from the perspectives of the organization, a potential donor or employee, and a regulator. It will discuss the most common errors and best practices for using the Form as a tool to further the organization's mission.

Learn more and register

Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

Learn more

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SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

See our "Say That Again" collection

Special Report Available

Increasing Gender Diversity on the Boards of Nonprofit Eds and Meds: Why and How to Do It

This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
Download the full report free

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