Nonprofit Issues

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February 18

What is Nonprofit Issues?
A one-stop place to answer your questions of nonprofit law and governance and help you avoid costly legal errors

  • Practical tips to reduce the risk of litigation from Editor Don Kramer, a Philadelphia lawyer with more than 35 years of experience representing nonprofits.
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  • Searchable archive to answer your questions 24/7,including more than 100 easy-to-read Ready Reference Pages that tell you what you need to know about nonprofit law.
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Nonprofit Leadership and the Law

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To the Point Question of the Week - February 2-9, 2010

Our 501(c)(3) retirement center often receives a gift like a lift chair or motorized wheelchair when a resident passes on.  The gift usually comes when a family member is clearing out the person's apartment.  To whom should we acknowledge the gift?  Should it not be from 'the estate of the deceased' if the item was in their possession at time of death - regardless of who may have purchased it and/or when?
-From the website

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Current Issue  

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Lead Story Archives
 

Court Refuses to Approve
Change in Purpose of Gift
When Hospital failed to show terms of original gift, Court was unwilling to decree a new purpose

Free Full Article

Court Dismisses Member’s
Effort to Overturn Election
Claims of retaliation, proxy irregularities and
poisonous atmosphere do not create cause of action
Free Preview | Full Article

Merger of Nonprofit into Other
Does Not Constitute “Closing”
Court denies constructive trust to hold property
to go to Township upon closing of ambulance company
Free Preview | Full Article

 
Lessons from Litigation
 

Court reverses deed to founder of charity, dissolves organization

Schools lack standing in trust litigation

Better view at condo not “personal benefit”

Full Article

 
Employment Law
 

Complaint of harassment and retaliation still fails

Full Article

 
Behind the Numbers
 

Property used to “support” church not exempt

Religious community may not deduct food, medical care to members

Full Article

 
Issue Notes
 

Issue Notes
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Ready Reference
 

Ready Reference Page No. 110
Top Ten Policies and Practices for Nonprofit Organizations

Increased emphasis on transparency and accountability requires more formal attention to governance and administration
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Ready Reference pages are summaries of major issues in nonprofit law and governance including:

 
To the Point
 

Don Kramer answers readers questions.
Ask Don

Does a very small, rural food pantry need a 501(c)(3) for the public to donate small amounts of cash or food? We have donors who would like to take their $25 donation as a charitable deduction on their income tax return.
Answer

 
Risk and Reward
 

Tips on reducing risks of litigation and liability by Melanie Herman, Executive Director of the Nonprofit Risk Mangement Center, Washington, D.C.

Governance Matters

Excerpt
Strengthening the governance practices at your nonprofit requires more than a checklist or handbook touting “do’s” and “don’ts.” Leaders who want to inspire good governance must take the time necessary to look beneath the surface of often complex governance issues and commit to remedying issues that stand in the way of the board discharging its legal duties and providing exemplary leadership.
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Behind the Numbers
 

Clear explanations of financial and accounting issues for nonprofits.

Behind the Numbers
When Is a Contribution Not a Contribution?
By Eric Fraint

Excerpt
Congratulations!  Your organization just received a major contribution.  But wait, your accountant or auditor says it is not a contribution; it is an exchange transaction.  What does this mean to you and why should you care? 
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None of the information on the Nonprofit Issues Website should be deemed legal advice or
should be acted upon without prior consultation with appropriate professional advisors.
Materials prepared by Nonprofit Issues contained in these pages is copyrighted by Nonprofit Issues, Inc., 2009.

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