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Articles

Legal Issues for New Nonprofits Webinar 8: Risk Management and Insurance

This is part eight of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This Webinar covers the basics of identifying the risks involved in operating an nonprofit; and how to best address those risks in order to protect your organization, your clients, your board, your employees …

Read MoreLegal Issues for New Nonprofits Webinar 8: Risk Management and Insurance

Legal Issues for New Nonprofits Webinar 7: Board’s Responsibility for Financial Oversight

This is part seven of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This webinar details the financial responsibilities of the Board of Directors, including approving budgets, reviewing financial statements, and setting internal controls. Presenter: Denise Devenny, CPA, Vice President of Operations with the Bipartisan Policy …

Read MoreLegal Issues for New Nonprofits Webinar 7: Board’s Responsibility for Financial Oversight

Legal Issues for New Nonprofits Webinar 6: Trademarks and Copyrights for Nonprofits

This is part six of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. Your nonprofit may have valuable “intellectual property” rights in your organization’s name, logo, program materials and other assets. This webinar will give an overview of intellectual property considerations, and how to best protect …

Read MoreLegal Issues for New Nonprofits Webinar 6: Trademarks and Copyrights for Nonprofits

Legal Issues for New Nonprofits Webinar 5: Employment Law

This is part five of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation.This webinar introduces some of the many legal issues concerning employment law, including hiring, supervision and possible termination of employees; the proper use of contractors; wage and hour compliance; and an overview of harassment …

Read MoreLegal Issues for New Nonprofits Webinar 5: Employment Law

Legal Issues for New Nonprofits Webinar 3: Fundraising

This is part three of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This webinar presents an overview of legal issues concerning fundraising by nonprofit organizations, including charitable solicitation registration, required IRS acknowledgments, and gambling laws. Presenter: Robyn Miller, Esq., Pro Bono Partnership of Atlanta Click …

Read MoreLegal Issues for New Nonprofits Webinar 3: Fundraising

Legal Issues for New Nonprofits Webinar 1: What Does It Mean to be Tax Exempt?

This is part one of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This webinar highlights IRS regulations for 501(c)(3) tax-exempt organizations, including limitations on private inurement, lobbying and unrelated business income. Presenter: Regina Hopkins, Esq., Assistant Director for Community Economic Development, D.C. Bar Pro Bono …

Read MoreLegal Issues for New Nonprofits Webinar 1: What Does It Mean to be Tax Exempt?

HIPAA Basics for Nonprofits

This provides a general and brief overview of HIPAA as it applies to charitable nonprofit organizations that provide care or services to underserved individuals. HIPAA Basics

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Pay or Play: Determining Which Employers Are Subject to the Penalties Under Health Care Reform

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Beginning in 2016, most employers with 50 or more full-time employees or full-time equivalents are subject to the …

Read MorePay or Play: Determining Which Employers Are Subject to the Penalties Under Health Care Reform

Employer Mandate Relief Provided for Smaller Employers Under Final Regulations

Beginning January 1, 2015, the Patient Protection and Affordable Care Act requires most employers with 100 or more full-time employees or full-time equivalents to provide health coverage or pay a penalty tax for failure to do so. Employers with 50 or more full-time employees or full-time equivalents have another year to comply with the law …

Read MoreEmployer Mandate Relief Provided for Smaller Employers Under Final Regulations

Reporting Requirements for Nonprofits with Foreign Bank Accounts (FBAR)

U.S. nonprofits that operate internationally and open bank accounts in foreign countries need to be aware of the federal reporting requirements for foreign bank accounts. This article explains the filing requirements of FBAR.   Reporting Requirements for Nonprofits with Foreign Bank Accounts  

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Electronic Signatures for Non-Profits

Nonprofit organizations use technology to streamline otherwise time consuming paper and pen processes. Electronic signatures offer one such opportunity to simplify agreements with your beneficiaries, volunteers, staff, and other third parties. This article helps guide you in determining whether to adopt the use of electronic signatures at your nonprofit. Electronic Signatures

Read MoreElectronic Signatures for Non-Profits

Using Restrictive Covenants to Protect A Nonprofit’s Assets

Well-trained employees and the donor base they help to develop are significant assets that a nonprofit organization wants to protect. It is also natural for nonprofits to want to avoid improper use of proprietary information they have shared with their employees. What legal options do nonprofit organizations have to secure these assets? This article details …

Read MoreUsing Restrictive Covenants to Protect A Nonprofit’s Assets

Legislative Scorecards: What Are They and Can You Use Them?

Does your organization have a particular interest in how politicians vote on proposed laws? Are there certain politicians you feel better represent your organization’s interests over others? One way organizations can make their members or followers aware of how politicians are voting on select issues of importance is to distribute legislative scorecards. Legislative scorecards are …

Read MoreLegislative Scorecards: What Are They and Can You Use Them?

Work Opportunity Tax Credit for Tax-Exempt Nonprofit Employers

The VOW to Hire Heroes Act of 2011 allows employers, including nonprofits, to claim a tax credit when they hire a qualified veteran. This tax credit was recently extended until December 31, 2013. This legal alert answers questions nonprofit employers may have about how the tax credit works and how to apply for it. Click …

Read MoreWork Opportunity Tax Credit for Tax-Exempt Nonprofit Employers

Registering as a Lobbyist in Georgia – 2014 Changes to Ethics in Government Act

Starting January 2014, changes to the rules for lobbyists in Georgia will go into effect and nonprofits that lobby should pay attention as the fines for noncompliance are significant. Even if your employees, contractors and volunteers have not had to register as lobbyists in the past, the updated law may require them to register. The …

Read MoreRegistering as a Lobbyist in Georgia – 2014 Changes to Ethics in Government Act

Property Tax for Georgia Nonprofits

Does your nonprofit own real property? Does it plan to purchase real property (or hope to have it donated)? If so, don’t assume that your nonprofit will not have to pay property tax. Real property owned by a 501(c)(3) tax-exempt nonprofit organization in Georgia is not automatically exempt from property tax. The property must qualify …

Read MoreProperty Tax for Georgia Nonprofits

You’ve Been Served: What to do when your nonprofit receives legal papers

If you receive a subpoena, summons, writ of garnishment, notice of government investigation or similar document, seek legal counsel as quickly as possible. Whatever you do, do not ignore legal papers. The problem will not go away and will probably get worse. Read this important article for more information.

Read MoreYou’ve Been Served: What to do when your nonprofit receives legal papers

When May an Employee Also Serve as a Volunteer?

Nonprofit employees are often motivated not only by a paycheck, but by a passion for the organization that employs them. Such employees may feel inspired to contribute to their organization outside of their normal working day, in a volunteer capacity. Although these arrangements can benefit all involved, employers must approach them with caution. When certain …

Read MoreWhen May an Employee Also Serve as a Volunteer?

UBIT:Is Income Generated by Your Training Program Taxable?

Have you ever shopped at a store or eaten at a restaurant that was operated by a nonprofit? Many organizations that have 501(c)(3) tax-exempt status conduct such commercial business activities in order to provide training opportunities for clients and make money for their ongoing programming. Such organizations do not have to any pay Federal income …

Read MoreUBIT:Is Income Generated by Your Training Program Taxable?

There is a Right Way and a Wrong Way to Say Thank You, According to the IRS

The U.S. Tax Court recently ruled that an individual who had donated over $22,000 to his church could not take a tax deduction for the contribution because the church had not sent the donor the proper acknowledgment. According to the IRS, 501(c)(3) organizations must send a contemporaneous written acknowledgment to donors of over $250 stating: …

Read MoreThere is a Right Way and a Wrong Way to Say Thank You, According to the IRS

Nonprofits and Lobbying

In case you haven’t noticed the activity under the gold dome, the Georgia State Legislature is in session. You might be wondering what your nonprofit organization can do to influence the legislature. Nonprofits with 501(c)(3) tax-exempt status should be familiar with the IRS restrictions on their lobbying activities (and the lack of restrictions on advocacy). …

Read MoreNonprofits and Lobbying

Nonprofit’s Guide to Risk Management and Insurance

Risk management does not represent the most exciting or inspiring part of a nonprofit organization’s work. However, it is as crucial as any other task a nonprofit undertakes, because good risk management ensures that the nonprofit will have enough assets to carry out its mission. It also ensures that the nonprofit’s actions will not harm …

Read MoreNonprofit’s Guide to Risk Management and Insurance

EEOC Updated Guidance on Employer’s Use of Criminal Records When Making Employment Decisions

This legal alert discusses how criminal background checks, when improperly used, may unwittingly make an employer liable for discrimination. It also explains how employers can avoid such claims by following the EEOC’s suggested best practices for employers. Please note that in addition to the legal disclaimer above, this article contains information that is based, in …

Read MoreEEOC Updated Guidance on Employer’s Use of Criminal Records When Making Employment Decisions

What is a “Member” of a Nonprofit?

While many nonprofits use the term member to mean supporter, donor, participant or friend, the term “member” actually has a technical definition under Georgia law. Deciding on whether or not your organization should have members in a legal sense is important because it affects who controls the organization. Learn more about what it means to …

Read MoreWhat is a “Member” of a Nonprofit?
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