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Corporate Governance

How to Keep Your Nonprofit Out of the Media Spotlight

How to Keep Your Nonprofit Out of the Media Spotlight The Wounded Warrior Project has been under intense scrutiny ever since a CBS News investigation reported that the organization spends 40 to 50 percent of its donations on overhead. The organization was also accused of excessive spending on executive salaries, travel and staff conferences. In …

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Dissolving a Georgia Nonprofit Organization

Updated July 1, 2024 A nonprofit organization that plans to end its operations should complete certain steps including adopting resolutions and making government filings. An organization that closes without following proper procedures could expose itself to lawsuits from claimants and creditors and IRS enforcement actions. This article provides a broad overview of the dissolution process. …

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Webcast: Employee Handbooks

When’s the last time you reviewed or updated your employee handbook? Did you obtain your current handbook from the Internet or from a friend at another nonprofit? In this webcast, we’ll discuss the purpose of an employee handbook, what policies it should include, and perhaps more importantly- what it shouldn’t include. Recently, administrative agencies such …

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Size Matters: How Many Board Members Do You Need? So Does Composition for A Nonprofit’s Board of Directors

This article sets forth best practices for a 501(c)(3) nonprofit corporation to consider when determining the size and composition of its board of directors.

Read MoreSize Matters: How Many Board Members Do You Need? So Does Composition for A Nonprofit’s Board of Directors

Legal Issues for New Nonprofits Webinar 4: Recordkeeping Requirements

This is part four 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 recordkeeping requirements for nonprofits, including IRS requirements, and best practices for keeping and maintaining other important organizational records. Presenter: Mark Hoenig, Esq., Weil, Gotshal & Manges Click here to …

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Webcast: Collaborations for Nonprofits

“Collaboration” is a huge buzz word these days in the nonprofit world. There can be great reasons for nonprofits to collaborate – pursuing funding sources available only to collaborators is just one of those reasons. But what does it really mean to “collaborate.” And what are the benefits and challenges of collaboration for a nonprofit? …

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Georgia Legislature Tells Certain Nonprofits to Open Records and Meetings

December 2024 update: For information on a recent Georgia Supreme Court ruling on open records, see THIS ARTICLE. Is your nonprofit required to allow public access to its records and meetings? Under Georgia law, government agencies and even some nonprofits are required to make certain public disclosures. The Open Records Act and the Open Meetings …

Read MoreGeorgia Legislature Tells Certain Nonprofits to Open Records and Meetings

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 …

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Navigating Conflicts of Interest in Nonprofits

Updated August 27th 2024 Effective governance policies are crucial for every nonprofit, and a Conflict of Interest (COI) policy is especially important. Board directors and other key personnel in nonprofits are often busy with personal and business activities, which can lead to the board unintentionally failing to recognize potential conflicts of interest. Even with an existing …

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Corporate Minutes

Keeping good minutes in board meetings is more than just a good idea. It’s required! Click here to learn more. Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. As a result, the information …

Read MoreCorporate Minutes

Electronic Voting for a Nonprofit Board of Directors

Can the board of directors of a nonprofit organization vote electronically on matter?Electronic Voting Laws

Read MoreElectronic Voting for a Nonprofit Board of Directors

Fiduciary Duty of Board of Directors to Oversee Financial Affairs

Since Enron, the board of directors has been required to take on a greater role in overseeing the financial affairs of a nonprofit organization. All of your board members should read this! Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on …

Read MoreFiduciary Duty of Board of Directors to Oversee Financial Affairs

Fiduciary Duties of Georgia Nonprofit Directors

Learn about the meaning of the fiduciary duties of care, loyalty and obedience, and some practical suggestions for carrying these out.

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Conflict of Interest Policies: Disclosure, Monitoring, and Enforcement

The IRS has made it clear that you should have a written conflict of interest policy and it’s a good idea for your organization. Learn how often they should be reporting and the additional compliance steps you need to take. Please note that in addition to the legal disclaimer above, this article contains information that …

Read MoreConflict of Interest Policies: Disclosure, Monitoring, and Enforcement

Whistleblower Policies

The newly revised Form 990 now asks directly whether your organization has adopted a whistleblower policy. Learn how a written policy can benefit your board now, and save you pain and trouble later. Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, …

Read MoreWhistleblower Policies

Audit Committees and Audit Committee Charters

This alert discusses audit committees – what is the committee’s function, who should serve on it and what are the committee’s responsibilities. The alert also has a sample job description for the committee. Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, …

Read MoreAudit Committees and Audit Committee Charters

Audit Requirements

Learn about audits, reviews and compilations to help determine which one might be best for your organization.

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Good Corporate Governance for Nonprofits

Good corporate governance practices are vital to keeping your nonprofit status, satisfying donors, and running a tight ship. Here are some suggestions that will set you off in the right direction. Corporate Governance

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Independent Director Alert

Recent developments make it even more important to have directors on your board who are independent and unaffiliated with your day to day business. This article explains exactly what that means to you, and why you may need to take action. Please note that in addition to the legal disclaimer above, this article contains information …

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Executive Compensation Alert

Because you are a nonprofit the Internal Revenue Code puts limits on how much you pay your executives. Learn more here to avoid stepping over that line. Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District …

Read MoreExecutive Compensation Alert

Public Disclosure

This e-alert sets forth the IRS rules about what information you must make available for public inspection, such as your Form 990s and 1023 form. Please note that in addition to the legal disclaimer above, this article contains information that is based, in whole or in part, on the laws of the District of Columbia. …

Read MorePublic Disclosure

Compensating Insiders – How to Avoid Excess Benefit Transactions and Comply with IRS Rules

The IRS prohibits every 501(c)(3) nonprofit from paying its officers, directors and other insiders too much for any goods or services they provide to the organization. Nonprofits that do not follow these rules, and any officer or director who approved an excess payment, may be subject to taxes, fines and other penalties. This article will …

Read MoreCompensating Insiders – How to Avoid Excess Benefit Transactions and Comply with IRS Rules

Compliance Guide for 501(c)(3) Public Charities

Even if your organization already has its 501(c)(3) status, the IRS can still take it away unless you do the right things. This guide covers activities that may jeopardize a charity’s exempt status, tax returns or notices that must be filed, recordkeeping, changes to be reported to the IRS, required public disclosures and resources for …

Read MoreCompliance Guide for 501(c)(3) Public Charities

Can Your Board of Directors Vote by Email?

Your board needs to vote to approve a major contract but the next board meeting is in two months. Can the board vote by email or another electronic means? Under Georgia law, a board can take action without a meeting (including by taking an electronic vote) provided that all of the directors consent by voting …

Read MoreCan Your Board of Directors Vote by Email?
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