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Starting a Nonprofit

A New Nonprofit? Should You Create One and the ‘Determination’ Needed for 501(c)(3) Status

So, you’re thinking of starting your own nonprofit organization. It’s certainly an admirable endeavor; however, the road to receive and maintain 501(c)(3) status can be long and somewhat complicated. In this webinar, our speakers will review:

  • options for how a nonprofit visionary can address their mission, while avoiding the complexities of creating and sustaining a (c)(3) organization; and
  • practical considerations and legal requirements to create a new 501(c)(3) tax-exempt entity.

Speaker: Cara Mitchell, Associate General Counsel, Children’s Healthcare of Atlanta and Felix Swierski, Associate, Arnall Golden Gregory

Open Slides in New Tab

What’s in a Name?  Legal Considerations of Nonprofit Branding

Whether a nonprofit’s name is based on its mission, location, founder, or something completely unrelated, it is the keystone of the organization’s branding. If you're deciding on a name for your organization or a new program, or even if you are growing your brand, take a listen to this episode of the PBPA Podcast.  In this episode, Creighton Frommer, Chief Counsel at RELX, guides us through legal considerations in selecting and protecting a nonprofit’s name.

Pro Bono Partnership of Atlanta · What’s in a Name? Legal Considerations of Nonprofit Branding

Episode 25 Transcript

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2022/03/Episode-25-Transcript-Whats-In-a-Name.pdf" title="Episode 25 Transcript - What's In a Name"]

Trademarks: Nonprofit Brand Protection Options

Your organization has multiple options in how to protect its name through trademark.  Depending on your geography, your budget, and the types of services your provide, your organization has choices. This article will outline the three different trademark protection options available to  nonprofits and the pros and cons of each option.

Trademark-Registrations-Options73

PBPA Fiscal Sponsorship Separation Checklist

If you have a fiscal sponsor, at some point and for any number of reasons, you may consider going out on your own. This checklist briefly outlines some of the important considerations for various fiscal sponsorship projects that are contemplating separating from their fiscal sponsor. Keep in mind that this is not an exhaustive list, but just a start. Depending on your specific situation, the type of work you do and the type of relationship with your fiscal sponsor, some of the items on this list may not apply to you. Fiscal Sponsorship Checklist [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2021/07/PBPA-Fiscal-Sponsorship-Separation-Checklist.pdf" title="PBPA Fiscal Sponsorship Separation Checklist"]

Employment Laws and Best Practices for Small Georgia Nonprofits

Does your nonprofit have less than 15 employees?  Are you considering your very first hire?  In this episode of the PBPA podcast, Josh Joel will talk to us about both employment laws and best practices for nonprofits with 1-14 employees.  Join us as we talk about a range of topics including restrictive covenants, discrimination and benefits, and how they uniquely apply (and sometimes do not apply!) to small nonprofits. Guest:  Josh Joel at Stanton Law Transcript to Episode 16 – Employment Laws for Orgs with 1-14 Employees
Pro Bono Partnership of Atlanta · Employment Laws and Best Practices for Small Georgia Nonprofits
[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2021/06/Episode-16-Employment-Laws-for-Orgs-with-1-14-Employees-003.pdf" title="Episode 16 - Employment Laws for Orgs with 1-14 Employees (003)"]

Fiscal Sponsorship – How to Make It a Win-Win Situation

Fiscal sponsorship is typically a formal relationship between a nonprofit organization that is recognized by the Internal Revenue Service as 501(c)(3) tax-exempt (the fiscal sponsor) and an organization that may lack exempt status (the sponsored organization or project) to allow the sponsored organization to receive tax-deductible donations. This article will discuss why organizations may seek a fiscal sponsor as well as the factors a nonprofit should consider before becoming a fiscal sponsor. Fiscal Sponsorship [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2019/12/Article-Fiscal-Sponsorship.pdf" title="Article: Fiscal Sponsorship"]

Does Your Nonprofit Need a Business License?

Updated August 3, 2022 Some counties and cities in Georgia require nonprofits to register for a business license. Find out more about what is required. Does Your Nonprofit Need a Business License [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2022/08/2022-Update-PBPA-Article-Does-Your-Nonprofit-Need-a-Business-License-2.pdf" title="2022 Update - PBPA - Article Does Your Nonprofit Need a Business License?"]

Podcast | So You Want to Start a Nonprofit? Key Considerations for Aspiring Founders

Starting a nonprofit can be a great way to effect social change, but prospective founders should do their homework before forming a new 501(c)(3). Join Jason Qu and Lauren Paley from the D.C. Bar Pro Bono Center as we discuss business planning, strategic considerations, and useful resources for start-up nonprofits.

https://www.youtube.com/watch?v=ZCkq-YMVmAg

Webcast: Providing Services for Pay: What Charitable 501(c)(3)s Can and Can’t Do?

When you applied for 501(c)(3) status for your organization, you had to tell the IRS what charitable services you were going to provide, whom you would serve and whether you planned to charge fees (which had to be reasonable). The IRS granted 501(c)(3) status to your organization based on that information. Now in the age of buzz words like “self-sustaining” and “diversification of income”, there are voices encouraging charities to act more like businesses and expand their income-generating activities. What if your organization now wants to generate income by providing the same services but to a different group of people? Or by providing slightly different services? And how do you determine whether your fees are reasonable? During this webcast, we will explore how charitable 501(c)(3)s can charge fees for services while remaining charitable. Click here to view the webcast. Open Providing Services for Pay Slides in New Tab [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2017/02/Providing-Services-for-Pay-What-charitable-501c3s-can-and-cant-do-clean-version.pdf" title="Slides- Providing Services for Pay: What Charitable 501(c)3s Can and Can't Do"]

Webcast: Social Enterprise, Part 1: Forming Appropriate Entities

In 1982, Paul Newman founded Newman’s Own, a for-profit corporation created to sell food products and donate 100% of the profits to charity. What started as a boutique operation has grown into an international business with over $350 million in revenues. Many people consider Paul Newman to be one of the original pioneers in the area of social enterprise, and now others are following his lead by applying business strategies to achieve social purposes. The social enterprise model has become increasingly popular and successful over the past few decades, but what should such an entity look like? During this webcast, our speaker will discuss the three common corporate forms for social enterprise activities and the pros and cons of using each. Speaker: Robyn Miller, Corporate/Tax Counsel, Pro Bono Partnership of Atlanta Open Slides in New Tab

Webcast: Practical Tips on How to Conceive and Grow Your Brand

Whether your organization has just been born or has been serving the community for decades, you may not realize that your organization’s trademarks and branding are valuable symbols for trust and quality to those you serve. The reputation of your organization is inseparable from its brand. As a result, it is important that these intellectual property assets are selected with care. It is also critical to protect your trademarks from infringement or dilution by others, which can be common in the nonprofit space. This webcast will appeal to those both new and experienced in the area of nonprofit brand management. With the opportunity for interactive Q&A, we will generally discuss: • How to select strong, non-descriptive trademarks. • How to police your brand and handle infringement disputes. • Tips on maintaining an effective social media presence. • Making “creative review” part of your marketing culture. Presenter: Anuj Desai, Arnall Golden Gregory Please note that 33 minutes into the webcast we experienced some technical difficulties. Click Here to View Slides

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.

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/07/Size-Matters.pdf" title="Size Matters"]

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 and your volunteers. Presenter: Regina Hopkins, Esq., Assistant Director for Community Economic Development, D.C. Bar Pro Bono Program Click here to view webinar. Legal Issues for New Nonprofits Webinar 8: Risk Management and Insurance [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/06/Risk-Management-and-Insurance.pdf" title="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 Center Click here to view webinar. Open slides in new tab or view below. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/06/4-11-2014.pdf" title="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 these assets. Presenters: Rick McMurtry, Esq. and Carly Regan, Turner Broadcasting System Click here to view webinar. Open slides in new tab or view below. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/06/Pro-Bono-TM-Copyright-for-Non-Profits.pdf" title="Webinar 6: Trademarks and Copyrights for Nonprofits"]

Legal Issues for New Nonprofits Webinar 2: Nonprofit Governance

This is part two of an eight part webinar series that provides general legal information about operating a 501(c)(3) tax-exempt, nonprofit corporation. This webinar discusses nonprofit governance requirements and best practices, including those for board duties, board meetings, board member rights and liabilities, governing documents, and filings. Presenter: Holly Gregory, Esq., Weil, Gotshal & Manges (no longer with firm) Click here to view the webinar. Open slides in new tab or view below. [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/05/Weil-presentation-governance-11.18.13.pdf" title="Webinar 2: Nonprofit Governance"]

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 Program

Click here to view the webinar.

Open slides in new tab or view below.

[pdf-embedder url="https://pbpatl.org/wp-content/uploads/2014/05/Part-7.pdf" title="Webinar 1: What Does It Mean to be Tax Exempt? "]

 

Webcast: Things to Consider Before Hiring Your First Employee

Your nonprofit organization is established and growing, and you feel like you are ready to hire your first employee. But are you really ready? What are the upsides of hiring an employee? Do you understand the risks of hiring an employee (or more than one employee)? What must you know before you take that leap and become an employer? Join us for this practical workshop that provides an overview and key guidance on questions such as: • What does having an employee really mean? • How are employees different from volunteers or contractors? • What are an employer's legal duties and obligations to its employees? • How can you best manage the risks that come with having employees? • When and how do workers compensation, unemployment insurance, and other government requirements for employers come into play? • How do you find, select and (ideally) keep good employees? Presenter: Evan Pontz, Troutman Sanders Click here for webcast Open Slides in New Tab

Get Ready Get Set

The California Management Assistance Partnership created this helpful guide for what you need to know before starting a nonprofit. Get Ready Get Set [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/08/startinganonprofit_getreadygetset.pdf" title="Starting a Nonprofit"]  

Webcast: You Got Your 501(c)(3) Status, Now What?

You filled out the lengthy application and were elated when you received the 501(c)(3) determination letter in the mail. You may think you're done with filling out forms and dealing with the IRS, but you're wrong. There is still a lot to do to make sure your organization is in compliance with all of the laws and regulations that govern it. Don't miss this informative webcast for a broad overview of: • What your Board of Directors should do to keep your organization out of trouble. • How to keep your 501(c)(3) status. • What filings you must make to avoid serious fines and penalties. • Steps to take before you hire your first employee. • How to protect your name, logo and other intellectual property. When: Thursday, July 19, 2012 10:00 am to 11:00 am Presenter: Rachel Epps Spears, Executive Director, Pro Bono Partnership of Atlanta View the webcast Slides - You Got Your 501c3 Now What [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/07/501c3nowhatwebcast.pdf"]

Staying Legal: Best Practices for Operating a 501(c)(3) in Georgia

This is our own Georgia-specific source on best practices for corporate governance and compliance with the IRS guidelines for 501(c)(3) organizations, tax reporting and state filings. The best methods to keep your 501(c)(3) exemption. Staying Legal [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2016/02/Revised-Pro-Bono-Booklet-2016.pdf" title="Revised Staying Legal: General Guidelines for Operating a 501 (c)(3)"]

Taxes for Tax-Exempt Organizations

Even though you are a “tax-exempt” organization, there are still taxes you have to pay. This article and chart tell you what taxes may apply to your organization. Taxes for Tax Exempt Organizations [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2012/10/Taxes-for-Tax-Exempt-Organizations_Oct-11-2012.pdf" title="Taxes for Tax-Exempt Organizations"]

Form 1023

Form 1023 is the form used to apply for recognition of tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Form 1023 Instructions for form 1023 [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/form_10231.pdf" title="Form: IRS Form 1023"] [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/instructions_for_form_10231.pdf" title="Article: Instructions for Form 1023"]

IRS Guide to Applying for 501(c)(3) Tax-Exempt Status

Are you interested in Applying for 501(c)(3) Tax Exempt Status? This informative booklet from the IRS answers questions such as why you should apply, who’s eligible, how to get started, and what responsibilities come with the status. 501c3 Tax Status [pdf-embedder url="https://pbpatl.org/wp-content/uploads/2011/12/applying_for_501c_3_tax_exempt_status1.pdf" title="Article: Applying for 501c(3) Tax Exempt Status"]  
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