Featured post by Wagenmaker & Oberly- May nonprofits keep their records private from the general public? Yes and no. Two key legal dynamics apply. First, nonprofit organizations are legally required to provide copies of their IRS Form 990 returns for…
Featured post by Wagenmaker & Oberly- When should a nonprofit establish – and maintain – an endowment? The term “endowment” typically refers to funds set aside, either internally within a nonprofit or externally through a separately-created entity for the charity’s benefit.…
Featured post by Wagenmaker & Oberly- Starting a Section 501(c)(3) nonprofit can be quite an adventure! What legal steps are required? While the details may vary widely, the concrete steps may be best summarized as follows: (1) form a nonprofit…
Featured post by Wagenmaker & Oberly- All nonprofits should maintain confidentiality of medical information related to their employees, program participants, and volunteers. Is such information subject to “HIPAA?” For many organizations, the answer is no – HIPAA does not apply…
Featured post by Wagenmaker & Oberly- “Privacy means people know what they’re signing up for, in plain language, and repeatedly. I believe people are smart. Some people want to share more than other people do. Ask them.”[1] This year, nonprofits…
Charitable contributions are the financial lifeblood of most Section 501(c)(3) nonprofits, so access to these funds is of vital importance! Should nonprofits allow financial gifts restricted for certain purposes? Should they encourage fundraising campaigns for specific initiatives? And what happens…
Sometimes doing nothing is better than doing something, like not stepping on a landmine. But usually taking some level of action in the right direction is far more preferable, especially when the IRS examines a nonprofit organization’s activities for whether…
How has the number of tax-exempt nonprofit organizations changed over the past decade? According to IRS data released [in 2018], significant shifts have occurred for Section 501(c)(3) and Section 501(c)(4) organizations, in large part due to new “auto-revocation” consequences for…
To what extent can a state attorney general control a nonprofit organization? The answer may be surprising – quite extensively! Under many states’ charitable trust and fundraising laws, a state AG may remove a nonprofit leader, deny fundraising opportunities, and…
Is your nonprofit up to date on its government filings? Many nonprofits have recently filed their IRS Form 990 annual information returns. But several more government filing and reporting requirements may apply for nonprofits, in distinctly separate legal compliance areas.…
