Explore every episode of the podcast EO Radio Show
| Title | Pub. Date | Duration | |
|---|---|---|---|
| 099: Nonprofit Basics: International Grantmaking Part 1 - Overview and Antiterrorism Rules | 14 Oct 2024 | 00:14:06 | |
Welcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode introduces several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These are the antiterrorism rules, income tax withholding rules, and special rules for private foundations. These "basics" episodes touch on the rules for U.S. charitable organizations that make grants to organizations or individuals not resident in the United States. Grantmakers need to be aware of a couple of general requirements, and private foundations also have an extra set of concerns to ensure that the expenditure outside the United States is not penalized as a taxable expenditure. The private foundation grantmakers also want to be sure that the expenditure does count towards its minimum distribution requirement. I'll start this series with an episode focused on introducing the Patriot Act rules that apply to all grants, international and domestic. In the next episode of this series, I'll provide a brief overview of the income tax withholding rules that apply to payments for services that come into play when making a grant to an international organization that may provide some services in the United States. The third installment of this series will focus specifically on the special private foundation rules, expenditure responsibility, equivalency determination, and other techniques used by private foundations that make grants to international organizations. Show Notes: Farella YouTube podcast channel Treasury's November 8, 2002 release of voluntary best practices guidelines for U.S.-based charities in avoiding terrorist financing. (For Treasury's Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-based Charities, see Doc 2002-25472 (7 original pages) [PDF] or 2002 TNT 221-17) If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 098: Ask a Certified Fraud Examiner Q&A | 07 Oct 2024 | 00:20:11 | |
Welcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of episodes in which we discuss fraud at nonprofit organizations with the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner. In episode 94, we started with case studies of fraud at nonprofit organizations. Then, in episode 95, we discussed three immediate steps an organization can take to mitigate fraud risks. In episode 96, Sly walked us through several big-picture fraud prevention techniques for exempt organizations. Today, we wrap up the series with an "ask a certified fraud examiner" session to answer listener questions sent to our EORadioShow@fbm.com mailbox. Show Notes: Farella YouTube podcast channel Sly Atayee, Director, BDO USA, Certified Fraud Examiner ACFE - Overview of the fraud triangle: Fraud 101: What Is Fraud? ACFE - Occupational Fraud 2024: A Report to the Nations ACFE – Fraud Risk Management Tools COSO Integrated Internal Control Framework Executive Summary EO Radio Show #94: Fraud Risks at Nonprofit Organizations - Part 1 EO Radio Show #95: Steps Your Nonprofit Can Take to Mitigate Fraud Risks - Part 2 EO Radio Show #96: Fraud Prevention Techniques for Nonprofit Organizations - Part 3 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 089: REFRESH Nonprofit Basics: Designators, Members, Directors, Officers - The Who's Who of Nonprofit Governance | 29 Jul 2024 | 00:11:07 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. For the next few weeks, we refresh our earliest episodes on nonprofit basics. During these dog days of summer, it's a good time to bring back some of our early episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this refresh of episode #2, Cynthia Rowland talks about some of the roles people play in nonprofit corporation governance. We're focused here mostly on nonprofit corporations, although nonprofits can be formed as charitable trusts. Let's go over the nonprofit governance positions first and then we'll circle back to how these concepts of governance apply in the trust structure. Since this episode was first published in the summer of 2022, we've added the podcast to our YouTube channel, so listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in 32 states. Take a look at the show notes for updated links. Show Notes: New York Attorney General Publication on Nonprofit Director Responsibilities Guidebook for Directors of Nonprofit Corporations, Third Edition National Association of State Charity Officials Resources EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 088: REFRESH Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association, and Fiscal Sponsorship | 22 Jul 2024 | 00:11:39 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. For the next few weeks, we refresh several of the show's earliest episodes. During these dog days of summer, it's a good time to bring back some of our early episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this week's refresh of my very first episode, I provide an overview of the choices of legal form for nonprofit organizations that are intended to be tax-exempt under U.S. law. Before we even get to the questions of tax exemption, charitable fundraising, regulatory compliance, governance, and the myriad legal issues that charity and foundation leaders need to think about, a basic understanding of the legal entity is really important. Since this first episode, we've added the podcast to our YouTube channel, so listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in 32 states. Show Notes: The ABCs of Nonprofits, Second Edition By Lisa Runquist Delaware Model Certificates of Incorporation Model Nonprofit Corporation Act, and states where adopted Uniform Law Commission on Uniform Unincorporated Association Act status EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 087: Expedited Review of IRS Applications for Recognition of Exempt Status | 15 Jul 2024 | 00:14:11 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In Episode 87, Cynthia Rowland covers the rules that apply to a new charitable organization that wants expedited review of its application for recognition of exempt status from the Internal Revenue Service. The IRS expects to receive 135,000 to 140,000 determination requests in 2024, and most of those requests will take more than six months to be processed. In general, the IRS reviews applications in the order received. New organizations often need that determination letter in order to start fundraising, and six months or more is a serious damper on the ability to launch new entities. This episode will cover the required procedures to follow if an organization wants the IRS to let it jump to the front of the line. Show notes: Expediting Exemption Application Processing: Where to Send Request Addresses: After an application has been filed, a written request for expedited processing must be sent to the following address: Internal Revenue Service Express mail or a delivery service written request for expedited processing must be sent to the following address: Internal Revenue Service You may fax your request to 855-204-6184. Farella YouTube nonprofit state filings playlist Farella YouTube nonprofit governance playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 086: Nonprofit Quick Tip: State Filings in New Mexico and Utah | 08 Jul 2024 | 00:25:45 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 13th in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In an earlier episode, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filing requirements in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky and Tennessee, and most recently, Oklahoma and Texas. Today, with Joe Hilliard's help, we examine the basic state filing requirements for nonprofit corporations operating in New Mexico and Utah. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel New Mexico: New Mexico Secretary of State Corporations and Business Services page: https://portal.sos.state.nm.us/BFS/online/ New Mexico Business Services Front page: https://www.sos.nm.gov/business-services/start-a-business/ New Mexico Current Entity Search: https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch New Mexico Current Director/Officer Search: https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch/OfficersOrDirectorsOrRAgentSearch New Mexico Business Services FAQ: https://www.sos.nm.gov/business-services/limited-liability-and-corporation-faqs/ New Mexico New Business Tips FAQ: https://www.sos.nm.gov/steps-to-starting-a-business/ New Mexico Domestic Nonprofit Articles of Incorporation: https://www.sos.nm.gov/business-services/start-a-business/domestic-nm-non-profit-corporation/ New Mexico Foreign Nonprofit Corporation Application for Authority: https://www.sos.nm.gov/business-services/start-a-business/foreign-non-profit-corporation/ New Mexico Department of Justice Charitable Organizations FAQ: https://nmag.gov/charities/ New Mexico Department of Justice Charitable Organizations Registrar: https://secure.nmag.gov/coros/ New Mexico Taxation & Revenue page: https://www.tax.newmexico.gov/ New Mexico Taxation & Revenue FAQ: https://www.tax.newmexico.gov/businesses/ Utah: Utah Division of Corporations main page: https://corporations.utah.gov/ Utah's current entity database: https://secure.utah.gov/bes/index.html Utah Division of Corporations Contact page: https://corporations.utah.gov/contact/ Utah Division of Corporations Articles FAQ: https://corporations.utah.gov/business-entities/preparing-articles/ Utah Division of Corporations Domestic Nonprofit Organizations page: https://corporations.utah.gov/domestic-non-profit-corporation/ Utah Division of Corporations Domestic Nonprofit Articles form: https://corporations.utah.gov/wp-content/uploads/2023/04/incnonprofit.pdf Utah Division of Corporations Domestic Nonprofit Articles Guide Sheet: https://corporations.utah.gov/wp-content/uploads/2021/09/howtoincnonprofit.pdf Utah Division of Corporations Foreign Nonprofit Organizations page: https://corporations.utah.gov/business-entities/foreign-non-profit-corporation/ Utah Division of Corporations Foreign Nonprofit Articles: https://corporations.utah.gov/wp-content/uploads/2021/10/certauth.pdf Utah Division of Corporations Annual Report filing page: https://secure.utah.gov/abr/login.html Utah Division of Corporations Processing Times: https://corporations.utah.gov/2024/05/02/the-division-is-currently-processing/ Utah Division of Consumer Protection Charities page: hhttps://dcp.utah.gov/for-businesses/charities/ Utah State Tax Commission home page: https://incometax.utah.gov/ Utah State Tax Commission Registration for Sales Tax Exemption: https://tax.utah.gov/forms/current/tc-160.pdf Utah State Tax Commission Registration for Corporate Tax Exemption: https://tax.utah.gov/forms/current/tc-161.pdf Utah Nonprofits Association Guide to Nonprofits 2023 (while outdated for charity registrations, this is still a good resource): https://www.utahnonprofits.org/assets/pdf/UNA_Guide_to_Starting_a_Nonprofit_2023/
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 085: Back to Compliance: Reinstating Tax-Exempt Status for a Charity | 24 Jun 2024 | 00:16:32 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 85, Cynthia Rowland addresses the steps needed when a charitable organization has its tax-exempt status revoked by the IRS for failure to file the required information returns, that is, form 990, 990PF, 990 EZ, or the postcard return for very small charities, 990-N. Often, charities fall out of compliance not just with the IRS but also with the state regulators, which may include the state income tax filing requirements, charity registry filings, and Secretary of State annual or bi-annual filings. Today, she discusses the road to recovery for an organization that wants to get back on track. Show Notes: Farella YouTube podcast channel Revenue Procedure 2014-11 (PDF explains the four procedures an organization may use to apply for reinstatement) IRS Exemption forms: Form 1023, Form 1023-EZ, Form 1024 or Form 1024-A Additional IRS information
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 084: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations | 17 Jun 2024 | 00:24:11 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland's guest is Bill Boyd, one of the editors, along with Lisa Runquist, of the newly published fourth edition of the American Bar Association's Guidebook for Directors of Nonprofit Corporations. The guidebook is a useful and valuable reference that provides directors with an overall understanding of their roles and duties. The updated edition addresses general legal principles and areas of broad concern to assist the directors and the organization in obtaining the information they need to run effectively. The guidebook includes user-friendly charts, checklists, and more. Show Notes: Bill Boyd, Partner, Nyemaster Goode (bio and publications) ABA Guidebook for Directors of Nonprofit Corporations EO Radio Show playlists: If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 083: Nonprofit Quick Tip: State Filings in Oklahoma and Texas | 10 Jun 2024 | 00:23:13 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 12th in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, and most recently Kentucky and Tennessee. Today, with Joe Hilliard's help, we examine the basic state filing requirements for nonprofit corporations operating in Oklahoma and Texas. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements episodes. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel EO Radio Show #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance Oklahoma: Oklahoma Secretary of Business Services page: https://www.sos.ok.gov/business/default.aspx Oklahoma Business Entity FAQ: https://www.sos.ok.gov/business/faq.aspx Oklahoma Current Entity Search: https://www.sos.ok.gov/corp/corpInquiryFind.aspx Oklahoma Fee Schedule: https://www.sos.ok.gov/business/fees.aspx Oklahoma Online Filing Library: https://www.sos.ok.gov/corp/filing.aspx Oklahoma Downloadable Business Forms Library: https://www.sos.ok.gov/business/forms.aspx Oklahoma Not for profit Certificate of Incorporation: https://www.sos.ok.gov/forms/Fm0008.PDF Oklahoma Certificate of Qualification (Foreign Corporation) Form: https://www.sos.ok.gov/forms/Fm0012.PDF Oklahoma online processing time: https://oklahoma.gov/business/launch/register-your-business.html Oklahoma Secretary of State Charitable Organizations Page: https://www.sos.ok.gov/charity/Default.aspx Oklahoma Secretary of State Charitable Organizations Forms: https://www.sos.ok.gov/charity/forms.aspx Oklahoma Charitable Organization Registration Form: https://www.sos.ok.gov/forms/Fm0101.PDF Oklahoma Tax Commission: https://oklahoma.gov/tax.html Oklahoma Sales Tax Exemption form: https://oklahoma.gov/content/dam/ok/en/tax/documents/forms/businesses/general/Packet-E.pdf Texas: Texas Secretary of State business services page: https://www.sos.state.tx.us/corp/index.shtml Texas SOSDirect Portal: https://www.sos.state.tx.us/corp/sosda/index.shtml Texas current entity database: https://www.sos.state.tx.us/corp/sosda/index.shtml Texas Secretary of State Nonprofit Organizations Page: https://www.sos.state.tx.us/corp/nonprofit_org.shtml Texas Forms: https://www.sos.state.tx.us/corp/forms_boc.shtml Texas Certificate of Formation Nonprofit Corporation form and instructions: https://www.sos.state.tx.us/corp/forms/202_boc.pdf Texas Application for Registration for a Foreign Nonprofit Corporation form and instructions: https://www.sos.state.tx.us/corp/forms/302_boc.pdf Texas Fees Schedule: https://www.sos.state.tx.us/corp/fees-other.shtml Texas Filing Options FAQ: https://www.sos.state.tx.us/corp/options.shtml Texas Attorney General Charitable Trusts page: https://www.texasattorneygeneral.gov/divisions/charitable-trusts Texas Attorney General Charitable Trusts Registration and Filings Page: https://www.texasattorneygeneral.gov/divisions/charitable-trusts/registration-and-filings Texas Comptroller Tax Exemptions for Qualified Organizations Page: https://comptroller.texas.gov/taxes/exempt/ Texas Comptroller Tax Exemptions Application Forms: https://comptroller.texas.gov/taxes/exempt/forms/
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 082: Advice for Nonprofit Investment Committees From an Investment Advisor | 03 Jun 2024 | 00:31:38 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 82, we revisit the duties of directors in managing investment assets. Joining Cynthia Rowland today is Jennifer Nelson, Senior Wealth Manager with BNY Mellon. She offers practical advice for directors serving on the investment committee, best practices for developing an investment policy, investment performance measurement, the use of outside chief investment officers, and other discretionary asset management arrangements. Show notes: Jennifer Nelson, CFP, BNY Mellon Wealth Management BNY Mellon Wealth Management Insights EO Radio Show YouTube Playlists: Nonprofit Basics, Nonprofit Governance, Hot Topics Prudent Management of Institutional Funds Act "UPMIFA, Three Years Later: What's a Prudent Director To Do?" ABA Business Law Today, Volume 18 No. 6 (July/August 2009), Cynthia R. Rowland EO Radio Show EP #16: Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors EO Radio Show #35: Hot Topic: UPMIFA in the Context of Financial System Instability If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 081: REFRESH: Loot and Private Foundation Rules - Part 2 | 20 May 2024 | 00:25:04 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I refresh EO Radio Show episode 22, the second of our two episodes exploring private foundation rules using commentary on the comic Apple TV+ series Loot, starring Maya Rudolph. In the second of our two original episodes exploring season one of Loot, my partner Hons Yung and I, with our unique legal lens, examine the legal aspects of the series. But a word of caution: We do reveal some, but not all, of the exciting plot lines. Before joining us, we recommend binge-watching season one first, then returning and listening to episodes 80 and 81 for the technical legal issues we had fun with when watching season one of Loot. Season two of Loot was released early in April 2024, and we plan to revisit the Wells Foundation and private foundation rules in an episode later this spring. Show notes: Note to listeners from Cynthia: I did the math after the episode—$87 million is one-tenth of one percent of $87 billion! Hons Yung, Partner, Farella Braun + Martel IRS form 4720 (Return of Certain Excise Taxes) Instructions IRS form 990PF (Annual Return of Private Foundation) Instructions EO Radio Show Episode 6: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 1: Candidate Campaign Intervention EO Radio Show Episode 8: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 3: Private Foundation Approaches to Policy Advocacy Allowed by the Internal Revenue Code If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 080: REFRESH: Loot and Private Foundation Rules - Part 1 | 11 May 2024 | 00:25:36 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I'm happy to refresh EO Radio Show episode 21, the first of our two episodes exploring private foundation rules using the Apple TV+ series Loot, starring Maya Rudolph. Season two of Loot was released early in April 2024, and we plan to revisit the Wells Foundation and private foundation rules and the other legal issues in a new podcast episode later this spring. So, to bring all of our listeners up to speed, here's the first of our two original episodes, where my partner Hons Yung and I, with our unique legal lens, explore season one of Loot. But, a word of caution, we do reveal some, but not all, of the exciting plot lines. If you're keen on joining us in dissecting the legal aspects of the series, we recommend binge-watching season one first, then returning to listen to this episode and the next one for the technical legal issues we've spotted in season one of Loot. Show Notes: Hons Yung, Partner, Farella Braun + Martel EO Radio ShowEpisode 2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance IRS form 4720 (Return of Certain Excise Taxes) Instructions IRS form 990PF (Annual Return of Private Foundation) Instructions Hons Yung's favorite movie podcast: The Rewatchables If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 097: Nonprofit Quick Tip: Corporate Filings in Washington, D.C. | 30 Sep 2024 | 00:17:25 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 97 is the 15th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we look at the basic filing requirements for nonprofit corporations operating in Washington, D.C., which is not a state but does have incorporation and foreign registration rules for businesses operating there. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the filings in Nevada and Arizona, Washington state and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North and South Carolina, Kentucky and Tennessee, Oklahoma and Texas, New Mexico and Utah, and last month, Colorado and Wyoming. Show Notes: Farella YouTube podcast channel Resources for Washington, D.C.: DC Department of Licensing and Consumer Protection Front Page: https://dlcp.dc.gov/ DC Corporate Registration Front Page: https://dlcp.dc.gov/node/1614386 DC Online Filings Portal: https://corponline.dcra.dc.gov/Home.aspx/Landing DC Forms Database: https://dlcp.dc.gov/node/1622531 DC Business Registrations FAQ: https://dlcp.dc.gov/page/corporations-division-business-registration-faqs DC Domestic Nonprofit FAQ: https://dlcp.dc.gov/node/1619136 DC Domestic Nonprofit Articles of Incorporation Form: https://dlcp.dc.gov/node/1622461 DC Foreign Registration Statement: https://dlcp.dc.gov/node/1622276 DC Fee Schedule, including expedited fees: https://dlcp.dc.gov/node/1621901 DC Nonprofit Fee Schedule: https://dlcp.dc.gov/node/1621926 DC Business Licensing Division Home Page: https://dlcp.dc.gov/service/business-licensing-division DCLP Charitable Services Business Home Page: https://dlcp.dc.gov/node/1618416 DC Business Center Online Portal: https://mybusiness.dc.gov/login DC Office of Tax and Revenue Exempt Organizations FAQ: https://otr.cfo.dc.gov/page/exempt-organizations-frequently-asked-questions-faqs DC Office of Tax and Revenue Page: https://mytax.dc.gov/ DC Clean Hands FAQ: https://dlcp.dc.gov/node/1621021 DC Obtaining Clean Hands FAQ: https://otr.cfo.dc.gov/page/certificate-clean-hands If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 079: IRS Dirty Dozen Warnings on Charitable Scams | 06 May 2024 | 00:12:50 | |
Welcome to EO Radio Show—Your Nonprofit Legal Resource. In this episode, Cynthia Rowland highlights some tax schemes designed to exploit both taxpayers and the Treasury. The Internal Revenue Service just wrapped up the 2024 Dirty Dozen campaign with a warning to taxpayers about several schemes, many of which purport to benefit charitable purposes. Fraudulent schemes threatening taxpayers can take different forms, including exploitative agreements related to bogus art donations and improper application of the rules allowing charitable planning using charitable remainder trusts, as well as outright fraudulent charitable solicitations for scammers posing as charities. Today's episode brings you the IRS warnings on these topics and some advice on spotting the scams. Show Notes: EO Radio Show YouTube channel Nonprofit State Filings YouTube playlist IRS Select Check site for checking Charity eligibility Form 14242, Report Suspected Abusive Tax Promotions or Preparers Mailing address for reporting abusive promotions: EO Radio Show #17: Charitable Contribution Substantiation Requirements and a Conversation About Art Appraisals With Sarah Vandeweerdt From Christie's EO Radio Show #71: Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 078: Nonprofit Quick Tip: State Filings in Kentucky and Tennessee | 29 Apr 2024 | 00:17:05 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 78 is the 11th in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With Joe Hilliard's help today, we examine the basic state filing requirements for nonprofit corporations operating in Kentucky and Tennessee. Previous episodes addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, and most recently North Carolina and South Carolina. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts Kentucky Resources: Kentucky Secretary of Business Services page: https://www.sos.ky.gov/bus/Pages/default.aspx Kentucky Current Entity Database: https://web.sos.ky.gov/bussearchnprofile/search.aspx Kentucky Business Filings FAQ: https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx Kentucky Filing Fees: https://www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx Kentucky Online Business Forms Library: https://www.sos.ky.gov/bus/Forms/Pages/default.aspx Kentucky Nonprofit Articles of Incorporation: https://web.sos.ky.gov/forms/corp/NAI-Articles%20of%20Incorporation-Non-Profit%20Corporation.pdf Kentucky Foreign Registration Form: https://web.sos.ky.gov/forms/corp/FBE-Certificate%20of%20Authorization_Foreign%20Business%20Entity.pdf Kentucky Document Online Services Index: https://web.sos.ky.gov/ofx/ Kentucky Secretary of State FAQ, including processing times: https://www.sos.ky.gov/bus/business-filings/Pages/FAQs.aspx Kentucky Annual Report online filing: https://web.sos.ky.gov/fasttrack/(S(dd4fvsjvqcelwxg4gqi5qfas))/ARP_Search.aspx Kentucky Office of the Attorney General Charitable Giving Page: https://www.ag.ky.gov/Resources/Consumer-Resources/charity/Pages/default.aspx Kentucky Attorney General Registration Requirements for Charitable Organizations: https://www.ag.ky.gov/Resources/Consumer-Resources/charity/Pages/registration.aspx Kentucky Charities Forms Page: https://www.sosnc.gov/forms/by_title/_Charities_Charities_Sponsors Kentucky Department of Revenue: https://revenue.ky.gov/Pages/index.aspx# Kentucky Sales & Use Tax FAQ: https://revenue.ky.gov/Business/Sales-Use-Tax/Pages/default.aspx Tennessee Resources: Tennessee Secretary of State Business Division website: https://sos.tn.gov/businesses Tennessee New Business Entities Guide: https://sos.tn.gov/businesses/guides/next-steps-for-a-new-business Tennessee Secretary of State Business Services Page: https://tnbear.tn.gov/ecommerce/default.aspx Tennessee current entity database: https://tnbear.tn.gov/Ecommerce/FilingSearch.aspx Tennessee Forms and Fees: https://sos.tn.gov/businesses/forms-and-fees Tennessee Charter Nonprofit Corporation form and instructions: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/ss-4418_1.pdf?VersionId=8GR2EXCl7I79uoVn7gbENREfPCv3izGX Tennessee Foreign Application for Certificate of Authority Nonprofit Corporation form and instructions: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/ss-4432.pdf?VersionId=hU1Nyurp7V25TNK0x.1n6lwgMD4rESzx Tennessee Annual Report video FAQ for annual reports: https://sos.tn.gov/press-releases/business-services-launches-annual-report-how-videos Tennessee Annual Report online filing: https://tnbear.tn.gov/Ecommerce/AnnualReportID.aspx Tennessee Secretary of State Division of Public Charities page: https://sos.tn.gov/charities Tennessee Secretary of State Division of Public Charities Online Charity Filing System: https://tncab.sos.tn.gov/ Tennessee registered Charities entity database: https://tncab.sos.tn.gov/portal/registered-charities-search Tennessee Nonprofits online Handbook: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/A%20Guidebook%20for%20Tennessee%20Nonprofits.pdf Tennessee Department of Revenue New Business website: https://www.tn.gov/revenue/for-businesses/for-new-businesses.html Tennessee Department of Revenue Tax Exemptions FAQ: https://www.tn.gov/revenue/for-businesses/for-new-businesses/exemptions.html If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 077: California Regulation of Charitable Fundraising Platforms Part 2: Reporting Due Diligence Recordkeeping and Disclosure Rules | 22 Apr 2024 | 00:23:57 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This episode covers the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising platforms soliciting in California. Although this is a California law, it is of nationwide interest. The California Attorney General rulemaking has just become final, and several of the new provisions of Title 11 of the California Code of Regulations (CCRs) became effective March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. Today, we cover the details of the reporting obligations, due diligence for the platforms, disclosure and consent requirements, and recordkeeping recommendations for charitable fundraising platforms and platform charities. Show Notes: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): oag.ca.gov/charities/pl Form PL-1 oag.ca.gov/system/files/media/PL-1.pdf Form PL-2 oag.ca.gov/system/files/media/PL-2.pdf Form PL-3 oag.ca.gov/system/files/media/pf-form-PL-3.pdf Form PL-4 oag.ca.gov/system/files/media/pf-form-PL-4.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 076: California Regulation of Charitable Fundraising Platforms - Part I Definitions | 08 Apr 2024 | 00:15:34 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 76, I introduce the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9). These rules are relevant to all covered charitable fundraisers and fundraising platforms that are soliciting in California, so although this is a California law, it is of nationwide interest. The California Attorney General's rulemaking has just become final, and several new provisions of the California Code of Regulations became effective on March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. In part one, I introduce key concepts and definitions. Resources: YouTube channel: https://www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): https://oag.ca.gov/charities/pl California Code of Regulations: Definitions Regarding Charitable Fundraising Platforms and Platform Charities EO Radio Show #29: Nonprofit Basics: What You Need To Know About Expenditure Responsibility If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 075: Nonprofit Quick Tip: State Filings in North Carolina and South Carolina | 25 Mar 2024 | 00:17:31 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we move south to look at the basic state filing requirements for nonprofit corporations operating in North Carolina and South Carolina. You can find all the prior episodes on our website or on the Farella YouTube channel, where there is a playlist just for state filing requirements. We'll work our way through the rest of the states in future episodes. Resources: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts EO Radio Show EP #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance North Carolina: North Carolina Secretary of State Nonprofit Organizations Search: North Carolina Secretary of State Charities & Fundraisers Search (sosnc.gov) North Carolina Secretary of Business Domestic Registrations: https://www.sosnc.gov/divisions/business_registration North Carolina current entity database: https://www.sosnc.gov/online_services/search/by_title/_Business_Registration North Carolina Domestic Nonprofit Forms Index: https://www.sosnc.gov/forms/by_title/_Business_Registration_Nonprofit_Corporations North Carolina Secretary of Business Foreign Registrations: https://www.sosnc.gov/Guides/register_a_foreign_business North Carolina Foreign Registration Forms Index: https://www.sosnc.gov/Guides/register_a_foreign_business/requirements North Carolina Document Online Submission Portal: https://www.sosnc.gov/Guides/online_submission_Of_business_filings North Carolina Processing Times: https://www.sosnc.gov/Guides/online_submission_Of_business_filings/choose_the_examination_method North Carolina Annual Report FAQ: https://www.sosnc.gov/frequently_asked_questions/by_title North Carolina Secretary of State Charities Division: https://www.sosnc.gov/divisions/charities North Carolina Secretary of State Charities Licensing: https://www.sosnc.gov/divisions/charities/licensing North Carolina Charities Forms: https://www.sosnc.gov/forms/by_title/_Charities_Charities_Sponsors North Carolina Charities FAQ: https://www.sosnc.gov/frequently_asked_questions/by_title/_charities_general_public North Carolina Department of Revenue: https://www.ncdor.gov/ North Carolina Sales Tax Exemption FAQ: https://www.ncdor.gov/taxes-forms/sales-and-use-tax/sale-and-purchase-exemptions South Carolina: South Carolina Secretary of State Charities, Professional Fundraisers and Raffles search: https://sos.sc.gov/online-filings/charities-pfrs-and-raffles/search-charities South Carolina Secretary of State Business Division website: https://sos.sc.gov/online-filings/business-entities South Carolina Business Entities Online website: https://businessfilings.sc.gov/businessfiling South Carolina Business Entities FAQ: https://sos.sc.gov/faqs-about-business-entities South Carolina Secretary of State business resources: https://sos.sc.gov/business-resouces South Carolina current entity database: https://businessfilings.sc.gov/BusinessFiling/Entity/Search South Carolina Forms and Fees Schedule: https://businessfilings.sc.gov/BusinessFiling/Home/CategorizedForms South Carolina CL-1 Initial Report form and instructions: https://dor.sc.gov/forms-site/Forms/CL1.pdf South Carolina Department of Revenue Annual Filing FAQ: https://dor.sc.gov/tax/eleemosynary South Carolina Secretary of State Division of Public Charities: https://sos.sc.gov/online-filings/charities-pfrs-and-raffles/charities If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 074: Employment Law Update for Nonprofits With Holly Sutton | 18 Mar 2024 | 00:20:58 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly Sutton, the chair of Farella's employment law practice and first-rate resource for complicated employment issues for nonprofit and private clients. She will update us on what's new in California and federal laws that employers need to think about. She also provides some tips on how to think about risk management and employment law compliance now that remote work is here to stay—and even small nonprofit organizations often need to navigate employment laws in several jurisdictions. Resources: Farella Employment Law Symposium YouTube playlist Farella employment law publications If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 073: Nonprofit Basics: Unpacking Prudent Investments, PRIs, and MRIs | 11 Mar 2024 | 00:23:26 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 73 discusses frequently used terms in the nonprofit world pertaining to investment activities. Public charity and private foundation directors and officers need to understand their obligations as fiduciaries when determining whether an investment opportunity meets the criteria for a prudent investment, a program-related investment, or a mission-related investment. This episode unpacks the rules around each term, covering a basic explanation of "prudent investment," "PRI," and "MRI." The episode concludes with recommendations for ensuring that a private foundation's investments qualify as PRIs and best practices for developing an investment policy statement that covers the overall portfolio investment policy statement. Resources: Farella YouTube channel: www.youtube.com/@farellabraunmartel/podcasts EO Radio Show #16: Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors EO Radio Show #35: Hot Topic: UPMIFA in the Context of Financial System Instability IRS Issue Podcasts for charities: www.stayexempt.irs.gov/home/resource-library/issue-podcasts Instructions for 990PF: www.irs.gov/pub/irs-pdf/i990pf.pdf IRS pages on Expenditure Responsibility and Program Related Investments: UPMIFA Documents: www.uniformlaws.org/committees/community-home?CommunityKey=043b9067-bc2c-46b7-8436-07c9054064a3 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 072: Nonprofit Quick Tip: State Filings in Florida and Louisiana | 04 Mar 2024 | 00:19:35 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the ninth in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients - most of whom have a connection with California. In other episodes, we focused on the state filings in Nevada, Arizona, Washington State, Oregon, Alaska, Hawaii, New York, New Jersey, Massachusetts, Connecticut, Maine, Vermont, Rhode Island, and New Hampshire. With the help of Joe Hilliard, Senior Paralegal at Farella Braun + Martel, today we move south to look at the basic state filing requirements for nonprofit corporations operating in Florida and Louisiana. We'll work our way through the rest of the states in future episodes. Resources: YouTube channel: https://www.youtube.com/@farellabraunmartel/podcasts For Florida: Florida Department of State Corporations page: https://dos.fl.gov/sunbiz/ Florida's current entity database: https://search.sunbiz.org/Inquiry/CorporationSearch/ByName Florida Department of State Nonprofits formation FAQ: https://dos.fl.gov/sunbiz/start-business/efile/fl-nonprofit-corporation/ Florida Corporations Form Index: https://dos.fl.gov/sunbiz/forms/corporations/ Florida Domestic Nonprofit Articles of Incorporation Instructions: https://dos.fl.gov/sunbiz/start-business/efile/fl-nonprofit-corporation/instructions/ Florida Domestic Nonprofit Articles of Incorporation Form: https://form.sunbiz.org/pdf/cr2e006.pdf Florida Application by a Foreign Not for Profit Corporation for Authorization to Conduct its Affairs Form: https://form.sunbiz.org/pdf/cr2e021.pdf Florida Nonprofit Annual Report FAQ: https://dos.fl.gov/sunbiz/manage-business/efile/annual-report/ Florida Annual Report Instructions: https://dos.fl.gov/sunbiz/manage-business/efile/annual-report/instructions/ Florida Processing Dates: https://dos.fl.gov/sunbiz/document-processing-dates/ Florida Solicitations of Contributions FAQ: https://www.fdacs.gov/business-services/solicitation-of-contributions Florida Charitable Organization Lookup: https://csapp.fdacs.gov/CSPublicApp/CheckACharity/CheckACharity.aspx Florida Department of Revenue: https://floridarevenue.com/Pages/default.aspx Florida Sales Tax Exemption Application FAQ and Application: https://floridarevenue.com/Forms_library/current/dr5.pdf For Louisiana: Louisiana Secretary of State Corporations Division website: https://www.sos.la.gov/BusinessServices/Pages/default.aspx Louisiana geauxBIZ website: https://geauxbiz.sos.la.gov/ Louisiana Secretary of State business formations FAQ page: https://www.sos.la.gov/BusinessServices/FileBusinessDocuments/Pages/default.aspx Louisiana Secretary of State FAQ: https://www.sos.la.gov/BusinessServices/FileBusinessDocuments/FrequentlyAskedQuestions/Pages/default.aspx?OwnershipName=FileBusinessDocuments&faqid=0 Louisiana current entity database: https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx Louisiana Forms and Fees Schedule: https://www.sos.la.gov/BusinessServices/FileBusinessDocuments/GetFormsAndFeeSchedule/Pages/default.aspx If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 071: Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary | 26 Feb 2024 | 00:30:11 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This week, I am delighted to have Stephanie Hood return as my guest. Stephanie is my colleague at Farella Braun + Martel, and a key member of our top-notch estate planning practice and private client industry group. Our clients often come to us with a request to help them think about funding charities during their lifetimes and through their estate plans. In addition to thinking about how to structure the gifts to ensure their charitable intent is carried out, many of these clients are also sensitive to the federal and state tax consequences of their gifts. Stephanie is here today to talk through the complex rules and some traps for the unwary. Resources: Farella YouTube Private Foundations playlist EO Radio Show #63: New Proposed Regulations Defining Donor Advised Fund Terms EO Radio Show #64: Exceptions to the DAF Definition Under the Proposed Regulations EO Radio Show #65: The New Proposed Regulations on DAFs: Taxable Distributions and the Penalty Tax EO Radio Show #44: Charitable Bequests with Stephanie Hood If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.
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| 070: Nonprofit Basics: Scholarship Grant Program IRS Approval Requirements | 12 Feb 2024 | 00:19:30 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Today's episode focuses on IRC Section 4945(g), which provides an exception for grants to individuals so that the penalty taxes for such grants won't apply. We cover the requirements for a private foundation to establish a program that makes grants to individuals, awarded on an objective and nondiscriminatory basis according to a procedure approved in advance by the IRS. The episode covers the requirements for demonstrating to the satisfaction of the IRS that the grant constitutes a scholarship or fellowship grant or the grant constitutes a prize or award, the purpose of which is to achieve a specific objective, produce a report or other similar product, or improve or enhance a literary, artistic, musical, scientific, teaching, or other similar capacity, skill, or talent of the grantee. Resources: IRS Website link for Form 8940 and Instructions for requesting pre-approval of a grant procedure. Compliance Guide for 501(c)(3) Private Foundations IRS Site on Private Foundation Grants to Individuals Private Letter Ruling 202337010 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 096: Fraud Risks in Nonprofit Organizations Part 3: Building an Effective Framework of Internal Controls | 23 Sep 2024 | 00:22:58 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the third in a series of episodes studying financial fraud at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner, we continue our discussion following the previous episodes where we were looking at real-life case studies of fraud at nonprofits, and some concrete steps an organization can take immediately to mitigate fraud risks. In this episode, we wrap up our discussion on fraud prevention techniques with a close look at building an effective system of internal controls. Our last episode in the series, "Ask a Certified Fraud Examiner," will answer listener questions. Please email them to eoradioshow@fbm.com. Show Notes: Sly Atayee, Director, BDO USA, Certified Fraud Examiner COSO Integrated Internal Control Framework Executive Summary Overview of the fraud triangle: Fraud 101: What Is Fraud? EO Radio Show #94: Fraud Risks at Nonprofit Organizations - Part 1 EO Radio Show #95: Steps Your Nonprofit Can Take to Mitigate Fraud Risks - Part 2 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 069: Quick Tip: State Filings in Rhode Island and New Hampshire | 05 Feb 2024 | 00:19:29 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the eighth in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, Senior Paralegal at Farella Braun + Martel, today we look at the basic state filing requirements for nonprofit corporations operating in Rhode Island and New Hampshire, such as ease of formation, available standardized documents, filing fees, and similar matters. The laws of all the States prescribe certain formalities that organizers of business entities must go through so that the entity can be regulated and subject to legal process as a person. As with all the States we have discussed, if you do business as a nonprofit in Rhode Island or New Hampshire or solicit charitable contributions there (even if just through the nonprofit corporation's website), the nonprofit may need to have a legal presence and be registered in these two States. Resources: YouTube channel: https://www.youtube.com/@farellabraunmartel/podcasts For Rhode Island:
For New Hampshire:
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 068: REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Private Foundation Advocacy | 29 Jan 2024 | 00:20:02 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Here we are, solidly in the 2024 election year, and that means that private foundations need to refresh their understanding of election year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3) and avoid the onerous private foundation excise taxes that come into play if a private foundation funds impermissible legislative lobbying. This week's episode is a refresh of EO Radio Show's episode 8, first released on July 25, 2022. For more information on these related election year issues, listeners may want to go back to episode 66, which covered the limitations in IRC Section 501(c)(3) relating to candidate campaign intervention. Episode 67 refreshed an earlier episode that focused on allowable educational and advocacy activities for public charities, including a discussion of the definition of "lobbying" and the two different rules that apply to public charity, the first of which is the subjective test of Section 501(c)(3) and the second alternative, which is the elective test for charities that make the 501(h) election. Resources: Webinar: Election Year Issues for Private Foundations and Public Charities Bolder Advocacy Article: Private Foundations May Advocate If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 067: REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Legislative Lobbying and Advocacy Rules for Public Charities | 22 Jan 2024 | 00:15:00 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. As most listeners are undoubtedly aware, 2024 is an election year, and that means that charities and private foundations need to refresh their understanding of election-year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3). This week's episode is a refresh of EO Radio Show episode 7, first released on July 18, 2022. Today's focus is on allowable educational and advocacy activities for public charities, including a discussion of the definition of "lobbying" and the two different rules that apply to public charity. The first is the subjective test of Section 501(c)(3), and the second alternative is the elective test for charities that make the 501(h) election to allow for an objective limitation on lobbying expenditures. For more information on these related election year issues, listeners may want to go back to last week's episode 66, covering the limitations in IRC section 501(c)(3) relating to candidate campaign intervention. Stay tuned for episode 68, which will refresh episode 8, covering permissible private foundation policy advocacy activities, also likely to be a hot topic in 2024. Be sure to check out the show notes for resources from the IRS on these topics, and check out the Farella Braun + Martel YouTube channel for the complete EO Radio Show playlist. Resources: Farella Webinar: Election Year Issues for Private Foundations and Public Charities Bolder Advocacy Podcast:https://bolderadvocacy.org/podcast/ IRS Chart: Common Tax Law Restrictions on Activities of Exempt Organizations IRS Form 5768 for 501(h) election:https://www.irs.gov/pub/irs-pdf/f5768.pdf National Council of Nonprofits: Taking the 501(h) Election:https://www.councilofnonprofits.org/taking-the-501h-election Treasury Regulations on Exempt Purpose Expenditures:https://www.law.cornell.edu/cfr/text/26/56.4911-4 Farella YouTube podcasts If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 066: REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Candidate Campaign Intervention | 08 Jan 2024 | 00:20:17 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 66 of EO Radio Show. Happy New Year to all of you! As most listeners are undoubtedly aware, 2024 is an election year, and that means that charities and private foundations need to refresh their understanding of election-year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3). This week's episode is a refresh of episode 6 of EO Radio Show, first released on July 7, 2022. Episode 6 covered the limitations of 501(c)(3) relating to candidate campaign intervention. I'll also refresh Episodes 7 and 8 in the next few weeks. These episodes address legislative lobbying by public charities and private foundations, which will also likely be hot topics in 2024. Check out the show notes for resources from the IRS on these topics, and check out the Farella Braun + Martel YouTube channel for the complete EO Radio Show playlist. Resources: Farella Webinar: Election Year Issues for Private Foundations and Public Charities Bolder Advocacy Resource Library IRS Chart: Common Tax Law Restrictions on Activities of Exempt Organizations Treasury Regulation 53.4945-3, Voter Registration Drives Instructions for IRS Form 8940, Request for Miscellaneous Determinations, used to obtain advance approval of certain voter registration drives under IRC 4945(f) Farella YouTube podcasts If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 065: The New Proposed Regulations on DAFs Taxable Distributions and the Penalty Tax | 18 Dec 2023 | 00:18:53 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. In today's episode, the final episode on the new DAF regulations, we take a close look at the new Proposed Regulations 53.4966-2 and -5, which cover the definition of taxable distributions from donor advised funds and the onerous penalty taxes that can apply. When a fund is a DAF, and a distribution is a taxable distribution, significant penalties apply to the sponsoring organization and the donor advisor or fund advisor. This episode discusses the new guidance on what distributions are taxable and the amount of the penalty taxes imposed. Resources: Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 EO Radio Show - EP 64: Exceptions to the DAF Definition Under the Proposed Regulations EO Radio Show - EP 63: New Proposed Regulations Defining Donor Advised Fund Terms EO Radio Show - EP 62: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations EO Radio Show - EP 61: In the Weeds With New Supporting Organization Regulations EO Radio Show - EP 24: Nonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting Organizations EO Radio Show - EP 23: Nonprofit Basics: Supporting Organizations - Part 1 EO Radio Show – EP 29: Nonprofit Basics: What You Need To Know About Expenditure Responsibility If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 064: Exceptions to the DAF Definition Under the Proposed Regulations | 11 Dec 2023 | 00:21:32 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 64 continues the exploration of the new proposed regulations important to the administration of Donor Advised Funds. The Internal Revenue Service and the Treasury Department published a Notice of proposed rulemaking on November 13, 2023, which was officially published in the Federal Register on November 14, 2023. The Proposed Regulations provide guidance to sponsoring organizations, which include community foundations and many other types of charities that maintain one or more DAFs. The Proposed Regulations are also important for persons involved with DAFs, including the donors, the donor advisors, related persons, and certain fund managers. Episodes 62 and 63 covered the basic rules that apply to sponsoring organizations and DAFs and looked closely at the defined terms in Proposed Regulations. In this episode, we cover the important exceptions to the DAF definitions that take certain funds held by sponsoring organizations out of the onerous penalty tax regime that can apply to the operations of DAFs. Resources: Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 EO Radio Show - EP 63: New Proposed Regulations Defining Donor Advised Fund Terms EO Radio Show - EP 62: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations EO Radio Show – EP 10: Nonprofit Basics: Setting up a New Charity for Disaster Relief EO Radio Show – EP 9: Nonprofit Basics: Charitable Support for Individuals Affected by a Disaster If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 063: New Proposed Regulations Defining Donor Advised Fund Terms | 04 Dec 2023 | 00:22:30 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 63 explores new proposed regulations important to the administration of Donor Advised Funds (DAFs). The Internal Revenue Service and the Treasury Department published a Notice of proposed rulemaking on November 13, 2023, which was officially published in the Federal Register on November 14, 2023. The Proposed Regulations provide guidance to sponsoring organizations, which include community foundations and many other types of charities that maintain one or more DAFs. The Proposed Regulations are also important for persons involved with DAFs, including the donors, the donor advisors, related persons, and certain fund managers. In the previous EO Radio Show, episode 62, I introduced the basic rules that apply to sponsoring organizations and DAFs and a brief summary of the highlights in the Proposed Regulations. This episode looks closely at the defined terms in Proposed Regulations sections 53.4966-1 and -3 and includes a brief summary of the highlights in the Proposed Regulations. In upcoming episodes, we'll discuss the exceptions to the definition of a DAF, and the penalties that can apply if a DAF makes taxable distributions. Resources: Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 EO Radio Show EP 62: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations EO Radio Show EP 61: In the Weeds With New Supporting Organization Regulations EO Radio Show EP 23: Nonprofit Basics: Supporting Organizations - Part 1 EO Radio Show EP 24: Nonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting Organizations If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 062: An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations | 27 Nov 2023 | 00:20:33 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 62 describes new proposed regulations important to the administration of donor advised funds. The Internal Revenue Service and the Treasury Department published a Notice of proposed rulemaking on November 13, 2023, officially published in the Federal Register on November 14, 2023. These Proposed Regulations guide sponsoring organizations, which include community foundations and many other types of charities that maintain one or more donor advised funds. The Proposed Regulations are also important for persons involved with donor advised funds, including the donors, the donor advisors, related persons, and certain fund managers. This episode introduces the basic rules that apply to sponsoring organizations and donor advised funds and includes a brief summary of the highlights of the Proposed Regulations. Resources: Federal Register: Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 061: In the Weeds With New Supporting Organization Regulations | 13 Nov 2023 | 00:21:46 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode discusses highly technical Supporting Organization rules for public charity qualifications for charitable organizations. Last year, episodes 23 and 24 of EO Radio Show covered the complex rules that describe supporting organizations, which are a special classification of public charity for US federal income tax purposes. All supporting organizations must pass complicated tests intended to ensure that the supported organization is not effectively a private foundation. These rules were initially enacted in 2006, and proposed regulations were published in 2016. On October 13, 2023, the US Treasury released new final regulations that make minor changes to the Type I test and more significant clarifications to the Type III requirements. This episode outlines the changes made in these final regulations applicable to certain parts of the qualification criteria for supporting organizations. Resources: Federal Register: Requirements for Type I and Type III Supporting Organizations EO Radio Show EP 23: Nonprofit Basics: Supporting Organizations - Part 1 EO Radio Show EP 24: Nonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting Organizations If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 060: Refresh: Setting up a New Charity for Disaster Relief | 06 Nov 2023 | 00:17:07 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 60 of EO Radio Show. This week's episode is a refresh of episode 10, first recorded on July 3, 2022. Episode 10 provided a checklist of considerations for nonprofit leaders when organizing a new charity to provide relief to individuals and businesses in the aftermath of a disaster. Sometimes, it feels like I should rerun this episode every month since we seem to be in the midst of disasters in the charitable field all the time. While we seem to be on the other side of the COVID-19 pandemic, we still see a seemingly constant barrage of terrorist attacks, hurricanes, earthquakes, and other disasters around the world. The focus of this episode is on the many steps a new domestic U.S. charitable organization needs to take to be on a solid road to providing the support needed. Also, for an episode that addresses the distinction between disaster relief for a charitable class as compared to a private benefit for a specific individual affected by a disaster, go back to episode 9 of EO Radio Show, and you'll find details there. Resources: Nonprofit State Filings YouTube playlist Episode 5: Nonprofit Basics: Navigating the Complex Rules That Describe A Public Charity Episode 9: Nonprofit Basics: Charitable Support for Individuals Affected by a Disaster IRS Form 3833: Disaster Relief, Providing Assistance Through Charitable Organizations. IRS Form 1023: Application for Recognition of Exemption Under Section 501(c)(3) of the IRC IRS Publication 1771: Charitable Contributions and Substantiation Requirements If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 095: Fraud Risks in Nonprofit Organizations Part 2: 8 Steps Nonprofits Can Take Today To Mitigate Fraud Risks | 16 Sep 2024 | 00:23:10 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 95 is the second in a series of episodes studying financial fraud at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner, we continue our discussion following the previous episode that looked at real-life case studies of fraud at nonprofit organizations. This episode discusses steps your organization can take today to mitigate fraud risks. In the next episode, we'll look closely at fraud prevention techniques for exempt organizations. In our last episode in the series, "Ask A Certified Fraud Examiner," we'll answer listener questions. Please email them to eoradioshow@fbm.com. Show Notes: Sly Atayee, Director, BDO USA, Certified Fraud Examiner Occupational Fraud 2024: A Report to the Nations EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations ABA Guidebook for Directors of Nonprofit Corporations EO Radio Show #94: Fraud Risks at Nonprofit Organizations - Part 1 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 059: Nonprofit Quick Tip: State Filings in Maine and Vermont | 30 Oct 2023 | 00:16:08 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 59 is the seventh in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients - most of whom have a connection with California. Episode 40 focused on filings in Nevada and Arizona; 43 looked at Washington State and Oregon; 47 addressed Alaska and Hawaii; 52 looked at New York and New Jersey; and most recently episode 55 looked at Massachusetts and Connecticut. With the help of Joe Hilliard, this episode looks at the basic state filing requirements for nonprofit corporations operating in Maine and Vermont. We'll work through the rest of the states in future episodes. Resources: For Maine: Maine Secretary of State Corporations page: https://www.maine.gov/sos/cec/ Maine current entity database: https://apps1.web.maine.gov/nei-sos-icrs/ICRS?MainPage=x Maine nonprofit formation FAQ, including forms and fees: https://www.maine.gov/sos/cec/corp/nonprofit.html Maine filing FAQ: https://www.maine.gov/sos/cec/corp/miscellaneous.html Maine Domestic Nonprofit Articles of Incorporation form: https://www.maine.gov/sos/cec/forms/nonprofit/mnpca6.pdf Maine Application for Authority to Carry on Activities form: https://www.maine.gov/sos/cec/forms/nonprofit/mnpca12.pdf Maine Annual Report online form request: https://www.maine.gov/sos/cec/corp/annual.html Maine Annual Report paper form request: https://apps1.web.maine.gov/online/aro/form_download.html Maine Professional & Financial Regulation Charitable Solicitations Act Licensing website: https://www.maine.gov/pfr/professionallicensing/professions/charitable-solicitations-act Maine Charitable Organization License Application: https://www.maine.gov/pfr/professionallicensing/sites/maine.gov.pfr.professionallicensing/files/inline-files/CHA-org-app.pdf Maine Sales Tax Exemption FAQ: https://www.maine.gov/revenue/taxes/sales-use-service-provider-tax/tax-exempt-organizations Maine Association of Nonprofits website: https://www.nonprofitmaine.org/starting-a-maine-nonprofit For Vermont: Vermont Secretary of State Business Services website: https://sos.vermont.gov/corporations/ Vermont current entity database: https://bizfilings.vermont.gov/online/BusinessInquire/ Vermont Nonprofit Corporation FAQ: https://sos.vermont.gov/corporations/registration/domestic-registration/nonprofit-corp/ Vermont Attorney General "Understand Your Responsibilities: Guidance for Board Members of Charitable Nonprofit Organizations in Vermont:" https://ago.vermont.gov/sites/ago/files/wp-content/uploads/2018/01/Charitable-Nonprofit-Board-Guidance.pdf Vermont Forms and Fees FAQ: https://sos.vermont.gov/corporations/fees/#tnonprofit2 Vermont Annual Report online form request: https://sos.vermont.gov/corporations/renewals-updates/reports-renewals/annual-biennial-reports/ Vermont Office of the Attorney General Charitable Registration: https://ago.vermont.gov/divisions/charities-and-paid-fundraisers Vermont Department of Taxes website: https://tax.vermont.gov/ If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 058: Nonprofit Basics: What Nonprofits Need To Know About Expenditure Responsibility Grant Requirements | 23 Oct 2023 | 00:18:32 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. Today, I'm talking about the meaning of expenditure responsibility or ER grants made by private foundations. The term expenditure responsibility refers to the rules that a private grant-making foundation follows to avoid the onerous penalty tax on a grant or transaction that would otherwise be a taxable expenditure if made by the private foundation. Taxable expenditures include various types of grants and expenses paid by private foundations, which the Internal Revenue Code prohibits. These types of prohibited payments include lobbying, politicking, and candidate campaign expenses; grants to individuals for travel, study, or other similar purposes unless specific requirements are met; and grants that are not for charitable purposes. A final bucket of grant types that can cause a foundation to be penalized under these rules are grants made to organizations that are not classified as a public charity or an operating foundation unless the foundation exercises expenditure responsibility with respect to that grant. So, this is where the ER rules come into play. Expenditure responsibility is comprised of five requirements. We'll walk through all five elements in this episode. Resources: Farella YouTube podcast channel IRS Issue Podcasts for charities IRS pages on Expenditure Responsibility:
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 056: What Nonprofit Board Leadership Needs To Know About Internal Investigations | 02 Oct 2023 | 00:21:10 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today we'll cover an important governance topic for all nonprofit organizations. That is, what leadership needs to know about internal investigations. I'm delighted to have Farella partner Aviva Gilbert with me today to answer a few frequently asked questions about internal investigations in the context of nonprofit organizations. Resources: Aviva J. Gilbert, Partner, Farella Braun + Martel EO Radio Show EP #4: Internal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come Calling EO Radio Show EP #13: Nonprofit Basics: Document Retention Policies and Subpoenas, and a Conversation With Aviva Gilbert on Why Good Policies Matter Investigations, Audits, Subpoenas, Oh My! (Webinar) EO Radio Show Nonprofit Risk Management playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 055: Nonprofit Quick Tip: State Filings in Massachusetts and Connecticut | 27 Sep 2023 | 00:19:51 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 55 is the sixth in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we talked about a number of states. If you want to go back and look at them, episode 38 was Delaware and California, which are the most frequently used by our clients - most of whom have a connection with California; 40 focused on filings in Nevada and Arizona; 43 looked at Washington State and Oregon; 47 addressed Alaska and Hawaii; and most recently episode 52 looked at New York and New Jersey. With the help of Joe Hilliard today, we look at the basic state filing requirements for nonprofit corporations operating in Massachusetts and Connecticut. We'll work through the rest of the states in future episodes. Resources: Nonprofit state filings YouTube playlist For Massachusetts:
For Connecticut:
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 054: Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid | 18 Sep 2023 | 00:48:29 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are again lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. In the previous episode, we discussed the major components of a term sheet. Today, we'll dive deeper into the lease agreement, including those boilerplate provisions and why they matter to the nonprofit tenant. Resources: Quinn Arntsen bio EO Radio Show EP #53: Real Estate Leasing Tips for Nonprofits EO Radio Show EP #32: Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? EO Radio Show EP #33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation EO Radio Show EP #34: Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions Webinar: What Nonprofits Need to Know About Landlord-Tenants Relationships and Insurance Nonprofit Education Series YouTube playlist Real Estate Industry Education series webinars If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 053: Real Estate Leasing Tips for Nonprofits | 11 Sep 2023 | 00:38:17 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are lucky to have Farella partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. Leasing real property is a big commitment. And it can be daunting for nonprofit executives who haven't been through the process a few times, especially for a long-term lease commitment. Quinn will walk us through the basic issues and the major components of a term sheet that need to be considered by the nonprofit tenant. Resources: Quinn Arntsen bio Nonprofit Education Series YouTube playlist Webinar: What Nonprofits Need to Know About Landlord-Tenants Relationships and Insurance Real Estate Industry Education series webinars EO Radio Show EP #32: Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? EO Radio Show EP #33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation EO Radio Show EP #34: Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 052: Nonprofit Quick Tip: Registration in New York and New Jersey | 28 Aug 2023 | 00:26:26 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fifth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today, we jump across the country to look at the basic state filing requirements for nonprofit corporations operating in New York and New Jersey. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Episode 40 focused on Nevada and Arizona, episode 43 looked at Washington State and Oregon, and episode 47 addressed Alaska and Hawaii. We'll work our way through the rest of the states in future episodes. Resources: EO Radio Show Nonprofit State Filing playlist For New York: New York Department of State Corporations page: https://dos.ny.gov/form-corporation-or-business New York Corporations FAQ: https://dos.ny.gov/faqs-corporations-business-entities New York State Business Start-Up FAQ: https://www.ny.gov/services/start-business-new-york-state New York current entity database: https://apps.dos.ny.gov/publicInquiry/ New York Nonprofit Domestic Corporations FAQ: https://dos.ny.gov/certificate-incorporation-domestic-not-profit-corporations-0 New York Domestic Nonprofit Articles of Incorporation form: https://dos.ny.gov/system/files/documents/2023/01/1511-f.pdf New York Nonprofit Foreign Corporations FAQ: https://dos.ny.gov/application-authority-foreign-not-profit-corporations New York Foreign Application for Authority: https://dos.ny.gov/system/files/documents/2018/12/1555-f.pdf New York Expedited Handling FAQ: https://dos.ny.gov/expedited-handling-services-division-corporations New York Financial Report for Certain Not-for-Profit Organizations FAQ: https://dos.ny.gov/financial-reports-be-filed-certain-not-profit-organizations New York Department of Taxation and Finance Sales Tax Exempt FAQ: https://www.tax.ny.gov/bus/st/exempt.htm New York Department of Taxation and Finance Tax Exempt forms: https://www.tax.ny.gov/forms/orpts/exemption.htm New York State Attorney General Charities Registration website: https://ag.ny.gov/resources/organizations/charities-nonprofits-fundraisers/charities-registration
For New Jersey: New Jersey Department of Treasury Division of Revenue and Enterprise Services page: https://www.state.nj.us/treasury/revenue/ New Jersey Government Nonprofit FAQ: https://www.state.nj.us/treasury/taxation/rsb100.shtml New Jersey Business Formation online page: https://www.njportal.com/DOR/BusinessFormation/Home/Welcome New Jersey Government Business Start-Up FAQ: https://business.nj.gov/topics#start New Jersey Business Formation online application page: https://www.state.nj.us/treasury/revenue/gettingregistered.shtml New Jersey NJ-REG online application page: https://www.njportal.com/DOR/BusinessRegistration/ New Jersey current entity database: https://www.njportal.com/DOR/BusinessNameSearch/Search/Availability New Jersey Forms Packet: https://www.state.nj.us/treasury/revenue/pdf/2000.pdf New Jersey Annual Report filing time: https://business.nj.gov/pages/filings-and-accounting?locale=en New Jersey Annual Report FAQ: https://www.njportal.com/DOR/AnnualReports/Home/FAQ# New Jersey Charitable Registration: https://www.njconsumeraffairs.gov/charities/Pages/default.aspx New Jersey Sales and Use Tax Exemption Registration: https://www.state.nj.us/treasury/taxation/index.shtml New Jersey Division of Consumer Affairs Raffles and 50/50 Registration: https://www.njconsumeraffairs.gov/lgccc/pages/default.aspx
If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.
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| 051: Nonprofit Basics: How To Withdraw a Foreign Charity From California Registration | 21 Aug 2023 | 00:11:36 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and in today's episode, I'll touch on the steps necessary to withdraw the registration from the California Registry of Charitable Trusts of a nonprofit that is a foreign corporation. In episode 49, I covered the dissolution of a domestic California nonprofit corporation and the procedures necessary to accomplish the withdrawal of that type of entity. Part of that process includes notification to the California Attorney General's office of the circumstances of the dissolution and a request for the Attorney General to permit the dissolution of the California nonprofit. When a foreign nonprofit dissolves, or if it simply wishes to withdraw from California, the foreign nonprofit also has to reach out to the California Registry of Charitable Trusts and follows certain similar procedures to withdraw effectively. Resources: California Attorney General's website on dissolution and withdrawal: https://oag.ca.gov/charities/dissolution California Exempt Organization Annual Information Return Booklet: https://www.ftb.ca.gov/forms/2022/2022-199-booklet.html California form 199: https://www.ftb.ca.gov/forms/2022/2022-199.pdf Site for checking Registry of Charitable Trusts status: https://oag.ca.gov/charities/content/info Site for checking Secretary of State status: CA SOS: https://bizfileonline.sos.ca.gov/search/business Site for checking tax-exempt status in California: CA FTB: https://webapp.ftb.ca.gov/eLetter/ EO Radio Show Ep #49: Nonprofit Basics: Winding up a California Charity If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 050: Impact of California Supreme Court Case on Director Enforcement Actions | 14 Aug 2023 | 00:18:54 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource.I'm Cynthia Rowland, and today I'm going to discuss some breaking news in the California nonprofit legal environment, the California Supreme Court case, Turner vs Victoria. The decision was issued on August 3, 2023, and is an important California case on the rights of a nonprofit public benefit corporation director to bring a lawsuit against fellow directors for breaches of several California Corporations Code sections. Those include 5142, 5233, and 5223 of the California Corporations Code, which cover actions to remedy breach of charitable trust, recover damages for self-dealing transactions, or remove from office any other director guilty of a malfeasance. So listen in as we talk about the California Supreme Court's decision in this very important case. Resources: Turner v. Victoria: www.courts.ca.gov/opinions/documents/S271054.PDF YouTube EO Radio Show Nonprofit Governance playlist EO Radio Show EP #3: Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation EO Radio Show EP #4: Internal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come Calling If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 094: Fraud Risks in Nonprofit Organizations Part 1: Learning From Real-Life Case Studies | 09 Sep 2024 | 00:23:16 | |
Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 94 is the first in a series of episodes where we look at fraud and fraud risks at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a Certified Fraud Examiner, this episode launches the series with case studies of fraud at nonprofit organizations. In the next few episodes, we'll talk about immediate steps an organization can take to mitigate fraud risks and big-picture fraud prevention techniques for exempt organizations. Our last episode in the series, "Ask a Certified Fraud Examiner," will answer listener questions sent to our mailbox at EORadioShow@fbm.com. Show Notes: Sly Atayee, Director, BDO USA, Certified Fraud Examiner Occupational Fraud 2024: A Report to the Nations EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations ABA Guidebook for Directors of Nonprofit Corporations If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 049: Nonprofit Basics: Winding up a California Charity | 07 Aug 2023 | 00:15:53 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 49 of EO Radio Show summarizes the steps to wind up a charity that is a nonprofit corporation registered and operating in California. There are federal and state income tax considerations to address and organizational formalities, which are slightly different depending on whether the charity is organized as a nonprofit, public benefit corporation, or charitable trust. Our focus today is on the California nonprofit public benefit corporation that is registered with the California Attorney General's Registry of Charitable Trusts. We're going to talk about the path it needs to take as it winds up and dissolves. Resources: General Guide for Dissolving a California Nonprofit Corporation Termination of the organization also needs to be provided to the IRS. See https://www.irs.gov/charities-non-profits/termination-of-an-exempt-organization EO Radio Show EP #1: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship EO Radio Show EP #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance YouTube EO Radio Show Nonprofit Governance playlist YouTube EO Radio Show Nonprofit Basics playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 048: Nonprofit Data and Artificial Intelligence | 31 Jul 2023 | 00:32:05 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and I'm happy to have my colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using or being used by AI tools. We seem to be in the midst of an explosion of conversation about AI: What it can do, who is using it, how it is being used, how beneficial it can be, and how harmful. We'll talk about these evolving legal issues with Nate. This area of the law is just beginning, and most of the law has yet to be considered, so we don't have a lot of answers. With that in mind, here are some considerations that clearly will be part of the legal discourse among nonprofits and their advisors regarding artificial intelligence. Resources: EO Radio Show #20: Copyright Issues for Nonprofits EO Radio Show #26: Nonprofit Websites and Terms of Use - Best Practices and Common Pitfalls EO Radio Show #27: Privacy Policy Best Practices for Nonprofits If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 047: Nonprofit Quick Tip: State Filings in Alaska and Hawaii | 24 Jul 2023 | 00:22:40 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. Today, with the help of Joe Hilliard, we will discuss the basic state filing requirements for nonprofit corporations operating in Alaska and Hawaii. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Episode 40 focused on the state filings in Nevada and Arizona, and in episode 43, we looked at Washington State and Oregon. We'll work through the rest of the states in future episodes. Resources: YouTube playlist For AK: Alaska Department of Commerce, Community, and Economic Development website for Division of Corporations, Business and Professional Licensing – Corporations page: www.commerce.alaska.gov/web/cbpl/Corporations.aspx Alaska Division of Corporations Nonprofit and Religious Corporations FAQ: www.commerce.alaska.gov/web/cbpl/corporations/nonprofitandreligiousfaqs.aspx Alaska's current entity database: www.commerce.alaska.gov/cbp/main/search/entities Alaska Forms and Fees: www.commerce.alaska.gov/web/cbpl/Corporations/CorpFormsFees/FormsbyEntity.aspx Alaska Domestic Nonprofit Articles of Incorporation form: www.commerce.alaska.gov/web/Portals/5/pub/08-438.pdf Alaska Foreign Certificate of Authority: www.commerce.alaska.gov/web/Portals/5/pub/08-452.pdf Alaska Post-Formation Entity Responsibility FAQ: www.commerce.alaska.gov/web/Portals/5/pub/Entity_Responsibility.pdf Alaska Department of Commerce, Community, and Economic Development website for Division of Corporations, Business and Professional Licensing – Business Licensing page: www.commerce.alaska.gov/web/cbpl/BusinessLicensing.aspx Alaska Business Licensing Structure FAQ: www.commerce.alaska.gov/web/cbpl/BusinessLicensing/BusinessStructureFAQs.aspx Alaska Department of Law: law.alaska.gov/department/civil/consumer/cp_charities.html Alaska Department of Revenue, Tax Division website for Charitable Gaming: www.tax.alaska.gov/programs/programs/index.aspx?54160 For HI: Hawaii Department of Commerce and Consumer Affairs Business Registration: cca.hawaii.gov/breg/ Hawaii Secretary of State Domestic Nonprofits FAQ: cca.hawaii.gov/breg/registration/dnc/ Hawaii Secretary of State Foreign Nonprofits FAQ: cca.hawaii.gov/breg/registration/fnpc/ Hawaii's current entity database: hbe.ehawaii.gov/documents/search.html Hawaii Forms and Fees: cca.hawaii.gov/breg/registration/ Hawaii Nonprofit Domestic Articles of Incorporation: files.hawaii.gov/dcca/breg/registration/forms/dnp-1-pdf.pdf Hawaii Nonprofit Foreign Application for Certificate of Authority: files.hawaii.gov/dcca/breg/registration/forms/fc-1-pdf.pdf Hawaii Filing Tips FAQ: cca.hawaii.gov/breg/filing_tips/ Hawaii Fee Schedule: cca.hawaii.gov/breg/files/2021/04/Form-Fee-Schedule-12-2022.pdf Hawaii processing time: cca.hawaii.gov/breg/geniforegister/#:~:text=Normal%20filings%20can%20be%20accomplished,done%20in%20just%201%20day Hawaii Annual Report Fees: hbe.ehawaii.gov/BizEx/manage-help.eb?type=1 Hawaii Charitable Registration: ag.hawaii.gov/tax// NAICS: US Census website: www.census.gov/naics/ NAICS FAQ: www.census.gov/naics/ If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 046: Independent Audits of Nonprofit Organizations With Douglas Cook | 17 Jul 2023 | 00:41:01 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. Many nonprofit organizations are required to have their financial statements audited by an independent certified public accountant. For example, a nonprofit charity that is required to be registered with the California Registry of Charitable Trusts and which has gross revenues of $2 million or more in a fiscal year must obtain an independent audit. They also must certify to the California Attorney General each year the amount of revenue received and that they have obtained an independent audit. Many other states have similar requirements. Today I'm delighted to be joined by Certified Public Accountant Douglas Cook, who will address frequently asked questions for charities facing their first audit and some unique situations that often surprise his clients. Resources: Douglas Cook LinkedIn Profile: www.linkedin.com/in/douglascook Council of Nonprofits: www.councilofnonprofits.org/running-nonprofit/nonprofit-audit-guidec/state-law-nonprofit-audit-requirements Blue Avocado Accounting Manual Template: blueavocado.org/finance/accounting-procedures-manual-template/ If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||
| 045: Understanding the Form 990-PF With Guest Tracy Hom | 10 Jul 2023 | 00:28:43 | |
Welcome to EO Radio Show – Your Nonprofit Legal Resource. The IRS Form 990-PF is a complicated federal information return that the Internal Revenue Code requires every private foundation to file each year. For this episode, I'm delighted to have as my guest Tracy Hom, a certified public accountant with the firm Realize CPA. Tracy will address some frequently asked questions from private foundation directors and officers when they review their foundation's first Form 990-PF. We'll provide a brief orientation to the form, and we'll cover some of these questions. Resources: Tracy Hom, Managing Partner, Realize CPA: https://realize.cpa/team/ Realize CPA Publications: https://realize.cpa/news/ IRS information page on Form 990-PF: https://www.irs.gov/forms-pubs/about-form-990-pf Form 990-PF for 2022: https://www.irs.gov/pub/irs-pdf/f990pf.pdf Instructions for Form 990-PF for 2022: https://www.irs.gov/pub/irs-pdf/i990pf.pdf EO Radio Show private foundation episodes: Nonprofit Basics: Operating Foundation Rules Loot and Private Foundation Rules – Part 1 Loot and Private Foundation Rules - Part 2 Nonprofit Basics: What You Need To Know About Expenditure Responsibility Nonprofit Basics: Private Foundation Minimum Distribution Requirements Nonprofit Basics: Set-Asides As Qualifying Distributions Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? Nonprofit Basics: Federal Tax Filing Deadlines and Penalties EO Radio Show YouTube private foundation episode playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion. | |||