EO Radio Show

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 [email protected]. 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.

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 [email protected]. 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.

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:

Holly Sutton bio

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 [email protected]. 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.

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:

www.irs.gov/charities-non-profits/private-foundations/terms-of-grants-private-foundation-expenditure-responsibility

www.irs.gov/charities-non-profits/private-foundations/terms-of-program-related-investments-private-foundation-expenditure-responsibility

www.irs.gov/charities-non-profits/private-foundations/violations-of-expenditure-responsibility-requirements-private-foundations

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 [email protected].

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.

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 [email protected]. 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.

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:

Stephanie Hood Bio

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 [email protected]. 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.

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 [email protected]. 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.

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:

• Rhode Island Department of State Corporations page: https://www.sos.ri.gov/divisions/business-services
• Rhode Island's current entity database: https://business.sos.ri.gov/CorpWeb/CorpSearch/CorpSearch.aspx
• Rhode Island Department of State Nonprofits formation FAQ, including forms and fees: https://www.sos.ri.gov/divisions/business-services/non-profit/start-a-non-profit-corporation
• Rhode Island Domestic Nonprofit Articles of Incorporation form: https://docs.sos.ri.gov/documents/BusinessServices/200-articles-of-incorporation.pdf
• Rhode Island Application for Authority for a Non-Profit Corporation Form: https://docs.sos.ri.gov/documents/BusinessServices/250-certificate-of-authority.pdf
• Rhode Island Nonprofit Annual Report FAQ: https://www.sos.ri.gov/divisions/business-services/non-profit/file-your-annual-report
• Rhode Island Nonprofit Annual Report form: https://docs.sos.ri.gov/documents/BusinessServices/631-non-profit-corporation-annual-report.pdf
• Rhode Island Department of Business Regulation Charitable Organizations website: https://dbr.ri.gov/insurance-banking-securities-and-charitable-organizations/securities-and-charities/charitable
• Rhode Island Charitable Organization License Application: https://dbr.ri.gov/sites/g/files/xkgbur696/files/documents/divisions/securities/Charitable_Organizations_Application.pdf
• Rhode Island Sales Tax Exemption FAQ: https://tax.ri.gov/exemptOrg/index.php
• Rhode Island Sales Tax Exemption Application: https://tax.ri.gov/sites/g/files/xkgbur541/files/forms/2021/Field-Audit/ExemptOrgApp_w.pdf

For New Hampshire:

• New Hampshire Secretary of State Corporations Division website: https://www.sos.nh.gov/corporations
• New Hampshire Secretary of State "Quickstart" business formation page: https://quickstart.sos.nh.gov/online
• New Hampshire Secretary of State FAQ: https://sos.nh.gov/corporation-ucc-securities/corporation/faqs/
• New Hampshire current entity database: https://sos.nh.gov/corporation-ucc-securities/corporation/business-name-lookup/?id=8589984419
• New Hampshire Nonprofit Corporation FAQ: https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/domestic-and-foreign-nonprofit-corporation/
• New Hampshire Domestic Nonprofit Forms and Fees FAQ: https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/domestic-and-foreign-nonprofit-corporation/domestic-forms/
• New Hampshire Foreign Nonprofit Forms and Fees FAQ: https://sos.nh.gov/corporation-ucc-securities/corporation/forms-and-fees/domestic-and-foreign-nonprofit-corporation/foreign-forms/

If you have suggestions for topics you would like us to discuss, please email us at [email protected]. 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.

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 [email protected].

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.

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 [email protected]. 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.