EO Radio Show

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, I'm delighted to bring you Part 2 of a conversation I had with Melissa Dalske, Chief Experience Officer at Nonprofits Insurance Alliance.

In Part 1, we talked about insurance basics and the insurance application process. Along with ideas about how to manage the insurance costs as an organization starts out. In Part 2, we take a deeper dive into special event coverage, best practices in managing claims, and the difference between insurance policies that are based on claims made in the coverage period as compared to an occurrence policy.

Resources:

EO Radio Show - Nonprofit Basics: Insurance Coverage for the New Nonprofit

Nonprofits Insurance Alliance Blog https://blog.insurancefornonprofits.org/blog

Learn more about Nonprofits Insurance Alliance: www.insurancefornonprofits.org

Follow Nonprofits Insurance Alliance on LinkedIn: https://www.linkedin.com/company/nonprofits-insurance-alliance/

Subscribe FREE to Nonprofits Insurance Alliance online magazine, designed to provide tools, tips and resources to nonprofit leaders: https://blueavocado.org/

Contact Melissa Dalske, Chief Experience Officer at NIA: [email protected]

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. Risk management for a nonprofit starts with good governance, effective management and appropriate policies for employment practices, conflicts of interest and financial management among others. In today's conversation, I'd like to focus on the backstop to good risk management, that is appropriate insurance coverage, because misnakes happen. Yeah, I said that right. Misnakes.

In this episode, I'm delighted to bring you part one of a conversation with Melissa Dalske, Chief Experience Officer at Nonprofits Insurance Alliance. The alliance is an organization relied on by more than 24,000 nonprofit organizations in 32 states and the District of Columbia for their liability and property insurance needs. These nonprofits include animal rescues, children's programs, group homes, senior organizations, art programs, food banks, community groups, foster family agencies, and many others. These organizations are essential to the health of the communities they serve. Resources:

Nonprofits Insurance Alliance Blog https://blog.insurancefornonprofits.org/blog

Learn more about Nonprofits Insurance Alliance: www.insurancefornonprofits.org

Follow Nonprofits Insurance Alliance on LinkedIn: https://www.linkedin.com/company/nonprofits-insurance-alliance/

Subscribe FREE to Nonprofits Insurance Alliance online magazine, designed to provide tools, tips and resources to nonprofit leaders: https://blueavocado.org/

Contact Melissa Dalske, Chief Experience Officer at NIA at: [email protected]

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 Nonprofit Basics episode covers record retention policies, document destruction schedules, and why they matter. You may have noticed that the IRS Form 990, that's the information return for nonprofit organizations, specifically asks the filing organization if it has a document retention policy. It is buried at line 14 of Section B to Part 6 of the current 990. While there is no penalty imposed by the Internal Revenue Code for not having a document retention policy, not only is it good form to be able to indicate "Yes" on Form 990, but also having a formal written retention policy is certainly a best practice.

Resources:

Farella Nonprofit Educations Series Webinar: Investigations, Audits, Subpoenas, Oh My!

IRS Form 990

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. For this episode, I'm delighted to bring you an interview with Tim Parisi, Incident Response Director at CrowdStrike. Tim and I discuss the significant cybersecurity threats to nonprofits large and small, and provide some tools and best practices so that these nightmare scenarios don't keep nonprofit leaders awake at night.

Resources:

CrowdStrike Blog: https://www.crowdstrike.com/blog/

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 episode covers legal aspects of amending the bylaws for a nonprofit corporation to change its governance, to update the bylaws for changes in the laws, or to conform the bylaw provisions to how the board is actually governing the organization.

I'll address the approvals that may be required to amend the governance provisions, how the amendments need to be reported to the IRS and state regulators, and some thoughts on recent developments for emergency governance provisions that nonprofit corporations may want to adopt.

Resources:

Addresses for submitting copies of amended bylaws:

• The current address for submitting copies of the documents to the IRS can be found at https://www.irs.gov/charities-non-profits/contact-irs-exempt-organizations.
• For entities tax exempt in California:
  • The current address for submitting copies to the FTB is: Exempt Organizations Unit, MS F120, Franchise Tax Board, P.O. Box 1286, Rancho Cordova, CA 95741, and can also be found on the FTB website at https://www.ftb.ca.gov/file/business/types/charities-nonprofits/help-with-charities-nonprofits.html.
  • The current address for submitting to the California Registry of Charitable Trusts is: Registry of Charitable Trusts, P.O. Box 903447, Sacramento, CA, 94203–4470. Alternative addresses are available on the Registry website at https://oag.ca.gov/charities/contacts.

Use IRS Form 8940 (Request for Miscellaneous Determination) to request determinations (other than initial exemption applications) about its tax-exempt status that may be affected by bylaw amendments. The one-page form is accompanied by instructions that specify what information needs to be submitted to support each of the nine types of requests that may be submitted.

Delaware Corporations Code Emergency Bylaws and Powers

California Corporations Code Emergency Bylaws and Powers

Public Benefit Corporations

Mutual Benefit Corporations

Religious Corporations

EO Radio Show Episode 1: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship

EO Radio Show Episode 3: Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation

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 episode provides a checklist of considerations when organizing a new charity to provide relief in the aftermath of a disaster, such as an earthquake, hurricane, wildfire, pandemic, terrorist attack, or war.

Many disasters require long-term recovery efforts, long-term fundraising, and a long-term commitment to the victims. This episode focuses on the many steps the new organization needs to tackle on its way to providing effective disaster relief.

Resources:

Episode 5: Nonprofit Basics: Navigating the Complex Rules That Describe A Public Charity

IRS Form 3833: Disaster Relief, Providing Assistance Through Charitable Organizations.

IRS Form 1023

IRS Publication 1771: Charitable Contributions and Substantiation Requirements

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 Nonprofit Basics episode addresses some common charitable questions that come up in the immediate aftermath of disasters: earthquakes, hurricanes, wildfires, pandemics, terrorist attacks, and wars.

Generous Americans look for immediate ways to create new organizations or charitable programs to support those affected by fundraising, direct service, or financial or material support. This episode focuses on distinguishing between charitable disaster relief for a charitable class, as compared to private gifts to a specific individual. A relief effort for a charitable class can be funded from a charity or a foundation.

Resources:

Disaster Relief, Providing Assistance Through Charitable Organizations: https://www.irs.gov/pub/irs-pdf/p3833.pdf

Disaster Relief: Meaning of "Charitable Class": https://www.irs.gov/charities-non-profits/charitable-organizations/disaster-relief-meaning-of-charitable-class

NGOsource: What Does It Mean to Be Charitable: https://www.ngosource.org/blog/what-does-it-mean-to-be-charitable

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 Nonprofit Basics episode is the third of a three-part series on election year activities for public charities and private foundations. Part 3 addresses private foundation approaches to policy advocacy that are allowed by the Internal Revenue Code.

Part 1 addressed the prohibition on intervention in candidate campaigns for elected office and Part 2 focused on legislative lobbying activities for public charities.

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 [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 Nonprofit Basics episode is the second of a three-part series on election year activities for public charities and private foundations.

Part 1 addressed the prohibition on intervention in candidate campaigns for elected office. Part 2 focuses on legislative lobbying activities by public charities.

This discussion addresses permitted educational and advocacy activities, the definition of lobbying, and the two different rules that apply to public charity legislative lobbying under the subjective test of Section 501(c)(3) or the elective test for charities that make the 501(h) election, which allows for an objective limitation on lobbying expenditures.

Part 3 will address allowed private foundation approaches to advocacy.

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 501h 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

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 Nonprofit Basics episode is the first of a three-part series on election year activities of public charities and private foundations. In this part 1, I address the prohibition on intervention in candidate campaigns for elected office.

Part 2 will focus on legislative lobbying activities for public charities. That discussion will address permitted educational and advocacy activities, certain definitions, and other rules that apply to public charity legislative lobbying under either the subjective test of section 501(c)(3) or the elective test under Section 50(h).

In the final part of this series, I'll address the allowable private foundation approaches to advocacy.

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

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.