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I recommend you follow Robert's Rules, using the latest version: Robert's Rules of Order Newly Revised, 11th Edition. But I also recommend you get the current version of Robert's Rules of Order Newly Revised in Brief, which is in its second edition. Click on the links for my Amazon affiliate links.
Subscribe to the Law Meets Gospel PodcastThe U.S. Court of Appeals recently interpreted Indiana's Nonprofit Corporation Act to decide whether the term of a director for a family foundation had ended. If it had, her reelection and a gift from the foundation would be void.
But the statute, the foundation's bylaws, and the electing resolution all provided that directors would serve until the later of their term's end or their replacement taking office. The case emphasizes that organizations should understand their state's statutes and carefully draft language relating to office terms. It also teaches that Indiana doesn't permit nonprofit directors to bring derivative actions on behalf of the corporation. You can read the opinion here: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D02-01/C:15-3734:J:Hamilton:aut:T:fnOp:N:1905535:S:0 You can listen to the oral argument here: http://media.ca7.uscourts.gov/sound/2016/lj.15-3734.15-3734_12_09_2016.mp3
Subscribe to the Law Meets Gospel PodcastIt's important to understand your state's statute governing how not-for-profit organizations do business. Statutes have mandatory rules, default rules, and minimum standards. Not understanding these provisions can cause problems.
Find the text of the American Bar Association's 2008 Model Nonprofit Corporation Act, Third Edition here: http://www.americanbar.org/content/dam/aba/events/real_property_trust_estate/joint_fall/2008/black_letter.authcheckdam.pdf The complete history and comments of the 2008 model act can be purchased from the American Bar Association here: http://shop.americanbar.org/ebus/store/productdetails.aspx?productid=213949 Indiana's Nonprofit Corporation Act is Ind. Code §§ 23-17-1-0.2 to -31-6 The 2016 version of the Act can be found here: https://iga.in.gov/documents/20c9cdb5 A notable difference between the Indiana act and the 2008 version of the model act is that the 2008 model act allows directors to bring a derivative action. See §§ 3.04, 13.01–13.09
Subscribe to the Law Meets Gospel PodcastFollow your bylaws! They are a contract among members, set out the community's identity, and are the ultimate authority if a dispute arises.
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What are the consequences of repealing the Johnson Amendment?
Subscribe to the Law Meets Gospel PodcastDoes the prohibition against 501(c)(3)s, including churches, supporting or opposing political candidates pass constitutional muster? What are the main arguments for repealing the prohibition?
These are the opinions from one of the cases discussed:
President Trump promises to "totally destroy" the Johnson Amendment. What's the Johnson Amendment? This episode answers that question: what it is, why it's the law, what political activity it prohibits, and what political activity it doesn't.
Subscribe to the Law Meets Gospel PodcastJosh talks with Shelley Jackson and Pastor John Hickey about what religious organizations and nonprofits should do when they find themselves out of compliance with Fair Labor Standards Act (FLSA) rules to wrap up their conversation about overtime and minimum-wage statutes, regulations, and practices.
Subscribe to the Law Meets Gospel PodcastJosh talks with Shelley Jackson and Pastor John Hickey about the Obama administration's proposed changes to the Fair Labor Standards Act (FLSA) regulations, the court stay, and strategies for employers to consider while the final rule is uncertain.
Subscribe to the Law Meets Gospel PodcastJosh talks with Shelley Jackson and Pastor John Hickey about characteristics that might cause the Fair Labor Standards Act (FLSA) to apply to a church and to categories of employees, especially clergy.
Subscribe to the Law Meets Gospel PodcastFrom the publisher's feed