Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth "refresh" of several original episodes published in the summer of 2022. As we near the end of summer, it's a good time to wrap up our revisit of some of our "nonprofit basics" episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand.

This refresh of episode #5 is intended to help the founder of a new charity navigate the complex rules that describe a publicly supported charity. Many people think that the designation 501(c)(3) means an organization is a charity, but there is more to it than that. In this episode, I talk about the IRS classifications that distinguish between a public charity and a private foundation. Both of these types of organizations are described in 501(c)(3), but they are subject to very different rules. So, this episode covers the four basic paths to public charity status. Then, we’ll close out with some tips for a new organization that intends to qualify for public support based on fundraising from the public or, alternatively, primarily from generating income from their exempt function.

Since this episode was first published in 2022, we've added our show to the Farella Braun + Martel YouTube channel. 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 many states. Take a look at the show notes for updated links.

Show Notes:

Exempt Organization Types: https://www.irs.gov/charities-non-profits/exempt-organization-types

Schedule A, Public Charity Tests: https://www.irs.gov/pub/irs-pdf/f990sa.pdf

Instructions to Schedule A: https://www.irs.gov/pub/irs-pdf/i990sa.pdf

The Wonderful World of Foundation Classification:
https://www.stayexempt.irs.gov/home/depth-topics/wonderful-world-foundation-classification and

https://www.stayexempt.irs.gov/se/files/downloads/FoundationClassification_Print.pdf

Internal Revenue Code Sections:
https://www.law.cornell.edu/uscode/text/26/509

https://www.law.cornell.edu/uscode/text/26/170

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.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 90 is a refresh of the third of the original episodes published in the summer of 2022. During these dog days of summer, it's a good time to bring back some of our earliest episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this refresh of episode three, I cover the general principles of state law rules that address corporate governance. Under state law, the business and affairs of a nonprofit corporation must be managed and all corporate powers are to be exercised by and under the direction of the board of directors. Each director has personal duties to the corporation. Principally, these duties are the duty of care and the duty of loyalty. This nonprofit basics episode addresses director duties and best practices for the typical nonprofit public benefit corporation. In the first section, I summarize the duty of care, including a discussion of the manner in which a careful director meets this standard. The second section discusses the duty of loyalty with a particular emphasis on dealing with actual and potential conflicts of interest.

Since this episode was first published, 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, so far. Take a look at the show notes for updated links.

Show Notes:

Attorney General’s Guide for Charities; Best Practices for nonprofits that operate or fundraise in California; see Chapter 7, Directors & Officers of Public Benefit Corporations

What Every Prospective Nonprofit Board Member Needs to Know by Lauren A. Galbraith, family wealth partner, Farella Braun + Martel

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.

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.

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.

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
P.O. Box 2508
Room 6403
Cincinnati, OH 45201

Express mail or a delivery service written request for expedited processing must be sent to the following address:

Internal Revenue Service
550 Main Street
Room 6403
Cincinnati, OH 45202

You may fax your request to 855-204-6184.

Instructions for Form 1023 EZ

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.

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

IRS website on Reinstatement

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

• Annual Reporting and Filing
• Online course - Applying for Section 501(c)(3) Status - An Overview (37 minutes)
• Revoked? Reinstated? Learn more

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.

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:

• Nonprofit Governance
• Nonprofit Hot Topics
• Nonprofit Basics

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.