Fiduciary Duties – Duty of Obedience vs. Duty of Good Faith
CharityLawyer Blog
by Ellis Carter
1w ago
Nonprofit organizations operate under a unique set of legal and ethical expectations. At the core of these expectations are the fiduciary duties that nonprofit directors must uphold. All states require directors of nonprofit corporations to exercise the duty of care and the duty of loyalty. However, depending on the state, some directors may be subject ..read more
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How to Draft Inclusive Legal Documents
CharityLawyer Blog
by Ellis Carter
1w ago
Legal documents are the foundation of many important relationships, whether between individuals, organizations, or communities. Traditionally, legal writing has been formal, often rigid, and—at times—exclusive. However, the legal profession is evolving, recognizing the importance of inclusivity and equity in all forms of communication, including legal drafting. Inclusive legal documents not only reflect professionalism and respect ..read more
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Understanding Professional Fundraiser Registration Requirements
CharityLawyer Blog
by Ellis Carter
2w ago
If your nonprofit is planning to hire a professional fundraiser or fundraising consultant, it’s important to understand state professional fundraiser registration requirements. Many states regulate professional fundraisers to protect donors and ensure transparency in charitable giving. Who Needs to Register? A professional fundraiser is an individual or company hired by a nonprofit to solicit donations on its behalf. This includes ..read more
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Trump’s Pause on Federal Grants: What It Means for Nonprofits
CharityLawyer Blog
by Ellis Carter
2w ago
On the evening of January 27, reports surfaced that the Acting Director of the Office of Management and Budget issued a memorandum entitled “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs” (Memo M-25-13). The memo orders every federal agency to pause all federal grants and financial assistance, including funding for foreign aid ..read more
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Donor-Advised Funds: Pros and Cons
CharityLawyer Blog
by Ellis Carter
2w ago
What philanthropists need to know about DAFs, including potential legislative changes that could impact them ..read more
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Arizona Charter Schools Must Develop Emergency Operations Plans
CharityLawyer Blog
by Ellis Carter
3w ago
In its December 9, 2024 Special Audit Report—School Safety and Emergency Response Practices, the Arizona Auditor General has clarified that both school districts and charter schools in Arizona are required to comply with Arizona Revised Statute 15-341 (A)(31). This statute mandates the development and implementation of an Emergency Operations Plan (EOP) that adheres to the ..read more
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Understanding Disclaimers in a Trademark Application
CharityLawyer Blog
by Ellis Carter
1M ago
Trademarks serve as essential tools for nonprofits, safeguarding their brands, names, logos, and distinctive identifiers. The primary purpose is to prevent confusion while enabling nonprofits to establish and preserve their brand identity and reputation. Navigating the trademark application process can be difficult. For example, one term you might encounter in the trademark application process is ..read more
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Legal Checkups Strengthen Nonprofits
CharityLawyer Blog
by Ellis Carter
1M ago
As we enter a new year, it’s the perfect time for nonprofits to assess their legal and operational health by conducting a legal audit. A strong legal foundation is essential for your organization to thrive, maintain public trust, and achieve its mission.To ensure your nonprofit is on solid legal footing, consider conducting a comprehensive legal ..read more
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IRS Warns Taxpayers About Fraudulent Charitable LLC Schemes
CharityLawyer Blog
by Ellis Carter
1M ago
The IRS has issued a warning to taxpayers about a surge in fraudulent tax schemes involving donations of ownership in closely held businesses, often referred to as Charitable LLCs (IR 2024-304, 12/4/2024). We have seen this in our own practice, and it can be disastrous for charities that naïvely accept them. How Charitable LLC Schemes ..read more
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Understanding Charitable Sales Promotions: A Guide for Nonprofits and Businesses
CharityLawyer Blog
by Ellis Carter
1M ago
Charitable promotions, also known as cause-related marketing or commercial c0-ventures (CCVs), are a powerful tool for nonprofits and businesses. These arrangements allow businesses to advertise that a portion of proceeds from the sale of goods or services will benefit a charitable organization. For example, a promotion might say, “When you buy our new app, 50% of the purchase price will go to the Zoo ..read more
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