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Taxes, Finances, and Fundraising

Legal Issues for Nonprofits

20 Questions to Ask Before You Hire an Attorney (NP9203-2)

Whether your legal needs are great or small, hiring an attorney can help set things right, or it can be the wrong move at the worst possible time. These 20 questions help put things in focus. (6 pages)

ADR: Arbitrate, Don’t Litigate! (NP9510-1)

By settling differences through ADR, parties in a dispute are often able to achieve a mutually satisfactory agreement that is less costly and time-consuming than litigating. This memo presents a comprehensive overview of the process. (8 pages)

Charitable Solicitation Laws: A Multistate Summary (NP9103-4)

The vast majority of states currently has some form of charitable solicitation registration. Some are more complex than others, but a nonprofit should understand all state requirements before conducting fundraising or solicitations of any sort. (12 pages)

Child Abuse: A Legal Overview (NP9611-2)

Summarizes state law requirements for reporting potential cases of child abuse. A must-read for any nonprofit that serves children. (10 pages) Coordinates with Summary of [state] Child Abuse Laws’, NP9711-1 thru NP9711-50, listed below.

Child Abuse: Early Warning Response (NP9611-3)

Child abuse isn’t always obvious. This memo explains many of the primary signs and discusses proper responses for nonprofits to make in such situations. (12 pages) Coordinates with ‘Preventing the Risk of Child Abuse’, NP9611-1, ‘Overview of State Child Abuse Reporting Laws’, NP9611-2, and ‘Screening Nonprofit Workers for Child Abuse’, NP9611-4.

Child Abuse: Preventing the Risk (NP9611-1)

Child abuse is one of the greatest tragedies affecting children and care givers in this country. This memo addresses three protective measures that nonprofits should pursue to help prevent the tragedy. (10 pages) Coordinates with ‘State Child Abuse Reporting Laws’, NP9611-2; ‘Responding to Indications of Child Abuse’, NP9611-3; and ‘Screening Nonprofit Workers for Child Abuse’, NP9611-4.

Child Abuse: Screening Nonprofit Workers (NP9611-4)

One of the best defenses against child abuse in a nonprofit work environment is to exercise reasonable care in hiring and supervising all child care workers. Here are guidelines to help nonprofits know what to look for. (17 pages) Coordinates with ‘Preventing the Risk of Child Abuse’, NP9611-1; ‘State Child Abuse Reporting Laws’, NP9611-2; and ‘Responding to Indications of Child Abuse’, NP9611-3, all listed in this category.

Defamation Policy for Nonprofits (NP9206-1)

Damage awards for libel and related claims have increased more than six times over the last decade, but nonprofits can take preventive steps to limit their exposure. This memo shows you how. (6 pages)

IRS Nonprofit Disclosure Rules for Nonprofits (NP9904-1)

The IRS has always served as the chief watchdog of nonprofit organizations, but thanks to new disclosure rules effective in 1999, the public now has much greater access to information. Nonprofits must comply with requests for information in ways never before required. This memo details the new laws and the issues nonprofits should consider when making internal information widely available. (11 pages) Coordinates with ‘Avoiding the Snares of Intermediate Sanctions’, NP9608-1.

Nonprofit Lobbying and Political Activity — Know Your Limits (NP9101-3)

501(c)(3) organizations may not participate or intervene in any political campaign on behalf of any candidate for public office. The penalty for violating this prohibition is loss of exempt status. Don’t take this risk; know the limits. (9 pages)

Records Retention Requirements (NP9104-1)

Every nonprofit, like every business, should have a records retention plan that combines government record-keeping requirements with the nonprofit’s own operations. This memo covers federal and state record-keeping requirements and offers a standard retention program adaptable to any nonprofit. (14 pages)

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