Shows
EO Radio ShowREFRESH Document Retention Policies and Subpoenas: A Conversation on Why Good Policies MatterWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 127 of EO Radio Show. Episode 127 is a "refresh" of our episode 13, first released on August 29th, 2022, which covered record retention policies, document destruction schedules, and why they matter. Many nonprofits today have heightened concerns about legal actions, investigations by the IRS or congressional committees, as well as lawsuits, and are proactively reviewing their document management systems and policies. Regardless of these current concerns, many nonprofit leaders are or should be aware that the IRS Form 990, which is the information return for non...2025-06-2326 min
EO Radio ShowInsights on Planned Giving from the BNY Annual Charitable Giving Report for 2024Welcome to EO Radio Show – Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland is joined by David Ogburn, a senior client strategist with BNY Wealth. David will talk about the recently released BNY Annual Charitable Gift Report covering 2024. He will present the highlights from the annual report and share insights, best practices, and actionable strategy recommendations for planned giving success. This episode will be of particular interest to the charity executive leadership and board leadership alike. Show Notes: Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel David Ogburn, Senior Client Strategist, BNY Wealth2025-06-1632 min
EO Radio ShowNonprofit Quick Tip: State Filings in Maryland and PennsylvaniaWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the 21st in a series of quick tip episodes, focusing on the details of state registration of non-profit corporations. With the help of Joe Hilliard today, we look at the basic state filing requirements for non-profit corporations in Maryland and Pennsylvania. In previous episodes, we discussed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection to California. Other episodes have focused on a long list of states. These include Nevada, Arizona, Wash...2025-06-0923 min
EO Radio ShowInvesting Charity and Foundation Assets in Turbulent Times With Jennifer NelsonWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 123 of EO Radio Show. In today's episode, I welcome back Jennifer Nelson, a Senior Wealth Manager with BNY Mellon. Jennifer and I recorded this episode on Friday, May 9, 2025, and this episode posts on Monday, May 19. The investment world looks quite a bit different today than it did in May of 2024 when Jennifer and I recorded a general investment policy planning episode—and it's even a bit different than just 10 days ago, with the public securities markets continuing to swing up and down, but not qu...2025-05-1925 min
EO Radio ShowInsider Transaction Traps for the UnwaryWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today I'm joined by David Sacarelos, a principal at Baker Tilly. We do a deep dive into the penalties under the Internal Revenue Code sections that apply to insider transactions involving private foundations. Using a recently issued IRS Chief Counsel memorandum, we look at the circumstances of loans by a private foundation that led to significant penalties for indirect self-dealing and jeopardizing investments. Show Notes: Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel David M. Sacarelos, CPA, CGMA, Principal, Ba...2025-05-0529 min
EO Radio ShowNonprofit Quick Tip: State Filings in Virginia and West VirginiaWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 120 is the 20th episode in a series of quick tips episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, we look at the basic state filing requirements for nonprofit corporations operating in Virginia and West Virginia. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection to California. Other episodes have focused on state filings in...2025-04-2820 min
EO Radio ShowCharitable Split-Interest Trust Planning with Dale Schroeder and Anneke Niemira, Part TwoWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and in today's episode, I welcome back Dale Schroeder and Anneke Niemira from NewEdge Wealth to talk about charitable remainder trusts. Last week, we discussed charitable lead trusts and split-interest trusts in general. In this episode, Dale, Anneke, and I take a deep dive into the world of charitable remainder trusts, focusing on their technical issues and traps for the unwary. Show Notes: Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel NewEdge Wealth Anneke Niemira, Managing Director, Senior Wealth Strat...2025-04-2129 min
EO Radio ShowCharitable Split-Interest Trust Planning With Dale Schroeder and Anneke Niemira - Part OneWelcome to EO Radio Show – Your Nonprofit Legal Resource. In today's episode, my guests are Dale Schroeder and Anneke Niemira with NewEdge Wealth, and our topic is charitable split-interest trusts. These come in four varieties: charitable lead annuity and unitrusts and charitable remainder annuity and unitrusts, known affectionately as CLATs and CLUTs, and CRATs and CRUTs, which are also further defined sometimes as NI-CRUTs, NIM-CRUTs, and Flip-CRUTs. That's a lot of acronyms. While the technical details are quite a lot to get one's head around, understanding the big idea for each and where each can fit into the investment pla...2025-04-1428 min
EO Radio ShowNonprofit Quick Tip: State Filings in South Dakota and North DakotaWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 115 is the 19th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, we will look at the basic state filing requirements for nonprofit corporations operating in South Dakota and North Dakota. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state...2025-03-1722 min
EO Radio ShowNonprofit Employer Return to Office Mandates: Best Practices and Litigation RisksWelcome to EO Radio Show - Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland talks with Farella employment lawyer Benjamin Buchwalter about a hot topic for nonprofits with employees: the surge in return to office mandates. Ben specializes in working with employers to manage and mitigate employment law risks to achieve their goals. He has deep experience defending companies in single plaintiff and class and representative action lawsuits related to discrimination, retaliation, harassment, leaves of absence, wage and hour compliance, and requests for accommodations. Through his experience defending companies of all types and sizes in litigation and as an...2025-03-0323 min
EO Radio ShowREFRESH Nonprofit Tenants and Lease Agreements Best Practices and Pitfalls to AvoidWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 112 of EO Radio Show is a "refresh" of episode 54, "Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid." In this episode, first published on September 18, 2023, I talked with Farella partner Quinn Arntsen about leasing issues. Last week, we dropped a "refresh" of part one of my conversation with Quinn, discussing term sheets. This episode takes a deeper dive into the lease agreement itself, covering the boilerplate provisions and why they matter to the nonprofit tenant. Show Notes: Fare...2025-02-2448 min
EO Radio ShowREFRESH Real Estate Leasing Tips for NonprofitsWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 111 of EO Radio Show is a "refresh" of our episode 53, "Real Estate Leasing Tips for Nonprofits," first dropped on September 11, 2023. In this episode, I talk with Farella partner Quinn Arntsen about leasing issues for nonprofit tenants. Leasing real property is a big commitment. And for nonprofit executives that haven't been through the process a few times, it can be daunting, especially for a long-term lease commitment. Quinn walked us through the basic issues and the components of a term sheet for the major items that n...2025-02-1038 min
EO Radio ShowNonprofit Quick Tip: State Filings in Wisconsin and MinnesotaWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 110 is the 18th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard today, we will look at basic state filing requirements for nonprofit corporations operating in Wisconsin and Minnesota. In our first state filings episode, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on t...2025-02-0317 min
EO Radio ShowNonprofit Quick Tip: State Filings in Illinois and IndianaWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is EO Radio Show episode 106. As we finish off 2025, we're presenting our 17th in the series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard today, we will look at basic state filing requirements for nonprofit corporations operating in Illinois and Indiana. In a previous episode, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Oth...2024-12-1618 min
EO Radio ShowREFRESH: What Nonprofit Leaders Need To Know About the Corporate Transparency ActWelcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 104 is a refresh of episode 57, released in October 2022, which addressed the implications of the Corporate Transparency Act for nonprofit organizations, especially those with complex corporate structures that involve business enterprises with outside for-profit investors. In 2021, Congress established a sweeping and perpetual dragnet to aid in the policing of domestic money laundering by passing the Corporate Transparency Act, which went into effect on January 1, 2024. The CTA directs the United States Treasury Department's Financial Crimes Enforcement Network (FinCEN) to establish and maintain a national registry of beneficial owners of ev...2024-12-0230 min
EO Radio ShowNonprofit Quick: Tip State Filings in Michigan and OhioWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is our 16th in the series of "Nonprofit Quick Tip" episodes, focusing on state registration of nonprofit corporations. With the help of Joe Hilliard, we will look at basic state filing requirements for nonprofit corporations operating in Michigan and Ohio. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada, Arizona, Washington State, Oregon, Al...2024-11-1819 min
EO Radio ShowNonprofit Basics: International Grantmaking Part 3 - Special Rules for Private FoundationsWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode is the third in a series of several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These three rules are anti-terrorism rules, income tax withholding rules, and some special rules for private foundations. All U.S. charitable organizations that make grants to organizations or individuals not resident in the United States need to be aware of a couple of general requirements, and private foundations have an extra set of concerns to ensure that the ex...2024-11-0422 min
EO Radio ShowNonprofit Basics: International Grantmaking Part 2 - Income Tax Withholding RulesWelcome to EO Radio Show - Your Nonprofit Legal Resource. Today's episode is the second in a three-part series addressing several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These are the anti-terrorism rules, the income tax withholding rules, and special rules for private foundations. In episode 99 of the show, I launched this series with an episode focused on introducing the Patriot Act rules that apply to all grants, international and domestic, but there are particular interests when we're talking about international grantmaking. In this episode, I'll provide a...2024-10-2815 min
EO Radio ShowA Q&A With Exempt Organization Lawyer and EO Radio Show Host Cynthia RowlandWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Dave Bruns, director of client services at Farella Braun + Martel, and this is the podcast's 100th episode. To mark this milestone, I'm taking over as today's host. My guest is Cynthia Rowland, Farella partner and the founder and host of EO Radio Show. Today, we'll shine a light on Cynthia and talk about her path to becoming a prominent lawyer in the nonprofit sector and the common legal challenges her clients face. Show Notes: Farella YouTube podcast channel Cynthia Rowland Bio ...2024-10-2122 min
EO Radio ShowNonprofit Basics: International Grantmaking Part 1 - Overview and Antiterrorism RulesWelcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode introduces several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These are the antiterrorism rules, income tax withholding rules, and special rules for private foundations. These "basics" episodes touch on the rules for U.S. charitable organizations that make grants to organizations or individuals not resident in the United States. Grantmakers need to be aware of a couple of general requirements, and private foundations also have an extra set of concerns to ensure that the exp...2024-10-1414 min
EO Radio Show098: Ask a Certified Fraud Examiner Q&AWelcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of episodes in which we discuss fraud at nonprofit organizations with the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner. In episode 94, we started with case studies of fraud at nonprofit organizations. Then, in episode 95, we discussed three immediate steps an organization can take to mitigate fraud risks. In episode 96, Sly walked us through several big-picture fraud prevention techniques for exempt organizations. Today, we wrap up the...2024-10-0720 min
EO Radio ShowNonprofit Quick Tip: Corporate Filings in Washington, D.C.Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 97 is the 15th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we look at the basic filing requirements for nonprofit corporations operating in Washington, D.C., which is not a state but does have incorporation and foreign registration rules for businesses operating there. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom...2024-09-3017 min
EO Radio ShowNonprofit Basics: Procedures for Changing Public Charity StatusWelcome to EO Radio Show - Your Nonprofit Legal Resource. This technical episode addresses the procedures for changing the classification of an organization described in Internal Revenue Code Section 501(c)(3) as a private foundation or one of the many different types of public charities. From time to time, charitable organizations described in Section 501(c)(3) need or want to change their classification, either because they have attained sufficient support to be classified as publicly supported so they don’t want to be classified as private foundations, they aren’t able to generate sufficient public support to meet the requirements for publi...2024-08-2620 min
EO Radio ShowNonprofit Quick Tip: State Filings in Colorado and WyomingWelcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland and this is the 14th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier episode, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filing requirements in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and N...2024-08-1920 min
EO Radio ShowREFRESH Nonprofit Basics: Navigating the Complex Rules That Describe a Public CharityWelcome 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 o...2024-08-1218 min
EO Radio ShowREFRESH Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit CorporationWelcome 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...2024-08-0514 min
EO Radio ShowREFRESH Nonprofit Basics: Designators, Members, Directors, Officers - The Who's Who of Nonprofit GovernanceWelcome 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 ci...2024-07-2911 min
EO Radio ShowREFRESH Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association, and Fiscal SponsorshipWelcome 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, reg...2024-07-2211 min
EO Radio ShowExpedited Review of IRS Applications for Recognition of Exempt StatusWelcome 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 abi...2024-07-1514 min
EO Radio ShowNonprofit Quick Tip: State Filings in New Mexico and UtahWelcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 13th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier episode, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filing requirements in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisia...2024-07-0825 min
EO Radio ShowBack to Compliance: Reinstating Tax-Exempt Status for a CharityWelcome 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 re...2024-06-2416 min
EO Radio ShowNonprofit Quick Tip: State Filings in Oklahoma and TexasWelcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 12th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South C...2024-06-1023 min
EO Radio ShowREFRESH: Loot and Private Foundation Rules - Part 2Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I refresh EO Radio Show episode 22, the second of our two episodes exploring private foundation rules using commentary on the comic Apple TV+ series Loot, starring Maya Rudolph. In the second of our two original episodes exploring season one of Loot, my partner Hons Yung and I, with our unique legal lens, examine the legal aspects of the series. But a word of caution: We do reveal some, but not all, of the exciting plot lines. Before joining us, we recommend binge-watching season one first...2024-05-2025 min
EO Radio ShowREFRESH: Loot and Private Foundation Rules - Part 1Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I'm happy to refresh EO Radio Show episode 21, the first of our two episodes exploring private foundation rules using the Apple TV+ series Loot, starring Maya Rudolph. Season two of Loot was released early in April 2024, and we plan to revisit the Wells Foundation and private foundation rules and the other legal issues in a new podcast episode later this spring. So, to bring all of our listeners up to speed, here's the first of our two original episodes, where my partner Hons Yung and I...2024-05-1125 min
EO Radio ShowNonprofit Quick Tip: State Filings in Kentucky and TennesseeWelcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 78 is the 11th in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With Joe Hilliard's help today, we examine the basic state filing requirements for nonprofit corporations operating in Kentucky and Tennessee. Previous episodes addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and...2024-04-2917 min
EO Radio ShowNonprofit Quick Tip: State Filings in North Carolina and South CarolinaWelcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we move south to look at the basic state filing requirements for nonprofit corporations operating in North Carolina and South Carolina. You can find all the prior episodes on our website or on the Farella YouTube channel, where there is a playlist just for state filing requirements. We’ll work our way through the rest of the states in future episodes. 2024-03-2517 min
EO Radio ShowEmployment Law Update for Nonprofits With Holly SuttonWelcome to EO Radio Show - Your Nonprofit Legal Resource. Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly Sutton, the chair of Farella’s employment law practice and first-rate resource for complicated employment issues for nonprofit and private clients. She will update us on what’s new in California and federal laws that employers need to think about. She also provides some tips on how to think about risk management and employment law compliance now that remote work is here to stay—and even sm...2024-03-1820 min
EO Radio ShowNonprofit Basics: Unpacking Prudent Investments, PRIs, and MRIsWelcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 73 discusses frequently used terms in the nonprofit world pertaining to investment activities. Public charity and private foundation directors and officers need to understand their obligations as fiduciaries when determining whether an investment opportunity meets the criteria for a prudent investment, a program-related investment, or a mission-related investment. This episode unpacks the rules around each term, covering a basic explanation of “prudent investment,” “PRI,” and “MRI.” The episode concludes with recommendations for ensuring that a private foundation’s investments qualify as PRIs and best practices for developing an investment policy statemen...2024-03-1123 min
EO Radio ShowNonprofit Quick Tip: State Filings in Florida and LouisianaWelcome to EO Radio Show - Your Nonprofit Legal Resource. This is the ninth in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients - most of whom have a connection with California. In other episodes, we focused on the state filings in Nevada, Arizona, Washington State, Oregon, Alaska, Hawaii, New York, New Jersey, Massachusetts, Connecticut, Maine, Vermont, Rhode Island, and New Hampshire. With the help of Joe Hilli...2024-03-0419 min
EO Radio ShowCharitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the UnwaryWelcome to EO Radio Show - Your Nonprofit Legal Resource. This week, I am delighted to have Stephanie Hood return as my guest. Stephanie is my colleague at Farella Braun + Martel, and a key member of our top-notch estate planning practice and private client industry group. Our clients often come to us with a request to help them think about funding charities during their lifetimes and through their estate plans. In addition to thinking about how to structure the gifts to ensure their charitable intent is carried out, many of these clients are also sensitive to the f...2024-02-2630 min
EO Radio ShowQuick Tip: State Filings in Rhode Island and New HampshireWelcome to EO Radio Show - Your Nonprofit Legal Resource. This is the eighth in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, Senior Paralegal at Farella Braun + Martel, today we look at the basic state filing requirements for nonprofit corporations operating in Rhode Island and New Hampshire, such as ease of formation, available standardized documents, filing fees, and similar matters. The laws of all the States prescribe certain formalities that organizers of business entities must go through so that the entity can be reg...2024-02-0519 min
EO Radio ShowREFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Legislative Lobbying and Advocacy Rules for Public CharitiesWelcome to EO Radio Show - Your Nonprofit Legal Resource. As most listeners are undoubtedly aware, 2024 is an election year, and that means that charities and private foundations need to refresh their understanding of election-year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3). This week’s episode is a refresh of EO Radio Show episode 7, first released on July 18, 2022. Today’s focus is on allowable educational and advocacy activities for public charities, including a discussion of the definition of “lobbying” and the two different rules that apply to public charity. The first is th...2024-01-2215 min
EO Radio ShowREFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Candidate Campaign InterventionWelcome to EO Radio Show - Your Nonprofit Legal Resource. I’m Cynthia Rowland, and this is episode 66 of EO Radio Show. Happy New Year to all of you! As most listeners are undoubtedly aware, 2024 is an election year, and that means that charities and private foundations need to refresh their understanding of election-year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3). This week’s episode is a refresh of episode 6 of EO Radio Show, first released on July 7, 2022. Episode 6 covered the limitations of 501(c)(3) relating to candidate campaign intervention. I’ll also...2024-01-0820 min
EO Radio ShowNonprofit Basics: What Nonprofits Need To Know About Expenditure Responsibility Grant RequirementsWelcome to EO Radio Show – Your Nonprofit Legal Resource. Today, I'm talking about the meaning of expenditure responsibility or ER grants made by private foundations. The term expenditure responsibility refers to the rules that a private grant-making foundation follows to avoid the onerous penalty tax on a grant or transaction that would otherwise be a taxable expenditure if made by the private foundation. Taxable expenditures include various types of grants and expenses paid by private foundations, which the Internal Revenue Code prohibits. These types of prohibited payments include lobbying, politicking, and candidate campaign expenses; grants to individuals for...2023-10-2318 min
EO Radio ShowWhat Nonprofit Leaders Need To Know About the Corporate Transparency ActWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today on EO Radio Show, we are discussing a new law that will have implications for many nonprofit organizations, especially those with complex corporate structures involving business enterprises with outside for-profit investors. In order to establish a sweeping and perpetual dragnet to aid in the policing of domestic money laundering, the U.S. Congress passed the Corporate Transparency Act, which directs the United States Treasury Department's Financial Crimes Enforcement Network, known as FinCEN, to establish and maintain a national registry of beneficial owners of eve...2023-10-1629 min
EO Radio ShowWhat Nonprofit Board Leadership Needs To Know About Internal InvestigationsWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today we'll cover an important governance topic for all nonprofit organizations. That is, what leadership needs to know about internal investigations. I'm delighted to have Farella partner Aviva Gilbert with me today to answer a few frequently asked questions about internal investigations in the context of nonprofit organizations. Resources: Aviva J. Gilbert, Partner, Farella Braun + Martel EO Radio Show EP #4: Internal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come Calling EO Radio Show...2023-10-0221 min
EO Radio ShowNonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to AvoidWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are again lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. In the previous episode, we discussed the major components of a term sheet. Today, we'll dive deeper into the lease agreement, including those boilerplate provisions and why they matter to the nonprofit tenant. Resources: Quinn Arntsen bio EO Radio Show EP #53: Real Estate Leasing Tips for Nonprofits EO Radio Show EP #32: Nonprofit Basics: Ins...2023-09-1848 min
EO Radio ShowReal Estate Leasing Tips for NonprofitsWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today, we are lucky to have Farella partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. Leasing real property is a big commitment. And it can be daunting for nonprofit executives who haven't been through the process a few times, especially for a long-term lease commitment. Quinn will walk us through the basic issues and the major components of a term sheet that need to be considered by the nonprofit tenant. Resources: Quinn Arntsen bio Nonprofit Edu...2023-09-1138 min
EO Radio ShowImpact of California Supreme Court Case on Director Enforcement ActionsWelcome to EO Radio Show – Your Nonprofit Legal Resource.I'm Cynthia Rowland, and today I'm going to discuss some breaking news in the California nonprofit legal environment, the California Supreme Court case, Turner vs Victoria. The decision was issued on August 3, 2023, and is an important California case on the rights of a nonprofit public benefit corporation director to bring a lawsuit against fellow directors for breaches of several California Corporations Code sections. Those include 5142, 5233, and 5223 of the California Corporations Code, which cover actions to remedy breach of charitable trust, recover damages for self-dealing transactions, or remove from office any othe...2023-08-1418 min
EO Radio ShowNonprofit Basics: Winding up a California CharityWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 49 of EO Radio Show summarizes the steps to wind up a charity that is a nonprofit corporation registered and operating in California. There are federal and state income tax considerations to address and organizational formalities, which are slightly different depending on whether the charity is organized as a nonprofit, public benefit corporation, or charitable trust. Our focus today is on the California nonprofit public benefit corporation that is registered with the California Attorney General's Registry of Charitable Trusts. We're going to talk about the path it n...2023-08-0715 min
EO Radio ShowNonprofit Data and Artificial IntelligenceWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and I'm happy to have my colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using or being used by AI tools. We seem to be in the midst of an explosion of conversation about AI: What it can do, who is using it, how it is being used, how beneficial it can be, and how harmful. We'll talk about these evolving legal issues with Nate. This area of the law is just beginning, and most of the...2023-07-3132 min
EO Radio ShowNonprofit Quick Tip: State Filings in Alaska and HawaiiWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. Today, with the help of Joe Hilliard, we will discuss the basic state filing requirements for nonprofit corporations operating in Alaska and Hawaii. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Episode 40 focused on the state filings in Nevada and Arizona, and in episode 43, we l...2023-07-2422 min
EO Radio ShowIndependent Audits of Nonprofit Organizations With Douglas CookWelcome to EO Radio Show – Your Nonprofit Legal Resource. Many nonprofit organizations are required to have their financial statements audited by an independent certified public accountant. For example, a nonprofit charity that is required to be registered with the California Registry of Charitable Trusts and which has gross revenues of $2 million or more in a fiscal year must obtain an independent audit. They also must certify to the California Attorney General each year the amount of revenue received and that they have obtained an independent audit. Many other states have similar requirements. Today I’m delighted to be jo...2023-07-1741 min
EO Radio ShowUnderstanding the Form 990-PF With Guest Tracy HomWelcome to EO Radio Show – Your Nonprofit Legal Resource. The IRS Form 990-PF is a complicated federal information return that the Internal Revenue Code requires every private foundation to file each year. For this episode, I'm delighted to have as my guest Tracy Hom, a certified public accountant with the firm Realize CPA. Tracy will address some frequently asked questions from private foundation directors and officers when they review their foundation's first Form 990-PF. We'll provide a brief orientation to the form, and we'll cover some of these questions. Resources: Tracy Hom, Managing Pa...2023-07-1028 min
EO Radio ShowCharitable Bequests With Stephanie HoodWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm delighted to have as my guest Stephanie Hood, my colleague here at Farella Braun + Martel, and a member of our top-notch estate planning practice. Our charity clients often come to us with a request to help a major donor think about a special gift to the charity, and sometimes we also get pulled in to help the charity when there are glitches in the trust or will after the donor has passed. And, of course, many of our philanthropic clients ask for help describing their charitable intent in...2023-06-2622 min
EO Radio ShowNonprofit Quick Tip: State Filings in Washington and OregonWelcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the third in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. In episode 38, we talked about filing in California and Delaware, which are the most frequently used by our clients - most of whom have a connection with California. Episode 40 focused on the state filings in Arizona and Nevada. Today with the help of Joe Hilliard again, we will talk about the basic state filing requirements for nonprofit corporations operating in Washington and...2023-06-1220 min
EO Radio ShowNonprofit Basics: Meeting Minutes Best PracticesWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on documenting decisions made at meetings of a nonprofit organization's board of directors or trustees. While everyone who attends a board meeting should keep their own notes—and those notes can follow any style and can focus on the recording person's understanding of what transpired—it is the meeting minutes as ultimately approved by the board that serve as the legal record of the decisions of the governing body. Since the governing body members have fiduciary responsibility for the organization, the decisions described in the minutes...2023-05-2211 min
EO Radio ShowNonprofit Basics: Federal Tax Filing Deadlines and PenaltiesWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on the importance of meeting the federal tax filing deadlines that apply to charitable organizations. Most charitable organizations that are exempt from income tax are required to file a federal return on the 15th day of the fifth month after the close of their fiscal year. So for nonprofits that use the calendar year for accounting purposes, that is May 15. If you haven’t filed yet, don’t despair. Filing for an extension is fairly easy. I’ll also touch on what penalties can apply...2023-05-1710 min
EO Radio ShowNonprofit Quick Tip: Nevada and Arizona Nonprofit Corporation Registration and Annual FilingsWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the second in our series of quick tip episodes starting with the details of state registrations of nonprofit corporations. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients—most of whom have a connection with California. Many also carry out activities in Nevada and Arizona. With the help of Joe Hilliard today, we'll talk about the basic filing requirements for nonprofit corporations in Nevada and Arizona. We'll work our way through other states in future episo...2023-05-0822 min
EO Radio ShowHot Topic: Key Issues for Nonprofit Creditors Dealing With Distressed BusinessesWelcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, we cover important issues for nonprofits dealing with distressed businesses, such as their landlords or tenants, other kinds of contract counterparties, and, recently, banking institutions or financial institutions. We’ll talk a little about warning signs to watch for, some ideas for managing the situation when a party seems to be facing financial distress that affects their ability to perform, and when to call a lawyer for help. For this specialized area, EO Radio Show host Cynthia Rowland is joined by Farella partner Gary...2023-05-0226 min
EO Radio ShowNonprofit Quick Tips: Secretary of State Filings in California and DelawareWelcome to EO Radio Show – Your Nonprofit Legal Resource. This week, we launch a series of quick tip episodes, starting with the details of state registration of nonprofit corporations. With the help of our crackerjack paralegal, Joe Hilliard, we tackle the basic filing mechanics for nonprofit corporations starting with Delaware and California today. We will work our way through the other states in future episodes. Resources: For Delaware: Delaware Secretary of State website Delaware's current entity database Delaware corporate forms Delaware fees Delaware expedite services 2023-04-2430 min
EO Radio ShowAre You Ready? Steps for Launching a New Charitable CorporationWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on the key questions to ask when a founder has that fire in the belly and is ready to create a new charity as an independent charitable entity. I'll outline the key steps and the timeline for launching the charity as a nonprofit corporation. And I'll walk listeners through the initial decisions that should be made before setting the process in motion. Resources: EO Radio Show Episode 1: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association, and Fiscal Sponsorship ...2023-04-1717 min
EO Radio ShowHow Nonprofits Can Use New Markets Tax Credits To Achieve Financial GoalsWelcome to EO Radio Show – Your Nonprofit Legal Resource. This week, I am delighted to cover a niche topic and a special structure that allows certain nonprofits to have an outsize impact on improving their communities: New Markets Tax Credit deals. These deal structures take advantage of a special tax credit for US taxpayers that invest in the enterprise. Here to talk us through the why, when, and how of using these tax credits is Farella partner Julie Treppa. Julie is particularly experienced in developing strategies to help investors, developers, businesses, and nonprofit organizations use tax incentives and...2023-04-0323 min
EO Radio ShowHot Topic: UPMIFA in the Context of Financial System InstabilityWelcome to EO Radio Show – Your Nonprofit Legal Resource. A really hot topic this week is the duty of care for directors and trustees of charities in a time of volatility in the investment markets in general, and turmoil, or even fear of turmoil in their banking institutions. I’m not an investment advisor, and I can’t and don’t tell my clients where they should bank or what they should invest in. I can tell them the standard of care that they are held to in their roles as directors or trustees of a charity. In this e...2023-03-2710 min
EO Radio ShowNonprofit Basics: Best Practices for Approving Insider Compensation DecisionsWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, we'll look closely at best practices for approving insider compensation decisions made by public charities and private foundations. In episode 32, I gave a general overview of the federal laws regulating the transaction of business between a tax-exempt organization and its insiders. Insiders include directors, trustees, certain executives, substantial contributors, entities controlled by directors or substantial contributors, and their family members. In episode 33, we took a deeper dive into conflict of i...2023-03-2019 min
EO Radio ShowNonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider CompensationWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws regulating the transaction of business between a nonprofit and its insiders, which includes directors, trustees, certain executives, substantial contributors, and entities controlled by directors or substantial contributors and their family members. Today, I take a deeper dive into conflict of interest policies and considerations relevant to deciding which insiders need to respond to the organization's annual conflict of interest diligence procedures. In a later episode, we'll look...2023-03-1319 min
EO Radio ShowNonprofit Basics: Insider Transactions and Nonprofits - What's the Big Deal?Welcome to EO Radio Show – Your Nonprofit Legal Resource. This is the first in a series of episodes covering the federal and state laws that apply to business transactions between a nonprofit and its insiders such as directors, executives, substantial contributors, and entities controlled by them. In this episode, I provide a general overview of the federal laws. I talk about the rules that cover financial transactions that nonprofit directors, trustees, and executives should address carefully before they occur, and the penalties and other adverse consequences to an organization and its managers and insiders who violate these law...2023-03-0617 min
EO Radio ShowNonprofit Basics: Set-Asides As Qualifying DistributionsWelcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, I expand on an important concept that often comes up for private foundations when addressing the rules that require use of a minimum amount each year for charitable purposes. This is known in the industry as the minimum distribution requirement. In the last episode, I talked about the general rules for computing a foundation’s distributable amount for the year, which is equal to the foundation’s minimum investment return with a number of adjustments. Today, we take a closer look at how to satisfy the min...2023-02-2719 min
EO Radio ShowNonprofit Basics: Private Foundation Minimum Distribution RequirementsWelcome to EO Radio Show – Your Nonprofit Legal Resource. Private foundations are required to spend a minimum amount each year for charitable purposes, which is known in the industry as the minimum distribution requirement. Like all other private foundation rules, there are a lot of exceptions and special rules. I’m not going to cover all the rules exhaustively in this episode, but listen in for an overview of the rules and resources for learning more about the topic. Resources: Compliance Guide for 501(c)(3) Private Foundations IRS website summary of minimum distribution rules 2023-02-1317 min
EO Radio ShowNonprofit Basics: What You Need To Know About Expenditure ResponsibilityWelcome to EO Radio Show – Your Nonprofit Legal Resource. Have you ever heard the phrase, “you’ll have to exercise expenditure responsibility as a condition for giving or receiving a grant,” and then decided to just go do something else? It’s too hard, too complicated, gets IRS scrutiny, just too scary. Expenditure responsibility, or “ER” as the foundation world refers to it, won’t send you to the ER but it can be bewildering and confusing until you’ve been on the giving or receiving end a few times. But it is really not that complicated. In this episode, I’ll expl...2023-02-0617 min
EO Radio ShowCalifornia's New Pay Transparency LawWelcome to EO Radio Show – Your Nonprofit Legal Resource. Every January brings a slew of new laws that take effect at the federal and state level, and it seems that there are always new laws that affect the employer-employee relationship. Our legal topic for today covers the new pay transparency law that applies to California employers. Even if you are not in California, these rules may be of interest since the Golden State often leads the nation on the legal front. Join me for a great conversation with Farella Braun + Martel employment law partner Chandra An...2023-01-3132 min
EO Radio ShowPrivacy Policy Best Practices for NonprofitsWelcome to EO Radio Show – Your Nonprofit Legal Resource. I’m happy to have my colleague Nate Garhart back for a discussion on privacy laws and how they affect website content development, as well as online activities by nonprofits. We’ll start our conversation with some basic background on when a nonprofit needs a privacy policy on its website and how to think about what should be posted on the website, and where. Resources and notes: Nate Garhart bio Farella Privacy Blog General Data Protection Regulation (GDPR) Califor...2023-01-2332 min
EO Radio ShowNonprofit Websites and Terms of Use - Best Practices and Common PitfallsWelcome to EO Radio Show – Your Nonprofit Legal Resource. Happy New Year, everyone! Today I talk with Farella’s Nate Garhart about websites and terms of use and the legal concepts relevant to nonprofits that have interactive websites. We’ll cover best practices as well as common pitfalls to avoid. Resources: EO Radio Show #20: Copyright Issues for Nonprofits US Copyright Office Nate Garhart bio Farella Privacy Blog If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additio...2023-01-0935 min
EO Radio ShowNonprofit Basics: Year-End Thoughts and New Year To-Do ListWelcome to EO Radio Show – Your Nonprofit Legal Resource. As the year comes to a close, I thought it would be a good time to take a few moments to chat about important annual responsibilities. And to check in on other housekeeping that busy nonprofits sometimes overlook and that could be a good start for nonprofit leaders to put on their list of things to do in 2023. Resources: IRS Links: About Form 990 FAQs re Forms W-2 and 1099 NEC California Forms and Links: Franchise Tax Board Form 199 A...2022-12-1208 min
EO Radio ShowNonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting OrganizationsWelcome to EO Radio Show – Your Nonprofit Legal Resource. Episode 24 is the second of two parts that discuss supporting organizations as a special type of public charity. All supporting organizations must pass an organizational test, an operational test, a control test, and a relationship test. Supporting organizations are further classified as Type I, Type II, or Type III supporting organizations based on how they satisfy the relationship test. In this episode, I'll recap the basic requirements that apply to all three types and then look more closely at the complex requirements for a Type III supporting organization. Res...2022-12-0516 min
EO Radio ShowNonprofit Basics: Supporting Organizations - Part 1Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the first of two parts that discuss the definition of supporting organizations as a special type of public charity. All supporting organizations must pass four tests: an organizational test, an operational test, a control test, and a relationship test. Supporting organizations are further classified as Type I, Type II, or Type III supporting organizations based on how they satisfy the relationship test. In this episode, I'll cover the basic requirements that apply to all three types and the additional rules for Type I an...2022-11-2817 min
EO Radio ShowLoot and Private Foundation Rules - Part 2Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, my law partner Hons Yung and I finish our conversation about the first season of the Apple TV+ series Loot starring Maya Rudolph. We look at some technical legal topics and then we have some fun imagining being the lawyer for Molly Wells. Resources: Note to listeners from Cynthia: I did the math after the episode—$87 million is one-tenth of one percent of $87 billion! Link to Loot on Apple TV + EO Radio Show Episode 6: Nonprofit Basics: Election Year Issues for Pr...2022-11-1324 min
EO Radio ShowLoot and Private Foundation Rules - Part 1Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, my law partner Hons Yung and I bring you what we hope to be the first in an occasional series of reviews of popular media, feature films, episodic series, and other videos that feature charitable foundations, public charities, or charitable giving in fictional storytelling. In this first installment, we look at the first season of the Apple TV+ series Loot starring Maya Rudolph. While we’ll still cover some technical tax topics, this time we do it in the context of a comedy, and we hope...2022-11-0825 min
EO Radio ShowCopyright Issues for NonprofitsWelcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their rights? Does the owner even want to? When can you use someone else's work? My guest today is my colleague and friend Nate Garhart, an expert in intellectual property law at Farella Braun + Martel. Listen in! Resources: U.S. Copyright Office: https://copyright.gov/ Nate Garhart, special counsel, Farella Braun + Martel: https://www.fbm.com...2022-10-3130 min
EO Radio ShowFive Tax Traps for Business Lawyers Advising Nonprofit OrganizationsWelcome to EO Radio Show – Your Nonprofit Legal Resource. Many business lawyers are called on to advise public charities such as their kids' schools and sports leagues, soup kitchens, and homeless shelters, museums and cultural institutions, community foundations, and the occasional private foundation set up by a good client. While much of the legal work for established nonprofits is the same as for any other business client, the tax-exempt status of these entities brings with it a host of income property and sales tax rules that are not necessarily obvious. This episode highlights the most li...2022-10-2421 min
EO Radio ShowNonprofit Basics: Operating Foundation RulesWelcome to EO Radio Show – Your Nonprofit Legal Resource. In this Nonprofit Basics episode, Cynthia Rowland explains the meaning of operating foundation status for a private foundation under the federal tax rules. She also covers the test for obtaining and retaining that classification. Resources: IRS materials on operating foundation status IRS form 4720 (Return of Certain Excise Taxes) Instructions IRS form 990PF (Annual Return of Private Foundation) Instructions IRS form 8940, (Request for Miscellaneous Determination) If you have suggestions for topics you would like us to discuss, please email us...2022-10-1726 min
EO Radio ShowCharitable Contribution Substantiation Requirements and a Conversation About Art Appraisals With Sarah Vandeweerdt From Christie’sWelcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode of EO Radio Show, I will cover some federal Internal Revenue Code rules that charitable organizations and their donors need to know in order to make sure that the donors benefit from the charitable contribution deduction for their contributions. After a brief overview of the landscape of contribution deduction rules, my guest Sarah Vandeweerdt, the co-head of the Trust, Estates, and Appraisals group at Christie's, will talk to us about appraisals of art and collectibles and is joining me from Rockefeller Center in New York Ci...2022-10-0327 min
EO Radio ShowBasics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics for ESG InvestorsWelcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, we address the fiduciary duty of a nonprofit board when setting its investment policies and how to think about impact investing in the context of a diversified investment portfolio. I'm delighted that we can take this opportunity to bring you a conversation with Craig Ayers, Senior Vice President and Senior Portfolio Manager at Whittier Trust Company and Gabe Rissman, President and Co-Founder of YourStake. Craig will tell us about the modern portfolio manager's approach to integrating impact investments in a prudent portfolio and Ga...2022-09-2634 min
EO Radio ShowA Deeper Dive Into Insurance Topics for Nonprofits Special Events Coverage and Considerations When Making ClaimsWelcome 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 po...2022-09-1919 min
EO Radio ShowNonprofit Basics: Insurance Coverage for the New NonprofitWelcome 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...2022-09-1728 min
EO Radio ShowNonprofit Basics: Document Retention Policies and Subpoenas and a Conversation With Aviva Gilbert on Why Good Policies MatterWelcome 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...2022-08-2926 min
EO Radio ShowHot Topics: Risk Management for CybersecurityWelcome 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 eoradioshow@fbm.com. Additional episodes can be found at...2022-08-2230 min
EO Radio ShowNonprofit Basics: Amending Nonprofit Corporation BylawsWelcome 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: ...2022-08-1515 min
EO Radio ShowNonprofit Basics: Setting up a New Charity for Disaster ReliefWelcome 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 Fo...2022-08-0816 min
EO Radio ShowNonprofit Basics: Charitable Support for Individuals Affected by a DisasterWelcome 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 f...2022-08-0112 min
EO Radio ShowNonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 3: Private Foundation Approaches to Policy Advocacy Allowed by the Internal Revenue CodeWelcome 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 sugg...2022-07-2519 min
EO Radio ShowNonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Part 2 Legislative Lobbying Activities by Public CharitiesWelcome 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 fo...2022-07-1814 min
EO Radio ShowNonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Part 1 Candidate Campaign InterventionWelcome 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...2022-07-1119 min
EO Radio ShowNonprofit Basics: Navigating the Complex Rules That Describe a Public CharityWelcome to EO Radio Show. This nonprofit basics episode is intended to help a founder of a new charity to navigate the complex rules that describe a public charity. Many people think that the designation 501c3 means an organization is a charity, but there is more to it than that. In this episode, we'll talk about the IRS classifications that distinguish between a public charity and a private foundation. We’ll talk about the four basic paths to public charity status and try to dispel some of the mysteries surrounding what it means to be recognized by th...2022-06-2718 min
EO Radio ShowInternal Investigations for Nonprofits: A Means of Identifying and Addressing Misconduct Before the Regulators Come CallingThe worst nightmare for most nonprofit board members is a complaint that sparks an investigation of misconduct at the organization. The ember may have been burning for some time before the board becomes aware of it or may be a sudden wind-driven catastrophe that started with one person’s bad or inept act. No matter the source, how can the board best surround the organization with a defensible space? And, once battling the heat of the disaster, what to do? In today's EO Radio Show we'll discuss best practices in board policies that help to id...2022-05-2718 min
EO Radio ShowNonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit CorporationUnder 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, and that's what we'll talk about in this episode of EO Radio Show. Resources: 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 Wha...2022-05-2613 min
EO Radio ShowNonprofit Basics: Designators, Members, Directors, Officers: The Who’s Who of Nonprofit GovernanceThis Nonprofit Basics episode covers some of the roles that people play in the governance of a nonprofit corporation. We are focused here mostly on nonprofit corporations, although nonprofits can be formed as charitable trusts. Let's go over the nonprofit corporation governance positions first, and then we'll circle back to how these concepts of governance apply in the trust structure. Resources: New York Attorney General Publication on Nonprofit Director Responsibilities Guidebook for Directors of Nonprofit Corporations, Third Edition National Association of State Charity Officials Resources page If yo...2022-05-2610 min
EO Radio ShowNonprofit Basics: Overview of Nonprofit Charitable Organization TypesThis Nonprofit Basics episode gives an overview of the choices of legal form for nonprofit organizations that are intended to be tax exempt under US 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. 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. Resources:2022-05-2511 min
EO Radio ShowWelcome to EO Radio ShowWelcome to EO Radio Show, Your Nonprofit Legal Resource, brought to you by the Exempt Organizations Group at Farella Braun + Martel. My name is Cynthia Rowland. I’m a business and tax partner at Farella with more than 30 years of experience advising clients on nonprofit and charity law. I help philanthropists, including private individuals as well as for-profit and nonprofit organizations, who wish to make the world a better place. Through this podcast, our lawyers and guests will discuss a range of legal and business issues impacting the nonprofit world because we understand you work ha...2022-05-2502 min
Real Perspectives PodcastJulie Treppa, Partner @ Farella Braun + MartelJulie Treppa is a partner in San Francisco-based Farella Braun + Martel. She is a versatile, highly experienced practitioner with expertise in a broad range of tax-related issues and controversies involving federal, state and other taxing authorities. Julie is particularly experienced in developing strategies to help investors, developers, businesses and non-profit organizations use tax incentives and tax credits to achieve their financial goals. Two areas in which she has special expertise are New Markets Tax Credits and Opportunity Zones, both of which are designed to induce investments in specified low-income communities.We sit down with...2020-09-1729 min