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| | Business Ventures for Nonprofit Organizations | | Not Currently Scheduled | |  | | Increasingly, nonprofit organizations are involved in implementing business ventures in order to promote job development, encourage neighborhood revitalization, and create new revenue stream to support their work. This introductory workshop explores (1) the different legal structures through which nonprofit organizations can participate in business ventures and commercial activity, with a particular focus on limited liability companies, for-profit subsidiaries, partnerships, and contractual joint ventures; (2) the benefits and disadvantages of these legal structures, with emphasis on the goals of protecting the nonprofit organization from potential liability, protecting the nonprofit organization's tax-exempt status, and raising outside capital for the business venture; and (3) sample operating agreements for a limited liability companies and other legal structures for operating business ventures. For nonprofit managers from organizations that are considering – but have not yet launched – a business venture. | | | | | | | Employment Law and Personnel Management | | Not Currently Scheduled | | | | The most important resource that any nonprofit possesses is the “human capital” of its staff, and managing employees with legal compliance and sensitivity is a cornerstone of success. This workshop covers the employment and labor law issues commonly confronted by managers of nonprofit organizations, at the federal, state and local levels. Topics covered include the difference between independent contractors and employees; “exempt” and “nonexempt” employees under the wage and hour laws; developing and updating personnel policies and manuals; avoiding discrimination claims when hiring and firing; and the importance of personnel record-keeping. For board members, executive directors. | | | | | | | Fundraising Law and Regulation | | Not Currently Scheduled | | | | Community-based nonprofits seek contributions from an increasingly diverse array of sources – government, private foundations, corporations, individuals, special event donors – and new ways of fundraising, especially on the internet, have opened up new opportunities to support their work. This workshop will present the basic federal and state law controlling fundraising by nonprofits in New York, including state registration and reporting requirements, the documentation and disclosure rules imposed by the Internal Revenue Code, and legal issues relating to particular types of fundraising such as auctions, solicitation on the internet and corporate sponsorship. For nonprofit managers, development professionals and others involved in nonprofit fundraising. | | | | | | | Incorporation, Tax Exemption, and Fiscal Sponsorship | | Not Currently Scheduled | | | | Forming a nonprofit organization is among the most satisfying and rewarding challenges that one can undertake – and getting off to the right start can mean the difference between success and failure. This workshop reviews the basic questions regarding the benefits and obligations of incorporation and tax-exempt status, and explains the requirements for qualification as a New York State not-for-profit corporation; the advantages and disadvantages of and procedures for incorporating; the importance of by-laws for any new organization. The workshop also explores the benefits of federal tax-exemption and the process for seeking that recognition, including the requirements of charitable purpose and a charitable class, the need to project specific revenues and expenses, the limitations on lobbying and political activities, and all aspects of the application process. The workshop also reviews alternatives such as fiscal sponsorship arrangements, and outlines registration and reporting requirements of not-for-profit corporations. For those who are interested in forming a nonprofit organization in New York. | | | | | | | Legal Issues for Nonprofits Working with Volunteers and Interns | | Not Currently Scheduled | | | | Nonprofits with missions as diverse as educating young people and assisting the elderly to live with dignity rely on volunteers to staff their programs and deliver services within their limited budgets. This workshop explores the legal issues affecting the use of volunteers, with particular attention to liability issues faced by nonprofits that use volunteers with elderly and young clients. Other topics covered are the use of background checks, use of volunteer agreements and codes of conduct, insurance issues, the distinction between a volunteer and an employee, the payment of stipends to volunteers, and the application of state and federal employment laws to volunteers. For managers, human resources professionals, and volunteer coordinators of nonprofit organizations that use volunteers in any aspect of their work. | | | | | | | Role of the Board in Corporate Governance | | Not Currently Scheduled | | | | The public expectations of accountability of nonprofit organizations are greater than it has ever been, and nonprofit organizations must pay attention to their corporate governance procedures and structure to be effective. This workshop addresses the role of the Board of Directors in ensuring that a not-for-profit corporation's corporate governance is not only legally adequate, but also consistent with best practices. Specific topics will include fiduciary duties and obligations of directors under federal and state laws, measures that executive managers of nonprofits and their Boards can implement to ensure adequate corporate accountability, including compliance with the Better Business Bureau standards for charitable accountability, procedural aspects of running a Board of Directors and the penalties that can be imposed by the IRS on nonprofit organizations and their managers for engaging in "excess benefit transactions." For nonprofit board members and executive directors. | | | | |
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