Enhancing Nonprofit Sustainability Through Fiscal, Financial, Legal, and Governance Education.
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Nonprofit Financial and Legal Compliance Basics Checklist
SE4N's A. Michael Gellman (CPA, CGMA) and Benjamin Takis (JD) jointly authored this detailed checklist to cover the essential basics of financial and legal compliance that should be part of any nonprofit organization’s sustainability planning and risk management process, including Conflicts of Interest, Internal Controls and Risk Assessment, Employment and Human Resources, Financial Reporting and Audits, Government Grants, Governance and Corporate Records, and other Key Risk Management Areas.
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It is relatively common knowledge that dissolving a nonprofit organization is one of the most difficult decisions a Board of Directors may have to make. However, many people underestimate the careful planning, attention to detail, and commitment that is required to properly shut down and dissolve an organization. This process should start well before the filing of “Articles of Dissolution” and often continues in a post-dissolution “wind-up” period that can last for months or years.
The markers for tracking and assessing a nonprofit organization’s financial health are not a mystery. The key elements of financial health (operating reserves, funding, and operational expenses) are generally easy to identify and understand. You just need a willingness to keep your eyes open and a commitment to pause and make an honest assessment of a financial picture that has most likely been changing.
I often receive inquiries from entrepreneurs who are looking to add a philanthropic component to an existing for-profit business, such as by forming a nonprofit as a charitable arm or subsidiary of their business or starting a corporate foundation. These ideas are usually well-intentioned. However, mixing business and charitable activities too closely can make IRS approval of 501(c)(3) status an uphill battle.
Difficult budget issues can often arise quickly and unexpectedly. To maintain a high level of trust with your nonprofit organization’s Board and remain transparent, collaborative, and inclusive, be sure to communicate in a timely and thoughtful manner.
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Technology delivers better results for nonprofit organizations when it is considered and implemented through an organizational culture of collaboration. This is particularly true for customer relationship management (CRM) platforms and enterprise resource planning (ERP) systems, which impact a variety of different nonprofit staff and departments and raise unique integration challenges.
This template loan agreement provides basic terms and conditions that are generally recommended for nonprofit organizations receiving an interest-free loan from Board members, officers, or founders. This sample document includes provisions describing the amount and repayment (maturity) date of the loan, the interest-free and unsecured nature of the loan, the approval by independent directors, and more.
Ben and Mike answer questions from subscribers about addressing the perception accumulating too much in operating reserves, whether it’s a conflict of interest for a Board member to make an interest-free loan to the organization, the risks of relying too heavily on deferred income, and the risks of agreeing to indemnification obligations in a contract.
This checklist is intended to help nonprofit organizations understand and organize the key steps related to changing the organization’s principal office or headquarters address. The list includes compliance and operational steps such as filing notifications to satisfy IRS federal tax, state corporation, and charitable registration solicitation requirements, updating the organization’s registered agent address, notifying banks, insurance carriers, and vendors, and more.
Ben and Mike answer questions from subscribers about transitioning from cash basis to accrual basis accounting, the ideal Board size for a new nonprofit organization, how to avoid falling behind in the budget preparation process, and tips for keeping the Board of Directors focused on strategy rather than minutiae.
This Board Confidentiality Policy template is intended to help your organization communicate to the Board of Directors the importance of non-disclosure and proper use of a nonprofit organization’s sensitive information. This template includes basic essential provisions such as the definition of “Confidential Information” (with common exceptions), and provisions for the use, safeguarding, and return of documents containing Confidential Information.
Ben and Mike answer questions from subscribers about the pros and cons of receiving a modified audit opinion vs. delaying completion of the audit, whether the Board of a membership organization owe fiduciary duties to the members or to the mission, the use of non-disparagement language in severance agreements, and how better understand an organization's finances.
The Treasury Regulations and Form 1099 instructions provide that the 1099 reporting requirements apply to payments made “during the calendar year.” This guidance strongly suggests that nonprofits should issue Forms 1099 to their vendors and service providers based on when the payments were actually made (cash basis), even if the organizations otherwise use accrual basis for tax and accounting purposes.