Blog.
Most Recent Posts
Options and Tactics for Managing Restricted Funds During a Crisis
When there is substantial accumulated restricted funding in place and held on the balance sheet, most nonprofit organizations find themselves at great risk of inadvertently using restricted funds for purposes other than those agreed to with the donor/funder.
Q&A #6 – Are there legal restrictions on my company’s ability to raise money for charity?
The main issue to consider is compliance with State “charitable solicitation registration” laws.” These laws, which have been enacted in about 40 States, are basically consumer protection laws aimed at protecting the public against being scammed by fraudulent fundraisers or illegitimate charities. These laws generally apply to anyone raising money for charitable purposes (with a few exceptions).
Setting Up a COVID-19 Task Force is a Proactive Strategy
Through many conversations with clients and colleagues, and feedback from participants in my webinars and podcasts, I have found that nonprofit organizations are significantly benefiting from setting up a task force to help respond and react to the many issues and disruptions related to the COVID-19 crisis.
Q&A #5 – Is my nonprofit organization allowed to extend Board terms during a crisis?
The simple answer is that you cannot violate your Bylaws with a simple Board resolution to extend Board terms (even on a temporary basis and even during a crisis). You should review your Bylaws and the laws of your State of incorporation closely to see what options may be permitted. There may be some flexibility built into your Bylaws that will allow you to retain the desired continuity.
Q&A #4 – What options does my organization have related to restricted funds for a project that we’ve had to put on hold due to the pandemic?
Restricted funds, of course, cannot be used for purposes outside of the restrictions agreed to unless the donors/grantors consent to modify the restrictions (or, alternatively, the modifications are approved by a court). However, there are several steps you can take to get a better sense of how narrow or flexible the restrictions actually are, and to work with your donors and grantors to seek the appropriate modifications that will benefit your organization.
Prepare a Burn-Rate Analysis and Dashboard
During a time of crisis, knowing the ins and outs of your burn-rate is vital because there are so many decisions being made quickly. Having a good handle on your burn-rate enables you to pay more attention to the variable cost side of the equation knowing you have already considered your operational fixed costs through a burn-rate analysis.
Using Operating Reserves During a Crisis: When and How Much?
Many nonprofit organizations have worked very hard over numerous years to build up operating reserves to a level that allows them to be considered a financially healthy organization with enhanced sustainability prospects for weathering an unexpected economic downturn. However, now that we are in the midst of a full-blown economic crisis, organizations that have built-up substantial operating reserves are faced with a real quandary of answering two simple questions: When? and How Much?
Q&A #3 – Is my Board allowed to have virtual meetings?
It is very likely that virtual Board meetings of this type are allowed based on your description of the Bylaws. Unless your Bylaws have specific restrictions, “virtual” attendance at a Board meeting counts as attendance in person, and the meeting is treated the same as any other Board meeting for all purposes (quorum, notice, voting, etc.).
Q&A #2 – Can donors use the charitable deduction for pre-paid fees for events that have been cancelled if the donor lets the organization keep the fees in lieu of a refund?
The IRS has never, to my knowledge, issued guidance on this particular question. But applying fundamental principles of the charitable deduction rules, people who affirmatively decline to receive a refund for cancelled events, and instead let the organization keep the remaining fees, should be able to deduct this portion as a “donation.”
Top 10 Legal Action Items for Nonprofits in Light of COVID-19
While the usual legal compliance issues affecting nonprofit organizations (tax compliance, corporate governance, privacy issues, charitable solicitation registration, etc.) have not gone away, the massive wave of new legislation passed in response to the pandemic has made adapting to these new circumstances the number one legal priority for all nonprofits.
Q&A #1 – Can my nonprofit raise money to help people affected by COVID-19?
Yes, this is generally something that a 501(c)(3) public charity can do so long as proper processes are followed. This is similar to the “benevolence funds” that are often established by churches, community foundations, and other similar types of publicly supported nonprofit organizations.
Impact of Hyper Change on Financial Health and Continuity
During extraordinary times of hyper change, we are confronted with so many changing elements that making effective management decisions seems overwhelming and finding a starting point feels impossible.