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Q&A #91 – Does the Past President have voting rights on a nonprofit Board of Directors?
The question of whether the Past President has voting rights on a nonprofit organization’s Board of Directors does not have one universal answer, and ultimately depends on the organization’s Articles of Incorporation and Bylaws. If these documents truly do not address the issue and there is nothing in the Articles or Bylaws connecting the Past President position to a seat on the Board, then the Past President will not have voting rights on the Board.
Successful Charity Auctions Start with Careful Planning
Charity auctions are used by nonprofit organizations of all shapes and sizes. Organizations that are thoughtful with their investment in time and planning can realize major benefits from their charity auctions. However, many nonprofits commit to holding charity auctions without committing to the time, planning, and due diligence necessary to realize the most successful event possible. A poorly planned charity auction can potentially impact net proceeds received, damage the organization’s reputation, and even expose the organization to tax liabilities and other possible risks.
![CHECKLIST: Charity Auctions Done Right [SUBSCRIBERS-ONLY]](https://images.squarespace-cdn.com/content/v1/5e6ccadfb4659c1d51df14d5/16fe2e55-4530-46ff-b4ee-f2d8c1c88760/Canva+auction+photo.png)
CHECKLIST: Charity Auctions Done Right [SUBSCRIBERS-ONLY]
R. Michael Sorrells (CPA) and A. Michael Gellman (CPA, CGMA) jointly authored this checklist of key “Dos” and “Don’ts” to help your nonprofit optimize its charity auctions, run them efficiently and without unwanted hiccups, and be prepared to comply with key tax and legal requirements.
Q&A #90 – What happens if a Board member’s term expires and no successor is elected?
The status of Board members whose terms have expired depends on the organization’s Bylaws and the applicable state nonprofit corporation statute. The law in many states is that unless the organization’s Articles of Incorporation or Bylaws provide otherwise, Directors continue to serve past the expiration of their term until a successor is elected and takes office. This often applies to Officer positions as well.
Internal Accounting Controls and the Importance of Perception
Internal accounting controls are an everyday fact of life. They protect nonprofit organizations from many types of risks ranging from theft, fraud, and diversion of assets, to errors and mistakes, to highly sophisticated scams and cyber security threats. Organizations must maintain vigorous and sustainable internal accounting control systems. However, if the perception of an organization’s internal accounting controls is weak, its ability to battle these threats will be greatly reduced.
Q&A #89 – Are grants from donor advised funds subject to 2% limit when calculating public support on Form 990, Schedule A?
As of the date of this post, contributions received from a donor advised fund (DAF) are generally counted in full and not subject to the 2% limitation when calculating public support under section 170(b)(1)(A)(vi) of the Internal Revenue Code on Form 990, Schedule A. This favorable treatment currently applies regardless of whether the individual who holds the DAF account makes substantial contributions to the organization. However, this treatment has been under increasing scrutiny, so be aware that these rules could change significantly in the future.
If Theft or Fraud Happens, Do Not Make It Worse with Silence
It’s hard to find a nonprofit organization that has not been hit by a theft, fraud, or other material diversion of assets. It almost seems inevitable to happen at some point. We must continue to strengthen internal controls and stay vigilant, searching for evolving weaknesses and risk exposures. If a theft or fraud does happen, it is important to be fully transparent with messaging and avoid the tendency to go silent.
Q&A #88 – Does theft or fraud need to be reported on the Form 990?
Whether theft or fraud must be reported on the Form 990 depends on the amount, and also on the role of the individual who committed the offense. Part VI, Line 5 of the Form 990 (on page 6) requires organizations to disclose whether they became aware of a “significant diversion of the organization’s assets.” Also, if assets were stolen by a “disqualified person,” this must be reported as an “excess benefit transaction” on Part IV, Lines 25a and 25b (on page 4) and Schedule L.
Q&A #87 – Who controls the remaining funds when fiscal sponsorship is terminated?
While the specific rights of each party would be determined by the specific fiscal sponsorship agreement at issue, it is very likely that the fiscal sponsor has retained the sole discretion and control (also known as “variance power”) over how to disburse the funds raised in furtherance of the charitable purposes of the project when the fiscal sponsorship is terminated.
The Importance of Operating and Intermediate Cash Management Target Policies
Establishing operating and intermediate cash management target policies will provide many benefits. This simple but often overlooked cash management best practice will augment internal accounting controls, boost cash management awareness, and enhance perceptions that nonprofit organization management systems are significant and robust.
Q&A #86 – Is a private foundation always required to obtain an equivalency determination opinion letter before making a grant to a foreign charity?
In general, a private foundation that wishes to make a grant to a foreign organization is required to either: (1) verify that the foreign organization has been approved by the IRS as a 501(c)(3) public charity; (2) exercise “expenditure responsibility” over the grant; or (3) make a good faith determination that the foreign organization is equivalent to a United States public charity (typically by relying on an opinion letter from a qualified tax practitioner). Thus, it is not always necessary to obtain an equivalency determination, but this is generally the safest option for a private foundation in the event the grantee organization has not received an approval letter by the IRS.
Q&A #85 – Are committees required to keep meeting minutes?
Check your state’s nonprofit corporation statute to be sure, but these laws generally require that Board committees keep minutes of their meetings, or at least records of all official actions taken by these committees. Further, the Form 990 inquires whether organizations contemporaneously document meetings held, or written actions taken by, committees authorized to act on behalf of the Board (see Part VI, Section A, Line 8b). Therefore, it is highly recommended, and may be required by applicable state law, to keep minutes of committee meetings.
Q&A #84 – Can a charitable assistance program be limited to people in a single neighborhood?
It is a long-recognized principle that individuals who receive assistance from a 501(c)(3) charitable organization must be part of a “charitable class” that is sufficiently large or indefinite, such that the assistance program benefits the community as a whole, rather than small, pre-selected group of people. See IRS Pub. 3833. Limiting benefits to residents of a single neighborhood would probably satisfy this requirement so long as this restriction doesn’t function to benefit a blatantly small or self-interested group of people, although the line can be difficult to discern.
![Conferences Provide Unique Professional Developmental Opportunities [SUBSCRIBERS-ONLY]](https://images.squarespace-cdn.com/content/v1/5e6ccadfb4659c1d51df14d5/1709988897758-BZCWO43LPL581Y3A234W/pexels-borta-4331578.jpg)
Conferences Provide Unique Professional Developmental Opportunities [SUBSCRIBERS-ONLY]
Each year there are multiple nonprofit industry conferences that provide unique developmental learning experiences. These multi-day conferences provide interactive learning platforms that together provide enriching learning experiences that are hard to replicate in regular brief stand-alone training and educational sessions. The Nonprofit Symposium (powered by GWSCPA) is one of the best examples of a professional nonprofit industry conference done extremely well and should not be missed.
Q&A #83 – What happens if my organization files Form 1023-EZ and then exceeds $50,000 in revenue?
The decision whether to use the Form 1023-EZ instead of the full Form 1023 is a one-time choice, so it is important to choose wisely. There is neither a requirement nor an opportunity to supplement the Form 1023-EZ later with a full Form 1023 if your organization exceeds $50,000 in revenue in one of the first three years. In the worst-case scenario, it is possible the IRS could audit the organization and retroactively revoke 501(c)(3) status if your initial financial projections are deemed to be a “misstatement of material information.” However, this result is unlikely if you can show that your financial projections were reasonable and made in good faith at the time the application was submitted.