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Q&A #98 – When should nonprofits hold their annual Board meeting?
Nonprofit Boards are generally required to meet at least once per year. However, if the Bylaws do not specify when the annual Board meeting must take place, then the organization and its Board is free to decide the timing. In my experience, the question of when to hold the annual meeting should be based on three key considerations: consistency, alignment with your organization’s governance and operational cycles, and efficiency. Applying these three factors will help to enhance the effectiveness and timing of the annual Board meeting.
![A Lesson for Nonprofits about Public Perception from the Crisis Text Line Controversy [SUBSCRIBERS-ONLY]](https://images.squarespace-cdn.com/content/v1/5e6ccadfb4659c1d51df14d5/1709903325020-J1C3HBLFN06X624YSYZ4/adem-ay-ik_AuIWeBBM-unsplash.jpg)
A Lesson for Nonprofits about Public Perception from the Crisis Text Line Controversy [SUBSCRIBERS-ONLY]
A controversy involving the nonprofit organization Crisis Text Line’s sharing of anonymized data with a related for-profit entity has been a major topic of conversation recently following a lengthy report by Politico. While the specifics of this situation may be unique, this story is a lesson to all nonprofits that public perception should always be considered as one of the main factors in any decision, and this public perception can be just as important as legal formalities.
Q&A #97 – What to do when the Bylaws are ambiguous?
It is nearly impossible to eliminate all ambiguity from the Bylaws of a nonprofit organization, so sometimes interpretive questions will arise that truly do not have a clear answer. Fortunately, courts will often defer to the Board’s interpretation of ambiguous Bylaws if the Board can show that the interpretation was reasonable and made in good faith. While the level of deference will vary depending on the applicable jurisdiction, this is a good standard to aim for regardless.
VIDEO: Adding an Assistant Treasurer Position | 5-Minute Lessons 4 Nonprofits
SE4N's A. Michael Gellman provides a short lesson on the benefits of adding an assistant treasurer position to your nonprofit organization’s governance structure, including ideas for how to implement this role.
Q&A #96 – Must a Form 1099 be issued for a grant made to a nonprofit organization?
Grants made to nonprofit organizations are usually not subject to Form 1099 reporting because nonprofit payees typically fall within certain exceptions under the Form 1099 rules. Specifically, Form 1099 reporting is generally not required with respect to payments made to corporations or tax-exempt organizations. In this case, both exceptions probably apply.
Three Tactics for Communicating Difficult Budget Issues to Your Board
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.
Q&A #95 – Can nonprofit parent and subsidiary organizations have identical Boards?
There is not a cut-and-dry answer to the question of whether nonprofit parent and subsidiary organizations with different tax-exempt statuses are permitted to have identical Boards. However, too much Board overlap could potentially increase the risks that one or both organizations will be perceived by the IRS to be violating the restrictions on their tax-exempt status. In the case of a parent 501(c)(6) chamber of commerce with a subsidiary 501(c)(3) organization, it is generally advisable to have at least one or two persons on the Board of the subsidiary who are not Board members of the parent.
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How to Better Leverage the Position of Immediate Past President [SUBSCRIBERS-ONLY]
Every nonprofit organization has a chief Board position, often titled as President, who serves an influential and highly visible leadership role. The time served as President is active and intense, but often comes to a halt quickly once the term of office is completed. Nonprofits can ease this transition by giving more thought to the role of the Immediate Past President.
Q&A #94 – How is a tax gross up calculated?
Grossing up a payment to offset the taxes the employee will owe on the payment is a relatively rare practice among nonprofit organizations, but can be appropriate under certain circumstances usually involving one-time payments such as reimbursement of relocation expenses. These calculations can be confusing because when you increase a payment to cover taxes, there is also tax on that increased amount. Therefore, a formula must be used to figure out the amount that is sufficient to pay the taxes on the original (pre-gross up) amount as well as the taxes on the increased amount.
Three Attributes to Consider and Balance When Making Financial Decisions
Making financial decisions is never easy. Making sure multiple points of view, strategies and possible consequences are considered will help to optimize results and protect the organization. Three attributes to consider when making financial decisions are return on investment (ROI), safety, and confidence. These three attributes individually may appear simplistic, but together they can help shape and focus discussion and positively impact strategy and sustainability.
Q&A #93 – Are term limited Board members ever eligible to rejoin the Board?
The question of whether Board members are eligible to rejoin the Board after a period of time has lapsed is one of the most important issues that should be addressed in the Bylaws of any nonprofit that has term limits for its Board of Directors. If the Bylaws are truly silent to this issue and do not specify when term limited Board members become eligible to serve again, then the Bylaws should probably be interpreted as not allowing these Board members to rejoin. Amending the Bylaws to clarify this issue would be advisable.
The Benefits of Multi-Year Budgets
I have been a strong advocate of year-end budget projections that are updated monthly throughout the year. These budget projections help nonprofit organizations to keep track of their progress while providing an opportunity to react to changing circumstances in real time. The impact on the psyche is immediate and beneficial. This impact is enhanced when paired with multi-year budgets as shown in our Multi-Year Budget Financial Dashboard Template.
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TEMPLATE: 3-Month Rolling Budget [SUBSCRIBERS-ONLY]
During periods of high growth or rapid expected and unexpected changes and disruption, this 3-Month Rolling Budget Template will be a useful planning tool to help your nonprofit organization strategize, pivot and change course, documenting your search for a sustainable and smooth path forward.
![TEMPLATE: Multi-Year Budget Financial Dashboard [SUBSCRIBERS-ONLY]](https://images.squarespace-cdn.com/content/v1/5e6ccadfb4659c1d51df14d5/7af9aba8-cf74-4d2a-90db-c53d81c47856/matt-noble-BpTMNN9JSmQ-unsplash.jpg)
TEMPLATE: Multi-Year Budget Financial Dashboard [SUBSCRIBERS-ONLY]
For evolution and change to be fully appreciated, nonprofit organizations need to include multi-year forecast budgets in financial reporting to show how the organization is evolving and how its programmatic goals and activities will be reflected in the future.
Q&A #92 – Are nonprofit Boards required to have term limits?
Generally, there is no legal requirement for a nonprofit Board to have term limits. While it is true that some state nonprofit corporation statutes limit the number of years in a single Board term, there is typically no limit on the number of times a Board term may be renewed through re-election (unless specified in the Articles of Incorporation or Bylaws).