EO Radio Show

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . Today, I'm talking about the meaning of expenditure responsibility or ER grants made by private foundations. The term expenditure responsibility refers to the rules that a private grant-making foundation follows to avoid the onerous penalty tax on a grant or transaction that would otherwise be a taxable expenditure if made by the private...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today we'll cover an important governance topic for all nonprofit organizations. That is, what leadership needs to know about internal investigations. I'm delighted to have Farella partner Aviva Gilbert with me today to answer a few frequently asked questions about internal investigations in the context of nonprofi...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and episode 55 is the sixth in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we talked about a number of states. If you want to go back and look at them, episode 38 was Delaware and California, which are the most frequently used by our c...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . I'm Cynthia Rowland, and today, we are again lucky to have Farella real estate partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. In the previous episode, we discussed the major components of a term sheet. Today, we'll dive deeper into the lease agreement, including those boilerplate provisions and why they...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . I'm Cynthia Rowland, and today, we are lucky to have Farella partner Quinn Arntsen with us to talk about leasing issues for nonprofit tenants. Leasing real property is a big commitment. And it can be daunting for nonprofit executives who haven't been through the process a few times, especially for a long-term lease commitment. Quinn will...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and this is the fifth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today, we jump across the country to look at the basic state filing requirements for nonprofit corporations operating in New York and New Jersey. In episode 38...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and in today's episode, I'll touch on the steps necessary to withdraw the registration from the California Registry of Charitable Trusts of a nonprofit that is a foreign corporation. In episode 49, I covered the dissolution of a domestic California nonprofit corporation and the procedures necessary to accomplish the wi...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today I'm going to discuss some breaking news in the California nonprofit legal environment,  the California Supreme Court case, Turner vs Victoria . The decision was issued on August 3, 2023, and is an important California case on the rights of a nonprofit public benefit corporation director to bring a lawsuit aga...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and episode 49 of EO Radio Show summarizes the steps to wind up a charity that is a nonprofit corporation registered and operating in California. There are federal and state income tax considerations to address and organizational formalities, which are slightly different depending on whether the charity is organized a...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and I'm happy to have my colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using or being used by AI tools. We seem to be in the midst of an explosion of conversation about AI: What it can do, who is using it, how it is being used, how beneficial it can be, and...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource.  I'm Cynthia Rowland, and this is the fourth in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. Today, with the help of Joe Hilliard, we will discuss the basic state filing requirements for nonprofit corporations operating in Alaska and Hawaii. In episode 38, we talked about filing in...

Welcome to EO Radio Show – Your Nonprofit Legal Resource.  Many nonprofit organizations are required to have their financial statements audited by an independent certified public accountant. For example, a nonprofit charity that is required to be registered with the California Registry of Charitable Trusts and which has gross revenues of $2 million or more in a fiscal year must obtain an independe...

Welcome to EO Radio Show – Your Nonprofit Legal Resource. The IRS Form 990-PF is a complicated federal information return that the Internal Revenue Code requires every private foundation to file each year. For this episode, I'm delighted to have as my guest Tracy Hom, a certified public accountant with the firm Realize CPA. Tracy will address some frequently asked questions from private foundation...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . I'm delighted to have as my guest Stephanie Hood, my colleague here at Farella Braun + Martel, and a member of our top-notch estate planning practice. Our charity clients often come to us with a request to help a major donor think about a special gift to the charity, and sometimes we also get pulled in to help the charity when there are gl...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . I'm Cynthia Rowland, and this is the third in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. In episode 38, we talked about filing in California and Delaware, which are the most frequently used by our clients - most of whom have a connection with California. Episode 40 focused on the...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode focuses on documenting decisions made at meetings of a nonprofit organization's board of directors or trustees. While everyone who attends a board meeting should keep their own notes—and those notes can follow any style and can focus on the recording person's understanding of what transpired—it is the meeting minutes as ultim...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode focuses on the importance of meeting the federal tax filing deadlines that apply to charitable organizations. Most charitable organizations that are exempt from income tax are required to file a federal return on the 15 th day of the fifth month after the close of their fiscal year. So for nonprofits that use the calendar yea...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the second in our series of quick tip episodes starting with the details of state registrations of nonprofit corporations. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients—most of whom have a connection with California. Many also carry out activities in Nev...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . In this episode, we cover important issues for nonprofits dealing with distressed businesses, such as their landlords or tenants, other kinds of contract counterparties, and, recently, banking institutions or financial institutions. We'll talk a little about warning signs to watch for, some ideas for managing the situation when a party se...

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This week, we launch a series of quick tip episodes, starting with the details of state registration of nonprofit corporations. With the help of our crackerjack paralegal, Joe Hilliard, we tackle the basic filing mechanics for nonprofit corporations starting with Delaware and California today. We will work our way through the other states...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This episode focuses on the key questions to ask when a founder has that fire in the belly and is ready to create a new charity as an independent charitable entity. I'll outline the key steps and the timeline for launching the charity as a nonprofit corporation. And I'll walk listeners through the initial decisions that should be made befo...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This week, I am delighted to cover a niche topic and a special structure that allows certain nonprofits to have an outsize impact on improving their communities: New Markets Tax Credit deals. These deal structures take advantage of a special tax credit for US taxpayers that invest in the enterprise.  Here to talk us through the why, when,...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . A really hot topic this week is the duty of care for directors and trustees of charities in a time of volatility in the investment markets in general, and turmoil, or even fear of turmoil in their banking institutions. I'm not an investment advisor, and I can't and don't tell my clients where they should bank or what they should invest in....

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, we'll look closely at best practices for approving insider compensation decisions made by public charities and private foundations.  In episode 32, I gave a general overview of the federal laws regulating the transaction of busin...

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws regulating the transaction of business between a nonprofit and its insiders, which includes directors, trustees, certain executives, substantial contributors, and entities controlled by directors or substanti...