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NYSBA | Operating the NY Not-for-Profit Organization (Fall 2006) = 15

Operating the NY Not-for-Profit Organization (Fall 2006)

Non-Member Price:	$235.00
Member Price:	$150.00

Stock Status:	In Stock
Product Code:	80708

Product Description

Live Program Held: Wednesday, November 1, 2006 - New York City

This program is more than a typical survey course on the law affecting not-for-profit organizations, as the speakers will focus on ongoing operational and governance issues and the “best practices” the organization’s board, administration and advisors should employ during the various stages of the organization’s existence. In addition to issues commonly occurring in the areas of formation, taxation, fundraising and the attorney general’s role, the program will devote attention to problem areas that typically arise in the ongoing life of a nonprofit, including to what extent the lawyer/counselor should be participating in its affairs. The experienced faculty members will share tips and provide guidance in identifying and addressing the special legal and practical areas of concern to nonprofits and their members. Time has also been reserved in the program to discuss the latest activity and proposals by the legislature and Congress affecting nonprofits.

PROGRAM CONTENTS:

STRUCTURE, FORMATION AND OPERATION: AN OVERVIEW (61 min.)

Types of New York not-for-profit organizations
Categories of members and overview of members’ rights
“Fiscal sponsorship” arrangements
Range of governmental entities overseeing nonprofits
Drafting an effective “Purposes” clause for the certificate of incorporation
Proposed overhaul of New York NPCL

CURRENT ISSUES RELATING TO FEDERAL AND STATE TAXATION (61 min.)

Review of forms to file and filing obligations
Obtaining exemptions from particular taxes
Unrelated business income tax (UBIT)
Jurisdiction, review and policies of the IRS

THE NEW YORK PRIVATE FOUNDATION (31 min.)

Regulation under the Internal Revenue Code
What taxes can be levied on a foundation
Transactions between the foundation and its “insiders”
Mandatory distribution requirements
Excess business holdings
Investments which jeopardize the foundation’s exempt purposes
What are taxable expenditures?
Termination rules and procedures

DISSOLVING THE NEW YORK NOT-FOR-PROFIT ORGANIZATION (30 min.)

- Judicial and non-judicial dissolution
- Applying the “quasi cy pres” doctrine
- Distributing the assets
- Final forms to file and wrapping up

THE ROLE OF THE NEW YORK ATTORNEY GENERAL (37 min.)

- Jurisdiction
- The Charities Bureau
- Administration of charitable assets
- Registration and reporting requirements
- Regulation of not-for-profit corporate changes
- Proposed legislation

FUNDRAISING ISSUES AND ACTIVITIES (34 min.)

Deductibility and documentation of donations
Charitable solicitation
Restricted gifts
Particular fundraising activities and practices
Update on anti-terrorism rules and regulations
Federal charitable giving incentives and reform measures

BEST PRACTICES IN THE ONGOING OPERATION OF THE NOT-FOR-PROFIT ORGANIZATION

A. BOARD FUNCTIONS (34 min.)

By-laws: preparing an effective road map
Delineating directors’ and officers’ duties and properly structuring the board
Fiduciary responsibilities
“D and O” liability insurance
Executive compensation and annual reviews
The attorney’s role: ethical considerations

B. ORGANIZATIONAL ISSUES (50 min.)

Observing the rules on lobbying
Addressing “UBIT” issues
Periodic legal audits of the organization’s key documents, policies and transactions
Engaging the services of an accountant/auditor
What you need to know about Sarbanes-Oxley
Political activity limitations
Succession planning
Crisis management
Complying with all the necessary filings
Effective law office procedures and checklists so you don’t miss anything

PROGRAM SPEAKERS:

Overall Planning Chairs and Coordinators
Marion Hancock Fish, Esq.
Hancock & Estabrook, LLP
Syracuse

Steven H. Mosenson, Esq.
Cerebral Palsy Associations of New York State, Inc.
New York City

Richard P. Wallace, Esq.
Martin, Shudt, Wallace, DiLorenzo & Johnson
Troy

PANEL

New York City Session: Elizabeth M. Guggenheimer, Esq., Legal Director, Lawyers Alliance for New York, New York City * Jasmine M. Hanif, Esq., Katten Muchin Rosenman LLP, New York City * Jennifer I. Goldberg Reynoso, Esq., Simpson Thacher & Bartlett LLP, New York City * Pamela A. Mann, Esq., Law Offices of Pamela A. Mann, New York City * Anita L. Pelletier, Esq., Nixon Peabody, LLP, Rochester * Robert Pigott, Esq., Assistant Attorney General, Charities Bureau, New York City * M. Antoinette Thomas, Esq., Carter Ledyard & Milburn LLP, New York City * Ronald J. Weiss, Esq.

Total MCLE credits 6.5

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the "MCLE coursebook."