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Event Details

Advising and Operating the NY Not-for-Profit Org. (NYC)

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Date:
Thursday, December 12, 2013
Time:
9:00 AM - 4:50 PM Eastern Standard Time

Description

Co-sponsors:

Business Law Section
Trusts and Estates Law Section and its Committee on Charitable Organizations
Committee on Continuing Legal Education

7.0 MCLE Credits: 2.0 Skills; 0.5 Ethics; 4.5 Law Practice Management/Professional Practice for all attorneys

This popular program has been redesigned and updated from previous years' presentations to address not only current issues in the corporate and tax realms, but also charitable planning challenges often faced by estate planning practitioners. The experienced faculty members will share tips and provide guidance in identifying and addressing the special legal and practical areas of concern to not-for-profits, their members, and charitable donors and donees.

The Nonprofit Revitalization Act of 2013 (NFPCL), passed in the closing days of the 2013 legislative session and as of early December, awaiting the Governor's signature, has been called the most extensive revision to New York's Not-for-Profit laws in forty years. Where appropriate, the panelists will address how this major legislation, if adopted, will affect nonprofits and what the lawyer-counselor will need to know.

"Best practices" and recommended operational procedures that should be employed by an organization's board, administration and advisors in addressing recurring issues of fiduciary duties, liability and conflicts will be covered by the faculty as well.


Program Agenda

8:30- 9:00 a.m.
REGISTRATION
(outside meeting room)

9:00-10:00
I. STRUCTURE, FORMATION AND OPERATION: AN OVERVIEW

A. Generally, including choice of jurisdiction and recent benefit corporation legislation
B. Drafting and filing certificates of incorporation
C. Corporate structure
D. Initial filings overview
E. Updates on NFPCL amendments (The Nonprofit Revitalization Act of 2013) in 2013

10:00-10:50
II. TAX EXEMPTION OVERVIEW

A. Classification under Section 501(c) of Internal Revenue Code
B. Forms 1023 and 1024
C. Common significant tax issues

10:50-11:05
Coffee Break

11:05-11:55
III. THE ROLE OF NY ATTORNEY GENERAL

(IF TIME ALLOWS, THE PROGRAM WILL ADDRESS THE ROLE AND PERSPECTIVE OF THE NYS DEPARTMENT OF STATE)

11:55-12:40 p.m.
V. OVERVIEW OF MAJOR CORPORATE TRANSACTIONS

A. Certificates of Amendment
B. Sales of all or substantially all assets
C. Mergers and consolidations
D. Dissolution
E. Updates on NFPCL (The Nonprofit Revitalization Act of 2013) amendments in 2013: approval process

12:40-1:55
LUNCH
(on your own)

1:55-2:55
VI. CHARITABLE PLANNING (BASICS, INCLUDING ENDOWMENTS)
A. Private Foundation
B. Direct Gift to Public Charity
C. Donor Advised Funds
D. Charitable Lead and Remainder Trusts
E. Loans to Charity
F. Lifetime gifting vs. Testamentary gifting

2:55-3:45
VII. CHARITABLE PLANNING (UNIQUE ASSET CONSIDERATIONS)

A. Unique problems considered by charitable donees when offered non cash contributions including unrelated business income, restrictions on transfer, environmental liability, lack of marketability and carrying costs.
B. Discussion of specific non cash contributions and issues to be considered by both donors and recipient charities including appraisal requirements, income tax deduction limitations, estate and gift consequences

3:45-4:00
Coffee/Soft Drink Break

4:00-4:50
VIII. BOARD FUNCTIONS/OPERATIONAL ISSUES

A. Fiduciary duties: care, loyalty, obedience
B. Liability: statutory liabilities; the derivative lawsuit
C. Conflicts of interest and NFPCL amendments (The Nonprofit Revitalization Act of 2013) in 2013
D. Indemnification and insurance
E. Exculpation provisions: Section 720-a, federal Volunteer Liability Protection Act

4:50 p.m.
ADJOURNMENT


Speakers (in alphabetical order)

Daniel R. Alcott, Esq.
Dorf & Nelson, LLP
Rye

Michael J. Cooney, Esq.
Nixon Peabody LLP
Washington, D.C.

Carl L. Distefano, Esq.
Assistant Attorney General
Section Chief
Charities Bureau
Office of the New York State Attorney General
New York City

Jasmine M. Campirides Hanif, Esq.
Katten Muchin Rosenman LLP
New York City

David W. Lowden, Esq.
Stroock & Stroock & Lavan LLP
New York City

Pamela A. Mann, Esq.
Carter Ledyard & Milburn LLP
New York City

Lisa Newfield, Esq.
McCarthy Fingar LLP
White Plains

David A. Shevlin, Esq.
Simpson Thacher & Bartlett LLP
New York City


Program Planning Committee 
(in alphabetical order)

Mary Anne Cody, Esq.
Mackenzie Hughes LLP
Syracuse

Michael A. de Freitas, Esq.
William C. Moran & Associates, P.C.
Williamsville

Christine Woodcock Dettor, Esq.
Bousquet Holstein PLLC
Syracuse

Jasmine M. Campirides Hanif, Esq.
Katten Muchin Rosenman LLP
New York City

Lisa Newfield, Esq.
McCarthy Fingar LLP
White Plains
 

ELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the "Save As" option under your "File" tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

 

Directions

(Across from Penn Station/Madison Square Garden)Transportation: Metroplitan Transportation: Subways: A, C, E, B, D, F, Q, N, R, 1,2, 3 & 9Buses: M16, M34, M4, M10, M20 & Q32Pennsylvania Rail Road Station: Long Island Railroad, Amtrak & NJ Transit (all trains)

Registration: 8:30 a.m. Program: 9:00 a.m. - 4:50 p.m.
THIS PROGRAM IS APPROVED FOR NEW YORK MCLE FOR ALL ATTORNEYS. IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
New York Hotel Pennsylvania
401 Seventh Avenue (at 33rd St.)
New York, NY 10001
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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