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Not For Profit/Exempt Organizations Blog

Tag Archives: governance

Rollout Challenges for New York Nonprofit Revitalization Act, Effective July 1, 2014

Posted in Governance

The rollout of the New York Nonprofit Revitalization Act of 2013 (the “Revitalization Act”), effective July 1, 2014, is causing challenges for many New York charities as the compliance date approaches.  For more information on the challenges resulting from the rollout of the Revitalization Act, click here.  For more coverage on the Revitalization Act, click here.

Governor Cuomo Signs New York Non-Profit Revitalization Act of 2013

Posted in Governance

The New York Non-Profit Revitalization Act of 2013 (the “Act”), which was passed by the New York State legislature in June, was signed into law by Governor Andrew Cuomo last week. The Act seeks to modernize the New York Not-For-Profit Corporation Law (the “NPCL”), and is the first major overhaul of the NPCL in four decades…. Continue Reading

Senate Finance Committee Staff Compiles Past Proposals for Exempt Organization Tax Reform

Posted in Charitable Giving

As part of a series of papers outlining tax reform options for the Senate Finance Committee (SFC), the SFC staff recently published a paper on tax reform options for tax-exempt organizations and charitable giving.  Like the other staff papers on tax reform options, the exempt organizations paper compiles suggestions that have been made by witnesses… Continue Reading

Applying for Tax Exemption? Toy with the IRS at Your Peril

Posted in Formation, Governance

The Tax Court recently delivered some sound advice – do not play “cat and mouse” with the IRS. In Ohio Disability Association v. Commissioner, a Tax Court Memo filed November 12, 2009, the Tax Court rejected the petitioner’s request for a declaratory judgment that it qualified as a public charity. The court’s rejection was based on its inability to conclude that the organization would operate exclusively for exempt purposes.

Independent ACORN Report Says Lax Governance, Rapid Growth Set Stage For Video Controversy

Posted in Governance

In September, 2009, Proskauer, by way of Scott Harshbarger, was retained by the Association of Community Organizations for Reform Now (“ACORN”) to conduct an independent analysis of the videos that caused this summer’s uproar as well as the organization as a whole, including its core weaknesses and inherent strengths.
The serious management challenges detailed in our report are the fault of ACORN’s founder and a cadre of leaders who, in their drive for growth, failed to commit the organization to the basic, appropriate standards of governance and accountability. As a result, ACORN not only fell short of living its principles but also left itself vulnerable to public embarrassment.