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Enhance Your Knowledge of This Unique Area of Law

Do you know the best practices and pitfalls for drafting bylaws, articles of incorporation, corporate policies and establishing tax exempt status? Can you confidently advise clients on governance, executive compensation, transparency, UBIT and other hot-button issues? This program will walk you through key steps of the nonprofit lifecycle and give you the knowledge and tools you need to establish tax exempt organizations and help clients preserve tax-exempt status. Don't miss this opportunity for practical instruction and sample forms - register today!

  • Get up to date with the latest legislation, enforcement activities and hot-button legal issues impacting exempt organizations.
  • Understand current best practices for drafting bylaws, articles of incorporation and corporate policies.
  • Find out how to successfully apply for tax-exempt status.
  • Review governance liability issues and gain best practices for minimizing them.
  • Catch Form 990 and UBIT reporting mistakes before the IRS does.

  1. Bylaws, Articles of Incorporation and Policies: Pitfalls to Avoid
    9:00 - 10:00, Lawrence M. Magdovitz
    1. Public Charity or Private Foundation
    2. State Corporate Statutes and Forms (w/Examples)
    3. Member-Elected or Self-Perpetuating Board
    4. Process for Adopting and Updating
    5. Drafting and Revising Bylaws: Top Mistakes
    6. Preparing Articles of Incorporation (w/Sample)
    7. Mission Statement (and Evolving Mission Issues)
    8. Key Policies and Procedures: Conflict of Interest, Compensation and More
  2. IRS Form 1023 and 1024 Procedures (and Problems)
    10:15 - 11:15, J. Vincent Perryman
    1. Determining the Type of Tax Exempt Organization
    2. Application Process and Procedures (in Detail)
      1. 1023-EZ
      2. IRS Form 1023
      3. IRS Form 1024
    3. Critical Form/Application Mistakes
    4. Responding to IRS Inquiries on Applications
  3. Board Governance, Compensation and Liability - Legal Landmines
    11:15 - 12:15, Katharine A. Jungkind
    1. Understanding the Current Environment
    2. Changes You Need to Know
    3. Fundamentals of Nonprofit Governance: Responsibilities and Liabilities
    4. Duty of Loyalty and Duty of Care Standards
    5. IRS Focus on Governance
    6. Indemnification and Insurance
    7. Board Involvement: Too Much or Too Little?
    8. Handling Complicated Compensation and Benefit Issues
    9. Private Inurement, Private Benefit and Prohibited Transactions
    10. Intermediate Sanctions and Excess Benefit Transactions
    11. Current Governance Best Practices and Tips
  4. Top IRS Form 990 and UBIT/UBTI Reporting Mistakes
    1:15 - 2:15, Katharine A. Jungkind
    1. Sample Form and Schedule Review
    2. Recent Changes and Current Areas of Scrutiny
    3. Key Policies/Sarbanes-Oxley Compliance
    4. Disclosures
    5. Use of Schedule O
    6. UBIT/UBIT: Top Reporting Pitfalls
  5. Contributions, Fundraising/Charitable Solicitations and Planned Giving
    2:15 - 3:15, Brandon C. Dixon
    1. State and Federal Rules, Regs and Requirements
    2. Charitable Fundraising - Legal Risks
    3. Accepting Money/Property - Pitfalls to Avoid
    4. Donor-Advised Funds
    5. Planned Giving Ideas and Techniques
    6. Maintaining Public Charity Status; Unusual Grants
    7. Substantiation and Disclosure of Charitable Contributions
  6. Ethical Considerations
    3:30 - 4:30, J. Vincent Perryman
    1. Who is the Client?
    2. Attorney-Client Confidentiality
    3. Confidentiality vs. Disclosure to the IRS
    4. Self-Dealing Situations
    5. Excessive Compensation

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