In California, every domestic nonprofit corporation must file a Statement of Information (the “Statement”) within 90 days of incorporation and every two years thereafter. Nonprofit corporations formed outside of California but that operate in the state must file a Statement of Information within 90 days of initial registration in California and every year thereafter. If …
Effective governance is essential for the sustainability and legal compliance of nonprofit organizations. At the Law Firm for Non-Profits, we believe it is important for a nonprofit board of directors to adopt and follow suitable written policies and procedures. Such documents are vital to steering the nonprofit organization on the correct path and ensuring awareness of and adherence to the laws that regulate them. The Foundation of Good Governance: Clear and Comprehensive Bylaws Good governance …
Introduction Nonprofit corporations formed outside of California may be required to file several forms to allow them to legally operate within the state of California. This blog summarizes filing requirements, due dates, and potential ramifications for failure to comply with filing requirements for California “foreign” or “out-of-state” nonprofit corporations. What is a “Foreign Corporation”? “Foreign corporation” is a term that describes a corporation that operates in a state outside …
The board members of a nonprofit are legally responsible for overseeing everything the nonprofit does. California state law strictly controls how a board manages its affairs and sets high standards for board members’ conduct. Failure to satisfy these legal standards – i.e., the board members’ “fiduciary duties” – can result in personal liability for directors …
The IRS and some states require nonprofits to disclose certain documents to the public upon request. Additionally, the IRS and some states even make these documents available to the public. Donors want to be able to ensure that the nonprofits they donate to are spending their contributions wisely. Maintaining transparency – which nonprofits accomplish in …
It is a best practice for nonprofits to have a conflict of interest policy to guide them on how to approach conflict of interest transactions. Such a policy will help ensure that, when actual or potential conflicts of interest arise in connection with a proposed transaction, the nonprofit has a process in place under which the relevant individual(s) will advise the governing body about all the pertinent facts concerning …
