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| Business Ventures for Nonprofit Organizations |
| Not Currently Scheduled |
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| Increasingly, nonprofit organizations are involved in implementing business ventures in order to promote job development, encourage neighborhood revitalization, and create new revenue stream to support their work. This introductory workshop explores (1) the different legal structures through which nonprofit organizations can participate in business ventures and commercial activity, with a particular focus on limited liability companies, for-profit subsidiaries, partnerships, and contractual joint ventures; (2) the benefits and disadvantages of these legal structures, with emphasis on the goals of protecting the nonprofit organization from potential liability, protecting the nonprofit organization's tax-exempt status, and raising outside capital for the business venture; and (3) sample operating agreements for a limited liability companies and other legal structures for operating business ventures. For nonprofit managers from organizations that are considering – but have not yet launched – a business venture. |
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| Collaborations, Contracts, and Strategic Alliances |
| March 3, 2009 - 9:30 AM to 12:30 PM |
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| Nonprofit organizations rely upon collaborations to enable them to deliver services they cannot deliver alone. By collaborating, groups are able to draw upon outside expertise, expand geographic reach and tap otherwise unavailable resources (e.g., financial, personnel). This workshop will address the legal issues associated with collaborations including: different options for structuring collaborative relationships, the process of selecting a collaborative partner, and memorializing the agreement among collaborators. For nonprofit organization personnel involved in initiating or developing agreements, contracts, subcontracts, Memoranda of Understanding, Letters of Intent, or other written reflections of collaboration. |
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| Current Issues in Advising Nonprofit Organizations (A Continuing Legal Education Program) |
| January 23, 2009 - 9:00 AM to 4:30 PM |
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| See CLE Events for program and pricing information. |
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| Developing Community Facilities (New) |
| June 2, 2009 - 9:30 AM to 12:30 PM |
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| Purchasing and/or renovating real estate is a complicated process. This workshop explores the common legal and practical issues to be considered in making a purchase or undertaking renovations. Issues around common funding mechanisms with governmental and private entities will also be discussed. We will use several different case studies to illuminate the subject, including: acquisition of property from the City for a mixed use community center and housing development; acquisition of property from a private party for subsequent (program-related) commercial use; demolition and rebuilding of agency headquarters. We will also examine the need for various agreements, including financing, design and contractor’s agreements, associated with the process of renovation of leased or owned property. For nonprofit board members and executive directors. |
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| Employment Law and Personnel Management |
| Not Currently Scheduled |
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| The most important resource that any nonprofit possesses is the “human capital” of its staff, and managing employees with legal compliance and sensitivity is a cornerstone of success. This workshop covers the employment and labor law issues commonly confronted by managers of nonprofit organizations, at the federal, state and local levels. Topics covered include the difference between independent contractors and employees; “exempt” and “nonexempt” employees under the wage and hour laws; developing and updating personnel policies and manuals; avoiding discrimination claims when hiring and firing; and the importance of personnel record-keeping. For board members, executive directors. |
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| Employment Law: Beyond the Basics (New) |
| April 16, 2009 - 9:30 AM to 12:30 PM |
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| As nonprofit organizations learn to cope with diminished resources, proper management of the most precious resource of all - the staff - becomes critical. Topics include legal aspects of reductions in force, including federal and state WARN obligations; proper calculation of overtime including how to determine working time and base rate of pay; leaves of absence and the new FMLA regulations; disability discrimination and accommodation; and more. Through role playing and other interactive activities in addition to lecture, course participants will have a chance to share best practices. Who should attend: Anyone with primary responsibility for human resource management. Familiarity with basic employment law concepts is highly recommended.
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| Executive Compensation and Related Party Transactions |
| May 5, 2009 - 9:30 AM to 12:30 PM |
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| Paying excessive compensation for management salaries or goods or services provided by insiders is not only wasteful – it may result in IRS or NYS penalties against a nonprofit and the responsible individuals. This workshop will address the practical implications of what has been described as the most significant change in the law of tax-exempt organizations in thirty years, the regulation of executive compensation and transactions between nonprofit organizations and their board members that is known as "intermediate sanctions." Topics include entering into transactions with Board members and other insiders without fear of being second-guessed, and setting compensation for executive directors and other senior managers in a way that won’t be challenged. For board members, executive directors, and human resources professionals of nonprofit organizations that are exempt under sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code. |
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| Fundraising Law and Regulation |
| June 11, 2009 - 9:30 AM to 12:30 PM |
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| Community-based nonprofits seek contributions from an increasingly diverse array of sources – government, private foundations, corporations, individuals, and special event donors – and new ways of fundraising have opened up new opportunities to support their work. As nonprofits prepare for the holiday giving season, it helps to understand the regulatory framework. This workshop will present the basic federal and state law controlling fundraising by nonprofits in New York, including what types of donations are tax deductible, the documentation and disclosure rules imposed by the Internal Revenue Code, state registration and reporting requirements, and legal issues relating to particular types of fundraising such as auctions and solicitation on the internet. For nonprofit managers, development staff and others involved in nonprofit fundraising. |
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| Incorporation, Tax Exemption and Fiscal Sponsorship |
| March 26, 2009 - 6:00 PM to 8:00 PM |
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| Forming a nonprofit organization is among the most satisfying and rewarding challenges that one can undertake – and getting off to the right start can mean the difference between success and failure. This workshop reviews the basic questions regarding the benefits and obligations of incorporation and tax-exempt status, and explains the requirements for qualification as a New York State not-for-profit corporation; the advantages and disadvantages of and procedures for incorporating; the importance of by-laws for any new organization. The workshop also explores the benefits of federal tax-exemption and the process for seeking that recognition, including the requirements of charitable purpose and a charitable class, the need to project specific revenues and expenses, the limitations on lobbying and political activities, and all aspects of the application process. The workshop also reviews alternatives such as fiscal sponsorship arrangements, and outlines registration and reporting requirements of not-for-profit corporations. For those who are interested in forming a nonprofit organization in New York. |
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| Incorporation, Tax Exemption, and Fiscal Sponsorship |
| May 28, 2009 - 9:00 AM to 11:00 AM |
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| See above |
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| Incorporation, Tax Exemption, and Fiscal Sponsorship |
| January 15, 2009 - 9:00 AM to 11:00 AM |
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| See above |
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| Joint Ventures for Housing Organizations |
| April 23, 2009 - 9:30 AM to 12:30 PM |
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| The availability of sites suitable for affordable housing projects is scarcer than ever, and financing those projects is more challenging than it has ever been. As a result, nonprofit organizations are increasingly forming joint ventures to carry out affordable housing projects. In this workshop, we will: (1) describe different legal structures that nonprofits can use to participate in joint ventures (with a particular emphasis on limited partnerships, limited liability companies, subsidiaries, and contractual relationships); (2) identify the advantages and disadvantages of these structures (mainly with respect to shielding the nonprofit from liability, protecting its tax-exempt status, taking advantage of tax benefits, and bringing together the experience, land, and financing needed to carry out the project); and (3) review sample documents. For nonprofit managers and program professionals from organizations that are or plan to become involved in affordable housing development. |
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| Legal Issues for Nonprofits Working with Volunteers and Interns |
| December 3, 2008 - 9:30 AM to 12:30 PM |
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| Nonprofits with missions as diverse as educating young people and assisting the elderly to live with dignity rely on volunteers to staff their programs and deliver services within their limited budgets. This workshop explores the legal issues affecting the use of volunteers, with particular attention to liability issues faced by nonprofits that use volunteers with elderly and young clients. Other topics covered are the use of background checks, use of volunteer agreements and codes of conduct, insurance issues, the distinction between a volunteer and an employee, the payment of stipends to volunteers, and the application of state and federal employment laws to volunteers. For managers, human resources professionals, and volunteer coordinators of nonprofit organizations that use volunteers in any aspect of their work. |
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| Legal Issues Related with City Contracting |
| May 14, 2009 - 9:30 AM to 12:30 PM |
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| The single most common source of revenue for community-based nonprofit groups that are providing services in New York's low-income neighborhoods is funding from government contracts. As more and more vital services are privatized to nonprofit providers, particularly in "performance-based" contracts, the complexity of both the funding agreements and the process by which they are obtained makes it essential to understand the legal requirements. This workshop will examine the legal issues associated with contracting with New York City governmental agencies, including changes to the vendex process; New York City Procurement Procedures; New York State and New York City Procurement Lobbying rules; performance based contracts; and conflict of interest rules. For nonprofit managers and finance professionals from organizations that receive or are seeking funding contracts from New York City or New York State. |
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| Lobbying and Political Activity |
| Not Currently Scheduled |
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| Increasingly, nonprofit groups understand that the success of their missions may involve legislative advocacy, and the empowerment of their communities may require active, nonpartisan participation in the electoral process. Nonprofits' political activities may present a potential source of legal trouble if a nonprofit exceeds the limits on political activity permitted for nonprofit tax-exempt organizations. This workshop focuses on the rules that govern involvement by nonprofits in the political process—both electoral and legislative. The workshop identifies problem areas and clarifies the rules a nonprofit must observe when participating in electoral politics, and will address the extent to which nonprofits can freely participate in the legislative and budgeting processes. The workshop also explains the lobbying laws that apply to procurement of contract funding from New York City and New York State – essential information for any nonprofit that relies on government funding to do its work. For nonprofit managers and others involved in the day-to-day operation of not-for-profit tax-exempt organizations. |
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| Preventing and Responding to Harassment in the Workplace |
| February 11, 2009 - 9:30 AM to 12:30 PM |
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| Protecting your employees and your organization from sexual harassment and other workplace abuse is one of the most important responsibilities of a nonprofit manager. This workshop explains what organization managers can do to recognize and prevent sexual and other forms of harassment in the workplace, and limit your organization's potential liability from those claims. Topics covered include understanding what constitutes harassment, developing and enforcing anti-harassment policies, investigating employee and volunteer complaints, and organizing harassment training for staff. For nonprofit managers and human resources professional. |
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| Revised Form 990 - Preparing for a New World |
| December 5, 2008 - 10:30 AM to 3:30 PM |
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| The IRS has just completed the first substantial redesign of the Form 990, the annual information return nonprofits must file with the IRS, since the form was introduced in 1979. The revised form significantly changes the reporting requirements for many nonprofit organizations. Now, the IRS wants to know in more detail how your organization sets executive compensation and how much it is paying its executives; how it handles potential conflicts of interest; and
whether it has a record retention policy, independent directors and a whistleblower policy. And there is more. This seminar is designed to walk you through all the new requirements so you will be prepared when you have to file the revised form. You will hear from attorneys and a CPA, including individuals who served on a taxpayer advisory group that provided feedback to the IRS while it was redesigning the form. This seminar is designed for executive directors, CFOs, administrative officers, and finance professionals, as well as in-house counsel for not-for-profit organizations.
Click here for more information about this seminar. To register, send an email with your name, contact information, and the date of the seminar you plan to attend to pfizerprobononyc@pfizer.com. |
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| Role of the Board in Corporate Governance |
| March 12, 2009 - 9:30 AM to 12:30 PM |
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| The public expectations of accountability of nonprofit organizations are greater than it has ever been, and nonprofit organizations must pay attention to their corporate governance procedures and structure to be effective. This workshop addresses the role of the Board of Directors in ensuring that a not-for-profit corporation's corporate governance is not only legally adequate, but also consistent with best practices. Specific topics will include fiduciary duties and obligations of directors under federal and state laws, measures that executive managers of nonprofits and their Boards can implement to ensure adequate corporate accountability, including compliance with the Better Business Bureau standards for charitable accountability, procedural aspects of running a Board of Directors and the penalties that can be imposed by the IRS on nonprofit organizations and their managers for engaging in "excess benefit transactions." For nonprofit board members and executive directors. |
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