eConference

2018 Nonprofit Organizations eConference

Contains material from Feb 2018

2018 Nonprofit Organizations eConference
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Don’t miss the 2018 Nonprofit Organizations eConference featuring nationally recognized experts from private foundations, public charities, law, finance, and government discussing the latest tax, legislative and governance issues affecting nonprofit organizations.
 
This eConference offers in-depth discussion on the issues most relevant to your organization or practice. 

Includes: Audio Paper Slides


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1. A View of the Sector (Feb 2018)

Alexander L. Reid, Tomer Inbar

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(mp3)
61 mins
Paper
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9 pgs
(pdf)
17 pgs
Session 1 —61 mins
A View of the Sector (Feb 2018)

An overview of the key trends and legislative and regulatory developments affecting tax-exempt organizations, plus what we can expect on the horizon.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Alexander L. Reid, Morgan, Lewis & Bockius LLP - Washington, DC
Tomer Inbar, Patterson Belknap Webb & Tyler LLP - New York, NY

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2. Disaster Relief: What a Nonprofit Needs to Know When Disaster Hits Your Community (Feb 2018)

Robin Krause, Lori Fey, Stephen D. Maislin

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(mp3)
51 mins
(pdf)
7 pgs
Slides
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2 pgs
Session 2 —51 mins
Disaster Relief: What a Nonprofit Needs to Know When Disaster Hits Your Community (Feb 2018)

Hear an overview of the relevant rules on disaster relief and current IRS guidance and the legal and practical challenges for non-profits providing relief and managing fundraising in the wake of a disaster.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Robin Krause, Patterson Belknap Webb & Tyler LLP - New York, NY
Lori Fey, Rebuild Texas Fund - Austin, TX
Stephen D. Maislin, Greater Houston Community Foundation - Houston, TX

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3. Structuring Private Philanthropy: The Private Foundation and Beyond (Feb 2018)

Bridget M. Weiss

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(mp3)
41 mins
(pdf)
12 pgs
Session 3 —41 mins
Structuring Private Philanthropy: The Private Foundation and Beyond (Feb 2018)

Many donors are looking for the biggest “bang for their buck"; they want to increase the impact of their charitable activities, and they want to change the world, in big or small ways. This may still be done by forming a private foundation and making grants or operating projects. However, there are many more tools available in the tool box, from LLCs, to for-profit joint ventures, to program-related and mission-related investments.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Bridget M. Weiss, Arnold & Porter Kaye Scholer LLP - Washington, DC

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4. Family Offices and Private Foundations: Exploring the Tensions (Feb 2018)

Carolyn O. "Morey" Ward

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(mp3)
46 mins
(pdf)
9 pgs
(pdf)
9 pgs
Session 4 —46 mins
Family Offices and Private Foundations: Exploring the Tensions (Feb 2018)

A discussion of the legal, practical, and financial issues that arise in the family office philanthropy context, including sharing space and people, conflicts of interest, self‑dealing, co‑investing, excess business holdings, and the need to put in place appropriate processes and procedures.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Carolyn O. "Morey" Ward, Ropes & Gray LLP - Washington, DC

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5. Fundraising Trends, Ventures, and Traps for the Unwary (Feb 2018)

Jonathan S. Blum

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(mp3)
45 mins
(pdf)
22 pgs
(pdf)
13 pgs
Session 5 —45 mins
Fundraising Trends, Ventures, and Traps for the Unwary (Feb 2018)

As fundraising evolves, new and old models compete for dollars while facing the scrutiny of state and federal regulatory regimes.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Jonathan S. Blum, Polsinelli PC - Dallas, TX

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6. Planned Giving Techniques and Structures (Feb 2018)

John Sare

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(mp3)
46 mins
(pdf)
18 pgs
Session 6 —46 mins
Planned Giving Techniques and Structures (Feb 2018)

A review of planned giving techniques from the basic to the complex. What should organizations consider when they are thinking of rolling out a planned giving program and managing it?

Originally presented: Jan 2018 Nonprofit Organizations Institute

John Sare, Patterson Belknap Webb & Tyler LLP - New York, NY

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7. A View from the Attorney General’s Office (Feb 2018)

Susan K. Staricka

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(mp3)
46 mins
(pdf)
14 pgs
Session 7 —46 mins
A View from the Attorney General’s Office (Feb 2018)

The Attorney General protects the public’s interest in charitable organizations. Hear topics of interest from the regulator’s perspective.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Susan K. Staricka, Office of the Attorney General - Austin, TX

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8. ​GC/CFO Roundtable: Risk Management Tools to Prepare for the Unexpected (Feb 2018)

Nicola Fuentes Toubia, Katherine Karl, Ellen Taus, Ellen D. Willmott

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(mp3)
62 mins
(pdf)
25 pgs
(pdf)
8 pgs
Session 8 —62 mins
​GC/CFO Roundtable: Risk Management Tools to Prepare for the Unexpected (Feb 2018)

A discussion on the common risk areas for nonprofits and how to mitigate these risks, including ideas to help nonprofits manage unexpected risks, such as natural disasters and embezzlement.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX
Katherine Karl, The Humane Society of the U.S. - Washington, DC
Ellen Taus, The Rockefeller Foundation - New York, NY
Ellen D. Willmott, The Susan G. Komen Breast Cancer Foundation, Inc. - Dallas, TX

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9. Funding Advocacy: A Roadmap for Private Foundations (Feb 2018)

John Pomeranz

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(mp3)
43 mins
(pdf)
10 pgs
Session 9 —43 mins
Funding Advocacy: A Roadmap for Private Foundations (Feb 2018)

Take that “no lobbying” language out of your private foundation grant agreements! Or at least some of them. Explore various ways in which 501(c)(3) private foundations may make grants that support lobbying and other types of advocacy.

Originally presented: Jan 2018 Nonprofit Organizations Institute

John Pomeranz, Harmon, Curran, Spielberg + Eisenberg, LLP - Washington, DC

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10. Funding Individuals and Intermediaries (Feb 2018)

Nishka Chandrasoma

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(mp3)
44 mins
(pdf)
34 pgs
Session 10 —44 mins
Funding Individuals and Intermediaries (Feb 2018)

Hear an overview of the particular concerns for private foundations when making investments in individuals, with a focus on the tax law requirements for individual grant programs, the special rules for grants for travel, study, or other similar purposes, and how to structure individual grant programs that are administered by public charity intermediaries.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Nishka Chandrasoma, Ford Foundation - New York, NY

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11. Donor Advised Funds, Supporting Organizations, and Fiscal Sponsors (Feb 2018)

Andrew Schulz

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(mp3)
46 mins
(pdf)
13 pgs
Session 11 —46 mins
Donor Advised Funds, Supporting Organizations, and Fiscal Sponsors (Feb 2018)

Increasingly, private foundations, corporations, and individuals are working through DAF’s, fiscal sponsors and other intermediaries to increase efficiency, enhance effectiveness, and reduce risk. Explore the various options, how to properly structure them, the compliance advantages of doing so, and common situations where working through intermediaries is common, including international grantmaking, grants to individuals, funder collaboratives, and PRI’s.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Andrew Schulz, Arabella Advisors - Washington, DC

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12. Investing in the Future: Impact Investing by Nonprofit Organizations (Feb 2018)

David A. Levitt, M. Ruth M. Madrigal

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(mp3)
48 mins
(pdf)
14 pgs
Paper
(pdf)
15 pgs
(pdf)
13 pgs
Session 12 —48 mins
Investing in the Future: Impact Investing by Nonprofit Organizations (Feb 2018)

Explore what it means to be an impact investor, including the current state of impact investing by nonprofit organizations. Hear a discussion on the relationship between mission-related and program-related investments, the prudent investor rules applicable to nonprofit organizations under UPMIFA and to charitable trusts under applicable trust law, as well as the extent to which officers and directors may consider the relationship between an investment and a tax-exempt purpose when making investment decisions.

Originally presented: Jan 2018 Nonprofit Organizations Institute

David A. Levitt, Adler & Colvin - San Francisco, CA
M. Ruth M. Madrigal, Steptoe & Johnson LLP - Washington, DC

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13. Faith Based Philanthropy: Churches and Other Religious Organizations (Feb 2018)

Matthew Giuliano, Frank Sommerville

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(mp3)
46 mins
(pdf)
9 pgs
Session 13 —46 mins
Faith Based Philanthropy: Churches and Other Religious Organizations (Feb 2018)

Learn about the qualification requirements for churches, associations of churches, mission societies, integral agencies, and integrated auxiliaries and the special federal tax law provisions that apply to them, including church audit protections and unique rules for religious group exemptions. Discuss faith-based advocacy, from the fate of the “Johnson Amendment,” to ways that religious organizations can participate in affecting policy and legislative change.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Matthew Giuliano, United States Conference of Catholic Bishops - Washington, DC
Frank Sommerville, Weycer Kaplan Pulaski & Zuber, P.C. - Arlington, TX

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14. Avoiding Drama in the 501(c) Family: Managing Relationships Between Charities, Social Welfare Organizations, Labor Unions, and Business Leagues (Feb 2018)

Kimberly M. Eney, Justin J. Lowe

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(mp3)
42 mins
(pdf)
19 pgs
(pdf)
14 pgs
Session 14 —42 mins
Avoiding Drama in the 501(c) Family: Managing Relationships Between Charities, Social Welfare Organizations, Labor Unions, and Business Leagues (Feb 2018)

Understand the exemption requirements of other major types of 501(c) entities, specifically 501(c)(4) social welfare organizations, 501(c)(5) labor unions, and 501(c)(6) business leagues. Discuss how to manage interactions between different types of tax-exempt entities, including grant management, expense allocation, and political and lobbying activities.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Kimberly M. Eney, Morgan, Lewis & Bockius LLP - Washington, DC
Justin J. Lowe, Ernst & Young LLP - Washington, DC

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15. Internal Controls: ​Does One Size Really Fit All? (Feb 2018)

Paula Campbell, Dena Jansen

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(mp3)
45 mins
(pdf)
9 pgs
Session 15 —45 mins
Internal Controls: ​Does One Size Really Fit All? (Feb 2018)

Internal controls are a necessary and essential component of any nonprofit organization’s operations, but should every entity’s processes and procedures fit and feel the same? An auditor and auditee provide their perspectives on what they look for to ensure sound internal controls, including the things that are non-negotiable when it comes to internal controls, as well as how you can keep your internal control system flexible without losing effectiveness or risking reportable internal control deficiencies or audit issues.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Paula Campbell, Goodwill Central Texas - Austin, TX
Dena Jansen, Austin, TX

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16. I Delayed Attending Happy Hour for This? Risk Management and Insurance Recommendations for Non-Profit Organizations  (Feb 2018)

Mark Frederiksen

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(mp3)
39 mins
Slides
(pdf)
4 pgs
Session 16 —39 mins
I Delayed Attending Happy Hour for This? Risk Management and Insurance Recommendations for Non-Profit Organizations  (Feb 2018)

Not all problems are best solved by purchasing insurance, then closing your eyes and crossing your fingers. Discuss the steps of the risk management process (identify, evaluate, mitigate/avoid, transfer) and how to best employ that process into your organization’s overall operations to maximize your mission while helping everyone sleep better at night.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Mark Frederiksen, Frederiksen & Frederiksen - Dallas, TX

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17. Texas Nonprofits in the Public Forum and Legislative Process (Feb 2018)

Richard W. Meyer, Ross Ramsey

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(mp3)
41 mins
(pdf)
9 pgs
Session 17 —41 mins
Texas Nonprofits in the Public Forum and Legislative Process (Feb 2018)

Texas nonprofits of all sizes and varieties have become more active in the public forum and in the legislative process to advance their missions and the interests of their constituents. How effective are these activities and how does the “nonprofit sector” rank among the other special interest groups that occupy the policy and political landscape?

Originally presented: Jan 2018 Nonprofit Organizations Institute

Richard W. Meyer, Attorney at Law - Austin, TX
Ross Ramsey, The Texas Tribune - Austin, TX

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18. Year in Review (Feb 2018)

Bruce R. Hopkins

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(mp3)
57 mins
(pdf)
65 pgs
Session 18 —57 mins
Year in Review (Feb 2018)

Review current developments in the federal tax law, including recently passed and pending legislation, regulations, IRS rulings, and court opinions. Focus on the TE/GE fiscal year 2017 work plan, qualification for tax exemption, application for recognition processes and recent litigation, public charity status in general, supporting organizations, donor-advised funds, endowments, the commerciality doctrine, private foundation rules, governance, private inurement and private benefit, legislative and political campaign activity, unrelated business, joint ventures, charitable giving, and recent audits of the IRS by the General Accountability Office.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Bruce R. Hopkins, Bruce R. Hopkins Law Firm - Kansas City, MO

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19. Creative Commons, Open Source, and the IP All Around Us (Feb 2018)

Edward A. Cavazos

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Audio
(mp3)
26 mins
(pdf)
20 pgs
Session 19 —26 mins
Creative Commons, Open Source, and the IP All Around Us (Feb 2018)

Intellectual property rights are constantly evolving and there are a number of key concepts that are important to understand when advising a nonprofit. Examine recent trends including open source and creative common licensing, fair use, and similar issues. 

Originally presented: Jan 2018 Nonprofit Organizations Institute

Edward A. Cavazos, Pillsbury Winthrop Shaw Pittman LLP - Austin, TX

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20. Keeping an Eye on Privacy and Data Protection Risks (Feb 2018)

Wendell J. Bartnick

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(mp3)
47 mins
(pdf)
17 pgs
(pdf)
13 pgs
Session 20 —47 mins
Keeping an Eye on Privacy and Data Protection Risks (Feb 2018)

Gain practical tips for reducing the data privacy and protection risks faced by nonprofits.  

Originally presented: Jan 2018 Nonprofit Organizations Institute

Wendell J. Bartnick, Reed Smith LLP - Houston, TX

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21. Outcome Based Philanthropy: Thinking About and Measuring Impact in an Increasingly Complex World and Why It Matters (Feb 2018)

Karen M. Halazon

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(mp3)
45 mins
(pdf)
10 pgs
Paper
(pdf)
9 pgs
(pdf)
15 pgs
Session 21 —45 mins
Outcome Based Philanthropy: Thinking About and Measuring Impact in an Increasingly Complex World and Why It Matters (Feb 2018)

Learn strategies for incentivizing grantees and other partners against a shared set of programmatic objectives through outcome-based funding and agreement terms, and the related tax implications.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Karen M. Halazon, Bill & Melinda Gates Foundation - Seattle, WA

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22. The Risks and Rewards of Social Media (Feb 2018)

Edward T. Chaney, Dulari Gandhi

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(mp3)
44 mins
(pdf)
9 pgs
(pdf)
10 pgs
Session 22 —44 mins
The Risks and Rewards of Social Media (Feb 2018)

Explore which social media tools and channels might be right for your organization, the communication and legal risks inherent in social media usage, and helpful strategies to mitigate those risks.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Edward T. Chaney, Schell Bray PLLC - Chapel Hill, NC
Dulari Gandhi, Michael & Susan Dell Foundation - Austin, TX

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23. Taking Cybersecurity Seriously (Feb 2018)

John E. Ansbach

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(mp3)
50 mins
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51 pgs
Session 23 —50 mins
Taking Cybersecurity Seriously (Feb 2018)

Nonprofit organizations of all sizes have sensitive information that needs to be protected—and increasingly, organizations need to be ready to respond when (not if) a data breach occurs. In this session, attendees learn about the most recent cyber threats they face, the costs associated with those threats, and what they can do to help protect their organizations in an increasingly insecure landscape.

Originally presented: Jan 2018 Nonprofit Organizations Institute

John E. Ansbach, Stroz Friedberg - Dallas, TX

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24. My Employee Did What?: Identifying and Mitigating Employment Risk (Feb 2018)

Michael J. Golden

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(mp3)
59 mins
(pdf)
16 pgs
(pdf)
22 pgs
Session 24 —59 mins
My Employee Did What?: Identifying and Mitigating Employment Risk (Feb 2018)

An ounce of prevention is worth a pound of cure but some employee issues simply can’t be prevented. Learn how an employer can put itself in the best position to respond to the unexpected employee emergency, including identifying employment risk, mitigation tools and strategies, managing an employment-related investigation, having the right policies and procedures in place, and preparing and using a crisis checklist.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

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25. Putting Things Together: Subsidiaries, Complex Organizational Structures, Joint Ventures, and Joint Funding Vehicles (Feb 2018)

John F. Crawford, Darren B. Moore

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(mp3)
46 mins
(pdf)
27 pgs
(pdf)
17 pgs
Session 25 —46 mins
Putting Things Together: Subsidiaries, Complex Organizational Structures, Joint Ventures, and Joint Funding Vehicles (Feb 2018)

Whether scaling to increase greater impact, engaging in joint ventures or collaborative efforts with others, or needing to address unrelated business income or risk to exemption, charities often find themselves looking to structure their operations through subsidiaries, affiliates, and other joint venture vehicles. Review the entities available while taking a closer look at questions to consider in choosing the best option providing examples of different structures.

Originally presented: Jan 2018 Nonprofit Organizations Institute

John F. Crawford, Ernst & Young LLP - Chicago, IL
Darren B. Moore, Bourland, Wall & Wenzel, P.C. - Fort Worth, TX

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26. Taking Things Apart: Unwinding Organizations, Ventures, and Collaborations (Feb 2018)

Diara M. Holmes, John Tyler

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(mp3)
45 mins
(pdf)
16 pgs
(pdf)
10 pgs
Session 26 —45 mins
Taking Things Apart: Unwinding Organizations, Ventures, and Collaborations (Feb 2018)

There are any number of reasons why efforts and enterprises come to an end. Then they need to be transitioned, transferred, merged into something else, spun out, or shut down entirely. Sometimes the end is precisely that, while other times it is a new beginning. Explore the key legal and practical issues to be addressed on this part of the journey, including tax, governance, creditors, employment, intellectual property, disposing of assets, and more. Consider who should address those issues and how.

Originally presented: Jan 2018 Nonprofit Organizations Institute

Diara M. Holmes, Loeb & Loeb - Washington, DC
John Tyler, Ewing Marion Kauffman Foundation - Kansas City, MO

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27. Form 990: The Naughty and The Nice (Feb 2018)

Jody Blazek, Mimi Holt, Catherine E. Livingston

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(mp3)
94 mins
Paper
(pdf)
12 pgs
Paper
(pdf)
8 pgs
Paper
(pdf)
1 pgs
(pdf)
19 pgs
Session 27 —94 mins
Form 990: The Naughty and The Nice (Feb 2018)

What can be the good and bad consequences for your organization of having its Form 990 publicly available and making audited financials available to funders who request them? Walk through the documents and hear from multiple perspectives on the key things that either worry or reassure them. What are “hot buttons” in Form 990 and audited financials that are likely to attract negative attention? What are signs of sound governance and compliance? What can a nonprofit do to present the best picture of itself?

Originally presented: Jan 2018 Nonprofit Organizations Institute

Jody Blazek, Blazek & Vetterling - Houston, TX
Mimi Holt, Blazek & Vetterling - Houston, TX
Catherine E. Livingston, Jones Day - Washington, DC