University of Texas School of Law

eCourse

Answer Bar: How to Protect Your Nonprofit

Contains material from Jan 2017 to Feb 2019

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Session 1: Back to Basics: Exemption Fundamentals - An overview of exemption under 501(c), and primarily 501(c)(3), examining what it means to be nonprofit and charitable, the organizational and operational tests, private benefit and private inurement, private foundations and public charities, unrelated business income, lobbying and political campaign activities, procedural matters, and more.

Session 2: Back to Basics: Revenue Generating Activities and Tax Compliance An overview of revenue-generating activities, including how to distinguish between related and unrelated activities, taxable and nontaxable unrelated activities, and how to structure activities for the result that the organization wants. Also a (quick) look at whether and when unrelated business taxable income (UBTI) is a “bad thing” and what to do about it if it is becoming a problem.

Session 3: Governance Literacy - Governance at nonprofit organizations is often not a priority until something goes wrong. Gain practical tips to help board and staff members avoid problems, and review governance topics including fiduciary duties, governing documents, policies, procedures, and the roles of the board, officers, committees, and staff members.

Session 4: Violations of Chapter 42: How to Identify, Correct, and Report While Minimizing Audit Risks - Focus on the Chapter 42 excise tax regime applicable to private foundations and the strategic and compliance issues and considerations relating to identifying, managing, reporting, and correcting such transactions.

Session 5: Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment Gain tools and ideas to avoid self-dealing penalties for private foundations. The code provision has some flexibility and exceptions for compensation, co-investing, and family offices, but once an impermissible deal occurs, the cash or property involved must be returned and the penalty cannot be abated. Reasonable cause concepts don’t apply!

Session 6: The Sky is Not Falling: Tools for Managing Risk - A discussion on understanding, planning for, managing, and funding risk by focusing on practical tools public charities can use.

Session 7: Anatomy of an Attorney General Investigation - Explore the various aspects of an investigation of a charitable organization by the Texas Attorney General’s Office. Learn how and why an investigation may be initiated, what to anticipate as part of the investigative process, the potential consequences of an investigation, and best practices for dealing with an investigation.

Session 8: Funding Advocacy: A Roadmap for Private Foundations 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.

Session 9: Top Privacy Issues for Nonprofits - Just a few years ago, companies considered information security and privacy issues to be a matter left solely for the IT department. But today, for-profit and nonprofit Boards and Executive Directors are realizing that the responsibility to protect consumer and donor data is shared across the enterprise. Learn about the trending privacy laws that all nonprofits should know about and best practices for how to comply.

Session 10: Investigations in Today's Woke Workplace - A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.
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Total Credit Hours:
9.75 | 1.25 ethics     Credit Info

TX MCLE credit expires: 2/29/2020

Includes: Audio Paper Slides

$355  

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Credit Hours
1. Back to Basics: Exemption Fundamentals (Feb 2019)

Jeffrey E. Sher

1.00 0.00 0.00 1.00  

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Audio (mp3) 61 mins
Paper (pdf) 32 pgs
Slides (pdf) 23 pgs

SESSION 1 — 61 mins, credit 1.00

Session 1:

Back to Basics: Exemption Fundamentals (Feb 2019)

An overview of exemption under 501(c), and primarily 501(c)(3), examining what it means to be nonprofit and charitable, the organizational and operational tests, private benefit and private inurement, private foundations and public charities, unrelated business income, lobbying and political campaign activities, procedural matters, and more.

Originally presented at: Jan 2019 Nonprofit Organizations Back to Basics Workshop

Jeffrey E. Sher, Fizer Beck - Houston, TX

2. Back to Basics: Revenue Generating Activities and Tax Compliance (Feb 2019)

Michaela J. Cromar

1.00 0.00 0.00 1.00  

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for offline use.

Audio (mp3) 60 mins
Slides (pdf) 23 pgs

SESSION 2 — 60 mins, credit 1.00

Session 2:

Back to Basics: Revenue Generating Activities and Tax Compliance (Feb 2019)

An overview of revenue-generating activities, including how to distinguish between related and unrelated activities, taxable and nontaxable unrelated activities, and how to structure activities for the result that the organization wants. Also a (quick) look at whether and when unrelated business taxable income (UBTI) is a “bad thing” and what to do about it if it is becoming a problem. 

Originally presented at: Jan 2019 Nonprofit Organizations Back to Basics Workshop

Michaela J. Cromar, CliftonLarsonAllen LLP - Fort Worth, TX

3. Governance Literacy (Feb 2018)

Meredith S. Camp

1.00 0.00 0.00 1.00  

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for offline use.

Audio (mp3) 61 mins
Slides (pdf) 29 pgs

SESSION 3 — 61 mins, credit 1.00

Session 3:

Governance Literacy (Feb 2018)

Governance at nonprofit organizations is often not a priority until something goes wrong. Gain practical tips to help board and staff members avoid problems, and review governance topics including fiduciary duties, governing documents, policies, procedures, and the roles of the board, officers, committees, and staff members.

Originally presented at: Jan 2018 Nonprofit Organizations Literacy Workshop

Meredith S. Camp, Wells Fargo Bank - Dallas, TX

4. Violations of Chapter 42: How to Identify, Correct, and Report While Minimizing Audit Risks   (Feb 2019)

Tomer Inbar, Michelle Michalowski

1.75 0.00 0.00 1.75  

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for offline use.

Audio (mp3) 98 mins
Paper (pdf) 35 pgs
Slides (pdf) 13 pgs

SESSION 4 — 98 mins, credit 1.75

Session 4:

Violations of Chapter 42: How to Identify, Correct, and Report While Minimizing Audit Risks   (Feb 2019)

Focus on the Chapter 42 excise tax regime applicable to private foundations and the strategic and compliance issues and considerations relating to identifying, managing, reporting, and correcting such transactions.

Originally presented at: Jan 2019 Nonprofit Organizations Institute

Tomer Inbar, Patterson Belknap Webb & Tyler LLP - New York, NY
Michelle Michalowski, PwC - Washington, DC

5. Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment (Feb 2019)

Jody Blazek, Nishka Chandrasoma

0.75 0.00 0.00 0.75  

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for offline use.

Audio (mp3) 42 mins
Slides (pdf) 11 pgs

SESSION 5 — 42 mins, credit 0.75

Session 5:

Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment (Feb 2019)

Gain tools and ideas to avoid self-dealing penalties for private foundations. The code provision has some flexibility and exceptions for compensation, co-investing, and family offices, but once an impermissible deal occurs, the cash or property involved must be returned and the penalty cannot be abated. Reasonable cause concepts don’t apply!  

Originally presented at: Jan 2019 Nonprofit Organizations Institute

Jody Blazek, Blazek & Vetterling - Houston, TX
Nishka Chandrasoma, Ford Foundation - New York, NY

6. The Sky is Not Falling: Tools for Managing Risk (Feb 2019)

Katherine Karl, Nicola Fuentes Toubia

0.75 0.00 0.00 0.75  

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Audio (mp3) 45 mins
Paper (pdf) 25 pgs
Slides (pdf) 11 pgs

SESSION 6 — 45 mins, credit 0.75

Session 6:

The Sky is Not Falling: Tools for Managing Risk (Feb 2019)

A discussion on understanding, planning for, managing, and funding risk by focusing on practical tools public charities can use.

Originally presented at: Jan 2019 Nonprofit Organizations Institute

Katherine Karl, The Humane Society of the United States - Washington, DC
Nicola Fuentes Toubia, Fuentes Toubia, PLLC - Houston, TX

7. Anatomy of an Attorney General Investigation (Jan 2017)

David M. Rosenberg, Susan K. Staricka, C. Andrew Weber

1.00 0.25 0.00 1.00 | 0.25 ethics  

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for offline use.

Audio (mp3) 57 mins
Paper (pdf) 30 pgs

SESSION 7 — 57 mins, credit 1.00 | 0.25 ethics

Session 7:

Anatomy of an Attorney General Investigation (Jan 2017)

Explore the various aspects of an investigation of a charitable organization by the Texas Attorney General’s Office. Learn how and why an investigation may be initiated, what to anticipate as part of the investigative process, the potential consequences of an investigation, and best practices for dealing with an investigation.

Originally presented at: Jan 2017 Nonprofit Organizations Compliance and Internal Review Workshop

David M. Rosenberg, Thompson & Knight LLP - Dallas, TX
Susan K. Staricka, Office of the Attorney General - Austin, TX
C. Andrew Weber, Kelly Hart & Hallman LLP - Austin, TX

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

John Pomeranz

0.75 0.00 0.00 0.75  

Preview Session Materials

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for offline use.

Audio (mp3) 43 mins
Slides (pdf) 10 pgs

SESSION 8 — 43 mins, credit 0.75

Session 8:

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 at: Jan 2018 Nonprofit Organizations Institute

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

9. Top Privacy Issues for Nonprofits (Feb 2019)

Elizabeth A. Rogers

0.75 0.00 0.00 0.75  

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You may download session materials
for offline use.

Audio (mp3) 52 mins
Slides (pdf) 21 pgs

SESSION 9 — 52 mins, credit 0.75

Session 9:

Top Privacy Issues for Nonprofits (Feb 2019)

Just a few years ago, companies considered information security and privacy issues to be a matter left solely for the IT department. But today, for-profit and nonprofit Boards and Executive Directors are realizing that the responsibility to protect consumer and donor data is shared across the enterprise. Learn about the trending privacy laws that all nonprofits should know about and best practices for how to comply.

Originally presented at: Jan 2019 Nonprofit Organizations Institute

Elizabeth A. Rogers, Michael Best & Friedrich LLP - Austin, TX

10. Investigations in Today's Woke Workplace (Feb 2019)

DeDe Church

1.00 1.00 0.00 1.00 | 1.00 ethics  

Preview Session Materials

You may download session materials
for offline use.

Audio (mp3) 59 mins
Slides (pdf) 21 pgs

SESSION 10 — 59 mins, credit 1.00 | 1.00 ethics

Session 10:

Investigations in Today's Woke Workplace (Feb 2019)

A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.

Originally presented at: Jan 2019 Nonprofit Organizations Institute

DeDe Church, DeDe Church & Associates, LLC - Austin, TX