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PODCAST

EO Radio Show

Farella Braun + Martel

Welcome to EO Radio Show, Your Nonprofit Legal Resource, brought to you by the Exempt Organizations Group at Farella Braun + Martel. My name is Cynthia Rowland. I"m a business and tax partner at Farella with more than 30 years of experience advising clients on non-profit and charity law. I help philanthropists, including private individuals as well as for-profit and nonprofit organizations, who wish to make the world a better place. Through this podcast, our lawyers and guests will discuss a

business non-profit

All Episodes

22:10

044: Charitable Bequests With Stephanie Hood

EO Radio Show ·

2023/06/26

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm delighted to have as my guest Stephanie Hood, my colleague here at Farella Braun + Martel, and a member of our top-notch estate planning practice. Our charity clients often come to us with a request to help a major donor think about a special gift to the charity, and sometimes we also get pulled in to help the charity when there are glitches in the trust or will after the donor has passed. And, of course, many of our philanthropic clients

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20:02

043: Nonprofit Quick Tip: State Filings in Washington...

EO Radio Show ·

2023/06/12

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the third in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. In episode 38, we talked about filing in California and Delaware, which are the most frequently used by our clients - most of whom have a connection with California. Episode 40 focused on the state filings in Arizona and Nevada. Today with the help of Joe Hilliard again, we will talk about the

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11:01

042: Nonprofit Basics: Meeting Minutes Best Practices

EO Radio Show ·

2023/05/22

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on documenting decisions made at meetings of a nonprofit organization's board of directors or trustees. While everyone who attends a board meeting should keep their own notes—and those notes can follow any style and can focus on the recording person's understanding of what transpired—it is the meeting minutes as ultimately approved by the board that serve as the legal record of the decisions of the governing body. Since

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10:52

041: Nonprofit Basics: Federal Tax Filing Deadlines...

EO Radio Show ·

2023/05/17

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on the importance of meeting the federal tax filing deadlines that apply to charitable organizations. Most charitable organizations that are exempt from income tax are required to file a federal return on the 15th day of the fifth month after the close of their fiscal year. So for nonprofits that use the calendar year for accounting purposes, that is May 15. If you haven’t filed yet, don’t despair. Filing for an extension

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22:18

040: Nonprofit Quick Tip: Nevada and Arizona...

EO Radio Show ·

2023/05/08

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the second in our series of quick tip episodes starting with the details of state registrations of nonprofit corporations. In episode 38, we talked about filing in Delaware and California, which are the most frequently used by our clients—most of whom have a connection with California. Many also carry out activities in Nevada and Arizona. With the help of Joe Hilliard today, we'll talk about the basic filing requirements for

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26:59

039: Hot Topic: Key Issues for Nonprofit Creditors...

EO Radio Show ·

2023/05/02

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, we cover important issues for nonprofits dealing with distressed businesses, such as their landlords or tenants, other kinds of contract counterparties, and, recently, banking institutions or financial institutions. We’ll talk a little about warning signs to watch for, some ideas for managing the situation when a party seems to be facing financial distress that affects their ability to perform, and when to call a lawyer for

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30:56

038: Nonprofit Quick Tips: Secretary of State Filings...

EO Radio Show ·

2023/04/24

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This week, we launch a series of quick tip episodes, starting with the details of state registration of nonprofit corporations. With the help of our crackerjack paralegal, Joe Hilliard, we tackle the basic filing mechanics for nonprofit corporations starting with Delaware and California today. We will work our way through the other states in future episodes. Resources: For Delaware: Delaware Secretary of State website Delaware's current

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17:41

037: Are You Ready? Steps for Launching a New...

EO Radio Show ·

2023/04/17

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode focuses on the key questions to ask when a founder has that fire in the belly and is ready to create a new charity as an independent charitable entity. I'll outline the key steps and the timeline for launching the charity as a nonprofit corporation. And I'll walk listeners through the initial decisions that should be made before setting the process in motion. Resources: EO Radio Show Episode 1: Nonprofit Basics: Overview of

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23:10

036: How Nonprofits Can Use New Markets Tax Credits...

EO Radio Show ·

2023/04/03

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This week, I am delighted to cover a niche topic and a special structure that allows certain nonprofits to have an outsize impact on improving their communities: New Markets Tax Credit deals. These deal structures take advantage of a special tax credit for US taxpayers that invest in the enterprise. Here to talk us through the why, when, and how of using these tax credits is Farella partner Julie Treppa. Julie is particularly experienced in

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10:35

035: Hot Topic: UPMIFA in the Context of Financial...

EO Radio Show ·

2023/03/27

Welcome to EO Radio Show – Your Nonprofit Legal Resource. A really hot topic this week is the duty of care for directors and trustees of charities in a time of volatility in the investment markets in general, and turmoil, or even fear of turmoil in their banking institutions. I’m not an investment advisor, and I can’t and don’t tell my clients where they should bank or what they should invest in. I can tell them the standard of care that they are held to in their roles as directors or trustees of a

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19:04

034: Nonprofit Basics: Best Practices for Approving...

EO Radio Show ·

2023/03/20

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, we'll look closely at best practices for approving insider compensation decisions made by public charities and private foundations. In episode 32, I gave a general overview of the federal laws regulating the transaction of business between a tax-exempt organization and its insiders. Insiders include directors, trustees, certain

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19:09

033: Nonprofit Basics: Conflict of Interest Policies...

EO Radio Show ·

2023/03/13

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws regulating the transaction of business between a nonprofit and its insiders, which includes directors, trustees, certain executives, substantial contributors, and entities controlled by directors or substantial contributors and their family members. Today, I take a deeper dive into conflict of interest policies

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17:51

032: Nonprofit Basics: Insider Transactions and...

EO Radio Show ·

2023/03/06

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This is the first in a series of episodes covering the federal and state laws that apply to business transactions between a nonprofit and its insiders such as directors, executives, substantial contributors, and entities controlled by them. In this episode, I provide a general overview of the federal laws. I talk about the rules that cover financial transactions that nonprofit directors, trustees, and executives should address carefully

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19:22

031: Nonprofit Basics: Set-Asides As Qualifying...

EO Radio Show ·

2023/02/27

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, I expand on an important concept that often comes up for private foundations when addressing the rules that require use of a minimum amount each year for charitable purposes. This is known in the industry as the minimum distribution requirement. In the last episode, I talked about the general rules for computing a foundation’s distributable amount for the year, which is equal to the foundation’s minimum investment return with

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17:34

030: Nonprofit Basics: Private Foundation Minimum...

EO Radio Show ·

2023/02/13

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Private foundations are required to spend a minimum amount each year for charitable purposes, which is known in the industry as the minimum distribution requirement. Like all other private foundation rules, there are a lot of exceptions and special rules. I’m not going to cover all the rules exhaustively in this episode, but listen in for an overview of the rules and resources for learning more about the topic. Resources: Compliance Guide for

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17:27

029: Nonprofit Basics: What You Need To Know About...

EO Radio Show ·

2023/02/06

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Have you ever heard the phrase, “you’ll have to exercise expenditure responsibility as a condition for giving or receiving a grant,” and then decided to just go do something else? It’s too hard, too complicated, gets IRS scrutiny, just too scary. Expenditure responsibility, or “ER” as the foundation world refers to it, won’t send you to the ER but it can be bewildering and confusing until you’ve been on the giving or receiving end a few

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32:18

028: California's New Pay Transparency Law

EO Radio Show ·

2023/01/31

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Every January brings a slew of new laws that take effect at the federal and state level, and it seems that there are always new laws that affect the employer-employee relationship. Our legal topic for today covers the new pay transparency law that applies to California employers. Even if you are not in California, these rules may be of interest since the Golden State often leads the nation on the legal front. Join me for a great conversation

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32:07

027: Privacy Policy Best Practices for Nonprofits

EO Radio Show ·

2023/01/23

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I’m happy to have my colleague Nate Garhart back for a discussion on privacy laws and how they affect website content development, as well as online activities by nonprofits. We’ll start our conversation with some basic background on when a nonprofit needs a privacy policy on its website and how to think about what should be posted on the website, and where. Resources and notes: Nate Garhart bio Farella Privacy Blog General Data Protection

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35:10

026: Nonprofit Websites and Terms of Use - Best...

EO Radio Show ·

2023/01/09

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Happy New Year, everyone! Today I talk with Farella’s Nate Garhart about websites and terms of use and the legal concepts relevant to nonprofits that have interactive websites. We’ll cover best practices as well as common pitfalls to avoid. Resources: EO Radio Show #20: Copyright Issues for Nonprofits US Copyright Office Nate Garhart bio Farella Privacy Blog If you have suggestions for topics you would like us to discuss, please email us

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08:07

025: Nonprofit Basics: Year-End Thoughts and New Year...

EO Radio Show ·

2022/12/12

Welcome to EO Radio Show – Your Nonprofit Legal Resource. As the year comes to a close, I thought it would be a good time to take a few moments to chat about important annual responsibilities. And to check in on other housekeeping that busy nonprofits sometimes overlook and that could be a good start for nonprofit leaders to put on their list of things to do in 2023. Resources: IRS Links: About Form 990 FAQs re Forms W-2 and 1099 NEC California Forms and Links: Franchise Tax Board Form 199 Annual

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