EO Radio Show

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 123 of EO Radio Show. In today's episode, I welcome back Jennifer Nelson, a Senior Wealth Manager with BNY Mellon. Jennifer and I recorded this episode on Friday, May 9, 2025, and this episode posts on Monday, May 19. The investment world looks quite a bit different today than it did in May of 2024 when Jennifer and I recorded a general investment policy planning episode—and it's even a bit different than just 10 days ago, with the public securities markets continuing to swing up and down, but not quite as dramatically as in early April. When we recorded 10 days ago, Jennifer remarked on the state of the market volatility at the time. While this past week has been a bit calmer, we've also seen new surprises. A major new tax bill came out of Congress, with some potentially dramatic tax implications for foundation endowments—another new factor for investment committees to take into account. And more international talks and agreements developed, with the on-again, off-again tariffs and perhaps stabilizing international agreements on the horizon. Jennifer's remarks provide insights for investment committees and board members during these turbulent times. I hope you'll find some useful tips in today's episode. Show Notes:  Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel Jennifer Nelson, CFP, Senior Wealth Manasger, BNY Mellon Wealth Management BNY Mellon Wealth Management Insights EO Radio Show YouTube Playlists: Nonprofit Basics, Nonprofit Governance, Hot Topics Prudent Management of Institutional Funds Act “UPMIFA, Three Years Later: What's a Prudent Director To Do?” ABA Business Law Today, Volume 18 No. 6 (July/August 2009), Cynthia R. Rowland EO Radio Show EP #16: Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors EO Radio Show #35: Hot Topic: UPMIFA in the Context of Financial System Instability Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 122 of EO Radio Show. This episode on federal tax filing deadlines and penalties was first released in May of 2023. It focuses on the importance of meeting the federal tax filing deadlines that apply to charitable organizations. Most charities exempt from income tax are required to file a federal information return on the 15th day of the fifth month after the close of their fiscal year. For nonprofits that use the calendar year for accounting purposes, that's May 15th. If you haven't filed yet, don't despair. You've got a little bit of time. In this episode, I'll also touch on the penalties that can apply if your organization fails to meet these filing requirement deadlines. So listen in for more information about this important topic. Show Notes: Form 990, Return of Organization Exempt from Income Tax Form 990-EZ, Short Form Return of Organization Exempt from Income Tax See Filing Phase-In for more information about which return to file Form 990-N (e-Postcard), Annual Electronic Filing Requirement for Small Exempt Organizations Form 8868 Tax Relief in Disaster Situations Disaster Assistance and Emergency Relief for Individuals and Businesses Revenue Procedure 2014-11 explains the four procedures an organization may use to apply for reinstatement If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today I'm joined by David Sacarelos, a principal at Baker Tilly. We do a deep dive into the penalties under the Internal Revenue Code sections that apply to insider transactions involving private foundations. Using a recently issued IRS Chief Counsel memorandum, we look at the circumstances of loans by a private foundation that led to significant penalties for indirect self-dealing and jeopardizing investments. Show Notes: Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel David M. Sacarelos, CPA, CGMA, Principal, Baker Tilly US, LLP Chief Counsel Memo 202504014 IRS Form 4720   EO Radio Show #117: REFRESH Nonprofit Basics: Insider Transactions and Nonprofits Farella YouTube podcast channel Clarifying Notes: (17:06) The $20,000 maximum first-tier tax imposed on foundation managers is not indexed for inflation. (20:59) Per Rev. Ruling 78-76, a private foundation trustee was determined to have participated in a self-dealing transaction both as a disqualified person and as a foundation manager. Consequently, he was found liable for both the tax imposed on self-dealing under IRC Sec. 4941(a) and the tax imposed on foundation managers under IRC Sec. 4941(a)(2). Depending on the facts and circumstances, it is possible to be taxed both as foundation manager and as a disqualified person. If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 120 is the 20th episode in a series of quick tips episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, we look at the basic state filing requirements for nonprofit corporations operating in Virginia and West Virginia. In previous episodes, we talked about filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection to California. Other episodes have focused on state filings in Nevada, Arizona, Washington State, Oregon, Alaska, Hawaii, New York and New Jersey, Massachusetts, Connecticut, Maine, Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky, Tennessee, Oklahoma, Texas, New Mexico, Utah, Colorado, Wyoming, Washington, D.C., Michigan, Ohio, Illinois, and Indiana. We've also discussed Wisconsin, Minnesota, North Dakota, and South Dakota. You can find all previous episodes on our website or the Farella YouTube channel, where a playlist specifically dedicated to state filing requirements is available. We'll work our way through the rest of the states in future episodes. Show Notes: Farella YouTube podcast channel Virginia: Virginia State Corporation Commission Business Services Home Page: https://www.scc.virginia.gov/businesses/ Virginia Current Entity Search: https://cis.scc.virginia.gov/EntitySearch/Index Virginia Nonstock Corporation Forms and Fees FAQ: https://www.scc.virginia.gov/businesses/forms-and-fees/virginia-nonstock-corporations/ Virginia Articles of Incorporation for a Virginia Nonstock Corporation: https://www.scc.virginia.gov/media/sccvirginiagov-home/business-home/start-a-new-business/business-types/scc819.pdf Virginia Nonstock Guide (PDF): https://www.scc.virginia.gov/media/sccvirginiagov-home/business-home/forms-and-fees/virginia-nonstock-corporations/nptoolkit-(1).pdf Virginia Expedited Fees FAQ: https://www.scc.virginia.gov/businesses/about-the-clerks-office/expedited-services/ Virginia Annual Report Filing FAQ: https://www.scc.virginia.gov/businesses/business-faqs/clerks-annual-reports/ Virginia Annual Registration Filing FAQ: https://www.scc.virginia.gov/businesses/business-faqs/annual-registration-fees/ Virginia Department of Agricultural and Consumer Services Charitable Organizations website: https://www.vdacs.virginia.gov/food-charitable-solicitation.shtml Virginia Department of Agricultural and Consumer Services Charitable Organizations FAQ: https://www.vdacs.virginia.gov/pdf/charitablesolicitationsfaqs.pdf Virginia Department of Taxation Nonprofit Organizations FAQ: https://www.tax.virginia.gov/nonprofit-organizations Virginia Department of Taxation Application Portal: https://www.npo.tax.virginia.gov/VTOL_External_Entity/NPOLogin.xhtml West Virginia: West Virginia Secretary of State Business Division Home Page: https://sos.wv.gov/business/Pages/default.aspx West Virginia Secretary of State's current entity database: https://apps.wv.gov/sos/businessentitysearch/ West Virginia Secretary of State Forms Page: https://sos.wv.gov/Forms/Pages/default.aspx West Virginia Nonprofit Articles of Incorporation: https://sos.wv.gov/FormSearch/Business/Corporation/cd-1np.pdf West Virginia Out-of-State Registration FAQ: https://sos.wv.gov/business/Pages/RegOutStateBus.aspx West Virginia Foreign Application for Certificate of Authority: https://sos.wv.gov/FormSearch/Business/Corporation/cf-1.pdf West Virginia Secretary of State Expedite Services FAQ: https://sos.wv.gov/business/Pages/ExpediteService.aspx West Virginia Annual Report FAQ: https://business4.wv.gov/operatemybusiness/Pages/Annual-Reporting.aspx West Virginia Secretary of State Charitable Organizations Home Page: https://sos.wv.gov/business/Pages/Charities.aspx West Virginia Secretary of State Charitable Organizations FAQ: https://sos.wv.gov/business/Pages/CharityFAQ.aspx West Virginia Tax Division Home Page:  https://tax.wv.gov/Business/SalesAndUseTax/Pages/SalesAndUseTax.aspx West Virginia Tax Division Nonprofit Tax Exemption FAQ: https://tax.wv.gov/documents/tsd/tsd320.pdf West Virginia Nonprofit Association index of helpful websites: https://wvnpa.org/starting-a-nonprofit/ West Virginia Nonprofit Association Checklist: https://wvnpa.org/content/uploads/nonprofit-start-up-checklist-a.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and in today's episode, I welcome back Dale Schroeder and Anneke Niemira from NewEdge Wealth to talk about charitable remainder trusts. Last week, we discussed charitable lead trusts and split-interest trusts in general. In this episode, Dale, Anneke, and I take a deep dive into the world of charitable remainder trusts, focusing on their technical issues and traps for the unwary. Show Notes: Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel NewEdge Wealth Anneke Niemira, Managing Director, Senior Wealth Strategist, NewEdge Wealth Dale Schroeder, Managing Director, NewEdge Wealth EO Radio Show #118: Charitable Split-Interest Trust Planning With Dale Schroeder and Anneke Niemira - Part One Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.  

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In today's episode, my guests are Dale Schroeder and Anneke Niemira with NewEdge Wealth, and our topic is charitable split-interest trusts. These come in four varieties: charitable lead annuity and unitrusts and charitable remainder annuity and unitrusts, known affectionately as CLATs and CLUTs, and CRATs and CRUTs, which are also further defined sometimes as NI-CRUTs, NIM-CRUTs, and Flip-CRUTs. That's a lot of acronyms. While the technical details are quite a lot to get one's head around, understanding the big idea for each and where each can fit into the investment planning is quite an accessible topic. In this episode, we talk about the big-picture understanding of these planning opportunities for philanthropists and the types of situations where lead trusts make a lot of sense. In next week's episode, Dale, Anneke, and I will dive deeper into the world of charitable remainder trusts and their technical issues and traps for the unwary. Show Notes: Farella YouTube podcast channel Cynthia Rowland, Podcast Host, Partner, Farella Braun + Martel NewEdge Wealth Anneke Niemira, Managing Director, Senior Wealth Strategist, NewEdge Wealth Dale Schroeder, Managing Director, NewEdge Wealth If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 117 of EO Radio Show. This episode is a "refresh" of episode 32, recorded in March 2023. It covers the Internal Revenue Code sections pertinent to business transactions between a nonprofit and its insiders, such as directors, executives, substantial contributors, and entities controlled by them. In the original episode, I also covered a general overview of California laws and reporting requirements that apply when such insider transactions occur. This episode aims to give the listener a solid understanding of what constitutes a problematic insider transaction at a public charity or private foundation. We want listeners to understand the rules that apply to insider financial transactions so that nonprofit directors, trustees, and executives can carefully assess whether a proposed transaction is permissible before it happens and understand the penalties and other adverse consequences to the charitable organizations and their managers and insiders if the transaction is not allowed under the applicable laws. Resources: IRS Resources on Rebuttable Presumption for Compensation IRS Form 4720 and Instructions California Form RRF-1 and Instructions EO Radio Show EP 34: Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions EO Radio Show EP: 33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation EO Radio Show EP. 22: Loot and Private Foundation Rules - Part 2 EO Radio Show EP. 21: Loot and Private Foundation Rules – Part 1 EO Radio Show EP. 5: Nonprofit Basics: Navigating the Complex Rules That Describe A Public Charity If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is episode 116 of EO Radio Show. This episode is a "refresh" of episode 37, first released in April 2023. This year, 2025, we've seen the usual strong interest in starting new charities at the beginning of the year. Given the new environment at the IRS, however, it is now more important than ever to be sure that all the preliminary work needed to set up a tax-exempt charity is in place. This episode is especially useful for founders who need a primer on essential tasks and decisions to keep in mind when starting a new nonprofit. Show Notes: EO Radio Show Episode 1: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship EO Radio Show EP #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance EO Radio Show #3: Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation EO Radio Show EP #5:Nonprofit Basics: Navigating the Complex Rules That Describe A Public Charity EO Radio Show EP #10: Nonprofit Basics: Setting up a New Charity for Disaster Relief EO Radio Show EP #32: Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? EO Radio Show EP #33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 115 is the 19th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, we will look at the basic state filing requirements for nonprofit corporations operating in South Dakota and North Dakota. In previous episodes, 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. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts, Connecticut, Maine and Vermont, Rhode Island, New Hampshire, Florida and Louisiana, North and South Carolina, Kentucky, Tennessee, Oklahoma, Texas, New Mexico and Utah, Colorado, Wyoming, Washington, DC, Michigan, Ohio, Illinois and Indiana, and last month, Wisconsin and Minnesota. You can find all the prior episodes on our website or the Farella YouTube channel, where there is a playlist just for state filing requirements. We'll work our way through the rest of the states in future episodes. Show Notes: Farella YouTube podcast channel South Dakota: South Dakota Secretary of State Business Services Home Page: https://sosenterprise.sd.gov/BusinessServices/Default.aspx South Dakota Current Entity Search: https://sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx South Dakota Business Entity FAQ: https://sdsos.gov/business-services/corporations/contact.aspx South Dakota Nonprofit Corporations Forms Index and Instructions: https://sdsos.gov/business-services/corporations/corporate-forms/nonprofit-corporations.aspx South Dakota Domestic Nonprofit Articles: https://sdsos.gov/docs/business/nonprofitarticlesofincorporation20180215.pdf South Dakota Non-Stock Application for Certificate of Authority Foreign Nonprofit Corporation Form: https://sdsos.gov/docs/business/nonprofitforeigncertificateofauthority20180215.pdf South Dakota Fees (note this still says of 2016 on their website: https://sdsos.gov/general-information/filing-fees.aspx South Dakota Domestic Nonprofit Annual Report Form: https://sdsos.gov/docs/business/nonprofitdomesticannualreport20240701.pdf South Dakota Foreign Nonprofit Annual Report Form: https://sdsos.gov/docs/business/nonprofitforeignannualreport20240701.pdf South Dakota Consumer Protection Office of the Attorney General Charity FAQ: https://consumer.sd.gov/fastfacts/charity.aspx South Dakota Department of Revenue Exempt Entities FAQ: https://dor.sd.gov/media/sgxnhnhl/exemptentities.pdf North Dakota: North Dakota Secretary of State Business and Charitable Organizations Home Page: https://firststop.sos.nd.gov/ North Dakota Secretary of State current entity database: https://firststop.sos.nd.gov/search/business North Dakota Forms Page: https://firststop.sos.nd.gov/forms/business North Dakota Secretary of State Nonprofit Services FAQ: https://www.sos.nd.gov/business/nonprofit-services North Dakota Secretary of State Nonprofit Organizations Guide: https://www.sos.nd.gov/sites/www/files/documents/business/nonprofit-guide.pdf North Dakota Nonprofit FAQ: https://www.sos.nd.gov/business/nonprofit-services/register-nonprofit/north-dakota-nonprofit North Dakota Out of State Nonprofit registration FAQ: https://www.sos.nd.gov/business/nonprofit-services/register-nonprofit/out-state-nonprofit North Dakota Maintaining a Nonprofit FAQ: https://www.sos.nd.gov/business/nonprofit-services/maintain-nonprofit North Dakota Office of State Tax Commission Sales Tax FAQ: https://www.tax.nd.gov/sites/www/files/documents/guidelines/business/sales-use/guideline-exempt-organizations.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and in today's episode, I'm happy to report on the recent promotion by the IRS of a free 10-course workshop on basic topics for individuals interested in learning about tax-exempt organizations described in Internal Revenue Code Section 501(c)(3). The online training covers many basic federal income tax rules applicable to charitable organizations. The show notes include a link to the IRS workshops. I'll summarize what the workshops cover and point listeners to additional episodes of the EO Radio Show podcast that cover similar essential basic topics under state laws. Show Notes: IRS Small to Mid-Size Tax Exempt Organization Workshop Nonprofit Basics playlist Nonprofit Risk Management playlist Nonprofit Governance playlist Nonprofit State Filings playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland talks with Farella employment lawyer Benjamin Buchwalter about a hot topic for nonprofits with employees: the surge in return to office mandates. Ben specializes in working with employers to manage and mitigate employment law risks to achieve their goals. He has deep experience defending companies in single plaintiff and class and representative action lawsuits related to discrimination, retaliation, harassment, leaves of absence, wage and hour compliance, and requests for accommodations. Through his experience defending companies of all types and sizes in litigation and as an in-house employment attorney, Ben always strives to understand what is most important to his clients in order to reach the best company-tailored resolution of disputes. Show Notes:  Benjamin R. Buchwalter Bio Farella 2025 Employment Law Symposium Recordings and Articles EO Radio Show #74: Employment Law Update for Nonprofits With Holly Sutton EO Radio Show #28: California's New Pay Transparency Law California's Estrada Decision and Impact on Employers and PAGA Claims Navigating California's New Rebuttable Presumption Law Navigating California's Workplace Violence Prevention Law SB 699 and AB 1076: California Enacts Further Prohibitions on Noncompete Agreements If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 112 of EO Radio Show is a "refresh" of episode 54, "Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid." In this episode, first published on September 18, 2023, I talked with Farella partner Quinn Arntsen about leasing issues. Last week, we dropped a "refresh" of part one of my conversation with Quinn, discussing term sheets. This episode takes a deeper dive into the lease agreement itself, covering the boilerplate provisions and why they matter to the nonprofit tenant. Show Notes:  Farella YouTube podcast channel Quinn Arntsen bio EO Radio Show EP #53: Real Estate Leasing Tips for Nonprofits EO Radio Show EP #32: Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? EO Radio Show EP #33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation EO Radio Show EP #34: Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions Webinar: What Nonprofits Need to Know About Landlord-Tenants Relationships and Insurance Nonprofit Education Series YouTube playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 111 of EO Radio Show is a "refresh" of our episode 53, "Real Estate Leasing Tips for Nonprofits," first dropped on September 11, 2023. In this episode, I talk with Farella partner Quinn Arntsen about leasing issues for nonprofit tenants. Leasing real property is a big commitment. And for nonprofit executives that haven't been through the process a few times, it can be daunting, especially for a long-term lease commitment. Quinn walked us through the basic issues and the components of a term sheet for the major items that need to be considered by the nonprofit when beginning lease negotiations. Show Notes:  Farella YouTube podcast channel Quinn Arntsen bio Nonprofit Education Series YouTube playlist Webinar: What Nonprofits Need to Know About Landlord-Tenants Relationships and Insurance EO Radio Show EP #32: Nonprofit Basics: Insider Transactions and Nonprofits – What's the Big Deal? EO Radio Show EP #33: Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation EO Radio Show EP #34: Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and EO Radio Show episode 110 is the 18th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard today, we will look at basic state filing requirements for nonprofit corporations operating in Wisconsin and Minnesota. In our first state filings episode, 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. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky and Tennessee, Oklahoma and Texas, New Mexico and Utah, Colorado and Wyoming, Washington, D.C., Michigan and Ohio, and last month Illinois and Indiana. You can find all the prior episodes on our website or the Farella YouTube channel, where there is a playlist just for state filing requirements. We'll work our way through the rest of the states in future episodes. Show Notes:  Farella YouTube podcast channel Resources for Wisconsin: Wisconsin Department of Financial Services Home Page: https://dfi.wi.gov/Pages/Home.aspx Wisconsin Current Entity Search: https://apps.dfi.wi.gov/apps/corpSearch/Search.aspx Wisconsin Business Entity FAQ: https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/FAQ.aspx Wisconsin Forms Index: https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Forms.aspx Wisconsin Fees: https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/Fees.aspx Wisconsin Nonstock Articles of Incorporation Form and Instructions: hhttps://dfi.wi.gov/Documents/BusinessServices/BusinessEntities/Forms/CORP102.pdf Wisconsin Nonstick Articles FAQ: https://dfi.wi.gov/Documents/BusinessServices/BusinessEntities/Forms/CORP102I.pdf Wisconsin Application for Certificate of Authority Foreign Nonstock Corporation Form and Instructions: https://dfi.wi.gov/Documents/BusinessServices/BusinessEntities/Forms/CORP121.pdf Wisconsin Nonstock Annual Report Form and Instructions: https://dfi.wi.gov/Documents/BusinessServices/BusinessEntities/Forms/CORP5.pdf Wisconsin Nonstock Annual Report FAQ: https://dfi.wi.gov/Documents/BusinessServices/BusinessEntities/Forms/CORP5i.pdf Wisconsin Department of Financial Institutions Charitable Organization FAQ: https://dfi.wi.gov/Pages/BusinessServices/CharitableProfessionalOrganizations/CharitableOrganizationsFAQ.aspx Wisconsin Department of Financial Institutions Charitable & Professional Organization Forms: https://dfi.wi.gov/Pages/BusinessServices/CharitableProfessionalOrganizations/Forms.aspx Wisconsin Department of Revenue Nonprofit Certificate of Exemption FAQ: https://www.revenue.wi.gov/Pages/FAQS/pcs-n-profit.aspx Marquette University How to Form Wisconsin Nonprofit: https://libguides.marquette.edu/c.php?g=36702&p=233188 Resources for Minnesota: Minnesota Secretary of State Business Home Page: https://www.sos.state.mn.us/business-liens Minnesota Secretary of State current entity database: https://mblsportal.sos.state.mn.us/Business/Search Minnesota Secretary of State Fee Schedule: https://www.sos.state.mn.us/business-liens/start-a-business/business-filing-certification-fee-schedule/ Minnesota Secretary of State Domestic Non-Profit Forms Page: https://www.sos.state.mn.us/business-liens/business-forms-fees/minnesota-non-profit-corporation-forms/ Minnesota Foreign Corporation Forms Page: https://www.sos.state.mn.us/business-liens/business-forms-fees/foreign-corporation-nonprofit-or-cooperative-forms/ Minnesota Nonprofit Articles of Incorporation: https://www.sos.state.mn.us/media/1829/nonprofitarticlesofincorporation.pdf Minnesota Council of Nonprofits template Articles of Incorporation: https://minnesotanonprofits.org/wp-content/uploads/2024/05/sample-articles-of-incorporation.pdf Minnesota Nonprofit Annual Report Form: https://www.sos.state.mn.us/media/1534/nonprofitrenewal.pdf Minnesota Foreign Certificate of Authority Form: https://www.sos.state.mn.us/media/1559/foreigncorpregistration.pdf Minnesota Foreign Annual Report: https://www.sos.state.mn.us/media/1560/foreigncorprenewal.pdf Minnesota Attorney General Charities Home Page: https://www.ag.state.mn.us/charity/ Minnesota Attorney General Charitable Organization Initial Registration Form: https://www.ag.state.mn.us/charity/Forms/C1_InitialRegistration.pdf Minnesota Department of Revenue Nonprofit Sales Tax Exemption Form: https://www.revenue.state.mn.us/sites/default/files/2023-06/st16.pdf Minnesota Council of Nonprofits Forms Fees & Publications FAQ: https://minnesotanonprofits.org/resources-tools/starting-a-nonprofit/forms-fees-publications   If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.  

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 109 is the third in a series of technical episodes describing the basic principles of the tax on unrelated business income generated by organizations described in Internal Revenue Code Section 501(c)(3). That includes public charities and private foundations. Most listeners are probably aware that 501(c)(3) organizations are generally exempt from income tax, but this does not mean that all income generated by the organization is free of income tax. For most organizations, unrelated business income is defined as income from a trade or business regularly carried on that is not substantially related to the charitable, educational, or other purpose that is the basis for the charity's exemption. In episode 107, I reviewed these defined terms. In episode 108, I explored the modifications to unrelated business taxable income that provide exceptions to income items that would otherwise fall into these definitions that are taxable but instead are categorically excluded because, generally, they constitute passive income. In this last episode in the series, I'll cover the exception to the exceptions for income that is debt-financed and thus generally taxable. Show Notes:  IRS Publication 598 IRS form 990-T IRS Discussion of Qualified Sponsorship Payments If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.    

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 108 is the second in a series of technical episodes describing the basic principles of the tax on unrelated business income generated by organizations described in Internal Revenue Code Section 501(c)(3). Most listeners are probably aware that 501(c)(3) organizations are generally exempt from income tax. This does not mean that all income generated by the organization is tax-free. For most organizations, unrelated business income is defined as income from a trade or business, regularly carried on, that is not substantially related to the charitable, educational, or other exempt purpose that is the basis of the organization's tax exemption. In episode 107, I reviewed these defined terms and provided several good examples. In this episode, I'll explore the modifications to unrelated business taxable income that provide exceptions to income items that would otherwise fall into these definitions that are taxable but instead are categorically excluded because, generally, they constitute passive income. In the third episode of the series, I'll cover the exception to the exceptions for income that is debt-financed and thus generally is taxable income. Show Notes: IRS Publication 598 IRS form 990-T IRS Discussion of Qualified Sponsorship Payments If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.  

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 107 is the first in a series of technical episodes describing the basic principles of the tax on unrelated business income generated by organizations described in Internal Revenue Code Section 501(c)(3). Most listeners are probably aware that 501(c)(3) organizations are generally exempt from income tax, but this does not mean that all income generated by the organization is free of income tax. For most organizations, unrelated business income is defined as income from a trade or business, regularly carried on, that is not substantially related to the charitable, educational, or other exempt purpose that is the basis of the organization's tax exemption. In this episode, I'll talk about these defined terms. In the next episode, we'll explore the modifications to unrelated business taxable income that provide exceptions to income items that would otherwise fall into this definition of taxable income, but these are categorically excluded because they constitute generally passive income. In the third episode of this series, I'll cover the exception to the exceptions for income that is debt-financed and thus generally is taxable income. Show Notes: IRS Publication 598 IRS form 990-T If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.  

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is EO Radio Show episode 106. As we finish off 2025, we're presenting our 17th in the series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard today, we will look at basic state filing requirements for nonprofit corporations operating in Illinois and Indiana. In a previous episode, 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. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky and Tennessee, Oklahoma and Texas, New Mexico and Utah, Colorado and Wyoming, Washington, D.C., and most recently Michigan and Ohio. You can find all the prior episodes on our website or the Farella YouTube channel, where there is a playlist just for state filing requirements. We'll work our way through the rest of the states in future episodes. Show Notes: Farella YouTube podcast channel Resources for Illinois: Illinois Secretary of State Business Services Home Page: https://www.ilsos.gov/departments/business_services/home.html Illinois Current Entity Search: https://www.ilsos.gov/departments/business_services/business_searches.html Illinois Not for Profit Forms page: https://www.ilsos.gov/publications/business_services/nfp.html Illinois Not for Profit Guide (pdf): https://www.ilsos.gov/publications/pdf_publications/c165.pdf Illinois Domestic Not for Profit Articles Filing FAQ: https://www.ilsos.gov/departments/business_services/incorporation/nfp_instructions.html Illinois List of Not for Profit Purposes: https://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=080501050HArt%2E+3&ActID=2280&ChapterID=65&SeqStart=2700000&SeqEnd=3500000 Illinois Articles of Incorporation General Not for Profit Corporation Act: https://www.ilsos.gov/publications/pdf_publications/nfp10210.pdf Illinois Foreign Corporation Application for Authority: https://www.ilsos.gov/publications/pdf_publications/nfp11315.pdf Illinois Not for Profit Annual Report Filing FAQ: https://www.ilsos.gov/departments/business_services/annual_reports/nfp_instructions.html Illinois Not for Profit Annual Report form: https://www.ilsos.gov/publications/pdf_publications/nfp11405.pdf Illinois Office of Attorney General Charitable Organizations website: https://illinoisattorneygeneral.gov/Consumer-Protection/Charities/Building-Better-Charities/Charity-Registration/ Illinois Department of Revenue Tax FAQ: https://tax.illinois.gov/research/taxinformation.html Illinois Department of Revenue Charitable Gaming Tax FAQ: https://tax.illinois.gov/research/taxinformation/charitygaming.html Resources for Indiana: Indiana Secretary of State Business Home Page: https://www.in.gov/sos/business/ Indiana Secretary of State INBiz Home Page: https://inbiz.in.gov/BOS/Home/Index Indiana Secretary of State current entity database: https://inbiz.in.gov/BOS/PublicSearch/Search Indiana Secretary of State Forms Page: https://www.in.gov/sos/business/division-forms/business-forms/#Non_Profit_Corporations__Domestic_ Indiana Attorney General Non-Profit & Charitable Giving Home Page: https://www.in.gov/attorneygeneral/consumer-protection-division/charities-and-donors/ Indiana Department of Revenue Nonprofit Tax Forms and FAQ: https://www.in.gov/dor/tax-forms/nonprofit/ Indiana Department of Revenue Nonprofit Sales Tax Exemption bulletin: https://www.in.gov/dor/files/ib17.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. As 2024 draws to a close, it seemed to me that this is a good time to share my year-end thoughts on essential annual governance responsibilities for nonprofits and also 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 the coming year. This episode refreshes the advice in episode 25 from December 2022. Other than updating the years by adding two at each reference, the advice still stands. I hope you find it helpful food for thought as you consider where your organization is on all these compliance matters and what might need to be attended to as this year comes to a close. Or, if you run out of time, these can be the basis for your 2025 New Year's resolutions for your charity. Show Notes: IRS Links: About Form 990 FAQs re Forms W-2 and 1099 NEC California Forms and Links: Franchise Tax Board Form 199 Annual Registration Renewal, RRF-1 Secretary of State, Statement of Information EO Radio Show #11 - Nonprofit Basics: Amending Nonprofit Corporation Bylaws EO Radio Show #12 - Hot Topics: Risk Management for Cybersecurity EO Radio Show #13 - Nonprofit Basics: Document Retention Policies and Subpoenas, and a Conversation With Aviva Gilbert on Why Good Policies Matter If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 104 is a refresh of episode 57, released in October 2022, which addressed the implications of the Corporate Transparency Act for nonprofit organizations, especially those with complex corporate structures that involve business enterprises with outside for-profit investors. In 2021, Congress established a sweeping and perpetual dragnet to aid in the policing of domestic money laundering by passing the Corporate Transparency Act, which went into effect on January 1, 2024. The CTA directs the United States Treasury Department's Financial Crimes Enforcement Network (FinCEN) to establish and maintain a national registry of beneficial owners of every legal entity formed or registered in the U.S. With certain exceptions, these entities are referred to as reporting companies. The CTA requires reporting companies to make initial and updated disclosures of information relating to the individuals who beneficially own and control the reporting company. Farella partner Greg LeSaint joined me to outline the CTA provisions and walk us through the Farella Braun + Martel Corporate Transparency Act guide, which may help you determine whether an entity in your organization is indeed a reporting company and subject to the CTA's disclosure requirements. When we recorded episode 57, we discussed the original filing deadline for new organizations formed in 2024. There was going to be a 30-day window in 2024 to make any filings for a newly formed company, and Greg noted at the time that there were proposals to extend that to 90 days, which is what happened. So, as you listen to the "refresh," note that the deadline for new organizations formed in 2024 is, in fact, 90 days, not the original 30, but starting January 1, 2025, the filing deadline for organizations reverts to 30 days for the new organizations formed in 2025 and thereafter. Most importantly, for all reporting companies formed before 2024, the deadline for filing with FinCEN is January 1, 2025, which is right around the corner. This "refresh" of episode 57 will provide information to set listeners on the right track for determining which entities are reporting companies and which are exempt. Show Notes: Greg LeSaint, Farella Braun + Martel Farella Corporate Transparency Act Guide Farella YouTube podcast playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is our 16th in the series of "Nonprofit Quick Tip" episodes, focusing on state registration of nonprofit corporations. With the help of Joe Hilliard, we will look at basic state filing requirements for nonprofit corporations operating in Michigan and Ohio. In previous episodes, 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. Other episodes have focused on the state filings in Nevada, Arizona, Washington State, Oregon, Alaska, Hawaii, New York, New Jersey, Massachusetts, Connecticut, Maine, Vermont, Rhode Island, New Hampshire, Florida, Louisiana, North Carolina, South Carolina, Kentucky, Tennessee, Oklahoma, Texas, New Mexico, Utah, Colorado, Wyoming, and most recently Washington D.C. You can find all the prior episodes on our website or the Farella YouTube channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel Michigan Resources: Michigan Licensing and Regulatory Affairs, Corporations Division Home Page: https://www.michigan.gov/lara/bureau-list/cscl/corps Michigan Current Entity Search: https://cofs.lara.state.mi.us/SearchApi/Search/Search Michigan Corporation FAQ and Forms Page: https://www.michigan.gov/lara/bureau-list/cscl/corps/forms/corporation-forms Michigan Domestic Nonprofits FAQ: https://www.michigan.gov/lara/bureau-list/cscl/corps/corporations/types/domestic-nonprofit-corporation Michigan Domestic Nonprofit Articles Filing FAQ Sheet: https://www.michigan.gov/lara/-/media/Project/Websites/lara/cscl/NonImages_new/Corps/CSCL-CD_269_Rev0322.pdf?rev=6468657d6993479b84c7de118e59ef64&hash=59AD101DD3858511A73876BF7249B0E4 Michigan Domestic Nonprofit Articles of Incorporation Online Form: https://www.michigan.gov/lara/-/media/Project/Websites/lara/cscl/Folder4/502_08-15.pdf?rev=fabfdceee4bf4120af8fffb3e54fe5a5&hash=D2906A523D7F38625789A67F401FE3CE Michigan Foreign Corporation Filing FAQ: https://www.michigan.gov/lara/-/media/Project/Websites/lara/cscl/NonImages_new/Corps/CSCL_CD_268_Rev032022.pdf?rev=0b6526d639984aa487cf3e18c978d042&hash=27AC22BFE0E4B5F3437149921D65C0FA Michigan Annual Report Filing FAQ: https://www.michigan.gov/lara/bureau-list/cscl/corps/michigan-business-roadmap/annual-reports-and-annual-statements Michigan Consumer Protection Charities Website: https://www.michigan.gov/consumerprotection/charities Michigan Charitable Organizations Website: https://www.michigan.gov/consumerprotection/charities/charitable-organizations Michigan Department of Treasury Tax Exemptions FAQ: https://www.michigan.gov/taxes/business-taxes/sales-use-tax/information/exemptions-faq Ohio Resources: Ohio Secretary of State Business Services Home Page: https://www.ohiosos.gov/businesses/ Ohio Secretary of State Current Entity Database: https://businesssearch.ohiosos.gov/ Ohio Secretary of State Business FAQ: https://www.ohiosos.gov/businesses/information-on-starting-and-maintaining-a-business/frequently-asked-questions/ Ohio Secretary of State Forms and Fees Page: https://www.ohiosos.gov/businesses/filing-forms--fee-schedule/ Ohio Secretary of State Domestic Nonprofit Articles Form: https://www.ohiosos.gov/globalassets/business/forms/532b_web.pdf Ohio Secretary of State Foreign Nonprofit Corporation Application for License: https://www.ohiosos.gov/globalassets/business/forms/530b.pdf Ohio Secretary of State Statement of Continued Existence: https://www.ohiosos.gov/globalassets/business/forms/522.pdf Ohio Attorney General Charity Registration Home Page: https://charitable.ohioago.gov/Charity-Registration Ohio Department of Taxation Exemption FAQ: https://tax.ohio.gov/business/ohio-business-taxes/sales-and-use/information-releases/st200502 Ohio Bill 301 updating Dissolutions and Director Responsibilities: https://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_135/bills/hb301/EN/05/hb301_05_EN?format=pdf   If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode is the third in a series of several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These three rules are anti-terrorism rules, income tax withholding rules, and some special rules for private foundations. All U.S. charitable organizations that make grants to organizations or individuals not resident in the United States need to be aware of a couple of general requirements, and private foundations have an extra set of concerns to ensure that the expenditure by the private foundation outside the United States is not penalized as a taxable expenditure and does count toward the foundation's minimum distribution requirement. This third installment focuses on the special private foundation rules regarding expenditure responsibility and equivalency determination. I also touch on the penalties when there is a footfall or a problem with the international grant. In the first episode of this series, I focused on the Patriot Act rules that apply to all grants, international and domestic. In the second episode, I provided a brief overview of the income tax withholding rules that apply to payments for services and that come into play when making a grant to an international organization that provides some services in the United States. Show Notes: Farella YouTube podcast channel EO Radio Show #99: Nonprofit Basics: International Grantmaking - Part 1 Overview and Antiterrorism Rules EO Radio Show #101: Nonprofit Basics: International Grantmaking – Part 2 Income Tax Withholding Rules EO Radio Show #58: Nonprofit Basics: What Nonprofits Need To Know About Expenditure Responsibility Grant Requirements EO Radio Show #91: REFRESH Nonprofit Basics: Navigating the Complex Rules That Describe a Public Charity IRS Guidance on Private Foundation Grants to Foreign Organizations IRC Section 4945(h) - Expenditure Responsibility Issue Snapshot Grants by Private Foundations: Expenditure Responsibility Audit Technique Guides Revenue Procedure 2017-53  If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Today's episode is the second in a three-part series addressing several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These are the anti-terrorism rules, the income tax withholding rules, and special rules for private foundations. In episode 99 of the show, I launched this series with an episode focused on introducing the Patriot Act rules that apply to all grants, international and domestic, but there are particular interests when we're talking about international grantmaking. In this episode, I'll provide a brief overview of the income tax withholding rules that apply to payments for services and that come into play when making a grant to an international organization that provides some services in the United States. The third installment of this series will focus specifically on the special private foundation rules, which are expenditure responsibility, equivalency determination, and other techniques used by private foundations that make grants to international organizations. Show Notes: Farella YouTube podcast channel IRS "About Form 1042" About Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Organizations  If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Dave Bruns, director of client services at Farella Braun + Martel, and this is the podcast's 100th episode. To mark this milestone, I'm taking over as today's host. My guest is Cynthia Rowland, Farella partner and the founder and host of EO Radio Show. Today, we'll shine a light on Cynthia and talk about her path to becoming a prominent lawyer in the nonprofit sector and the common legal challenges her clients face. Show Notes: Farella YouTube podcast channel Cynthia Rowland Bio David Bruns Bio If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and today's episode introduces several critical compliance topics relevant to international grantmaking by U.S. public charities and private foundations. These are the antiterrorism rules, income tax withholding rules, and special rules for private foundations. These "basics" episodes touch on the rules for U.S. charitable organizations that make grants to organizations or individuals not resident in the United States. Grantmakers need to be aware of a couple of general requirements, and private foundations also have an extra set of concerns to ensure that the expenditure outside the United States is not penalized as a taxable expenditure. The private foundation grantmakers also want to be sure that the expenditure does count towards its minimum distribution requirement. I'll start this series with an episode focused on introducing the Patriot Act rules that apply to all grants, international and domestic. In the next episode of this series, I'll provide a brief overview of the income tax withholding rules that apply to payments for services that come into play when making a grant to an international organization that may provide some services in the United States. The third installment of this series will focus specifically on the special private foundation rules, expenditure responsibility, equivalency determination, and other techniques used by private foundations that make grants to international organizations. Show Notes: Farella YouTube podcast channel FINCEN Patriot Act Page OFAC Search Tool Anti-Terrorism Best Practices Treasury's November 8, 2002 release of voluntary best practices guidelines for U.S.-based charities in avoiding terrorist financing. (For Treasury's Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-based Charities, see Doc 2002-25472 (7 original pages) [PDF] or 2002 TNT 221-17) If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show—Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth in a series of episodes in which we discuss fraud at nonprofit organizations with the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner. In episode 94, we started with case studies of fraud at nonprofit organizations. Then, in episode 95, we discussed three immediate steps an organization can take to mitigate fraud risks. In episode 96, Sly walked us through several big-picture fraud prevention techniques for exempt organizations. Today, we wrap up the series with an "ask a certified fraud examiner" session to answer listener questions sent to our EORadioShow@fbm.com mailbox. Show Notes: Farella YouTube podcast channel Sly Atayee, Director, BDO USA, Certified Fraud Examiner ACFE - Overview of the fraud triangle: Fraud 101: What Is Fraud? ACFE - Occupational Fraud 2024: A Report to the Nations ACFE – Fraud Risk Management Tools COSO Integrated Internal Control Framework Executive Summary EO Radio Show #94: Fraud Risks at Nonprofit Organizations - Part 1 EO Radio Show #95: Steps Your Nonprofit Can Take to Mitigate Fraud Risks - Part 2 EO Radio Show #96: Fraud Prevention Techniques for Nonprofit Organizations - Part 3 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 97 is the 15th in a series of quick tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we look at the basic filing requirements for nonprofit corporations operating in Washington, D.C., which is not a state but does have incorporation and foreign registration rules for businesses operating there. In previous episodes, 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. Other episodes have focused on the filings in Nevada and Arizona, Washington state and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North and South Carolina, Kentucky and Tennessee, Oklahoma and Texas, New Mexico and Utah, and last month, Colorado and Wyoming. Show Notes: Farella YouTube podcast channel Resources for Washington, D.C.: DC Department of Licensing and Consumer Protection Front Page: https://dlcp.dc.gov/ DC Corporate Registration Front Page: https://dlcp.dc.gov/node/1614386 DC Online Filings Portal: https://corponline.dcra.dc.gov/Home.aspx/Landing DC Forms Database: https://dlcp.dc.gov/node/1622531 DC Business Registrations FAQ: https://dlcp.dc.gov/page/corporations-division-business-registration-faqs DC Domestic Nonprofit FAQ: https://dlcp.dc.gov/node/1619136 DC Domestic Nonprofit Articles of Incorporation Form: https://dlcp.dc.gov/node/1622461 DC Foreign Registration Statement: https://dlcp.dc.gov/node/1622276 DC Fee Schedule, including expedited fees: https://dlcp.dc.gov/node/1621901 DC Nonprofit Fee Schedule: https://dlcp.dc.gov/node/1621926 DC Business Licensing Division Home Page: https://dlcp.dc.gov/service/business-licensing-division DCLP Charitable Services Business Home Page:  https://dlcp.dc.gov/node/1618416 DC Business Center Online Portal: https://mybusiness.dc.gov/login DC Office of Tax and Revenue Exempt Organizations FAQ: https://otr.cfo.dc.gov/page/exempt-organizations-frequently-asked-questions-faqs DC Office of Tax and Revenue Page: https://mytax.dc.gov/ DC Clean Hands FAQ: https://dlcp.dc.gov/node/1621021 DC Obtaining Clean Hands FAQ: https://otr.cfo.dc.gov/page/certificate-clean-hands If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the third in a series of episodes studying financial fraud at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner, we continue our discussion following the previous episodes where we were looking at real-life case studies of fraud at nonprofits, and some concrete steps an organization can take immediately to mitigate fraud risks. In this episode, we wrap up our discussion on fraud prevention techniques with a close look at building an effective system of internal controls. Our last episode in the series, "Ask a Certified Fraud Examiner," will answer listener questions. Please email them to eoradioshow@fbm.com. Show Notes: Sly Atayee, Director, BDO USA, Certified Fraud Examiner COSO Integrated Internal Control Framework Executive Summary Overview of the fraud triangle: Fraud 101: What Is Fraud? EO Radio Show #94: Fraud Risks at Nonprofit Organizations - Part 1 EO Radio Show #95: Steps Your Nonprofit Can Take to Mitigate Fraud Risks - Part 2 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 95 is the second in a series of episodes studying financial fraud at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a certified fraud examiner, we continue our discussion following the previous episode that looked at real-life case studies of fraud at nonprofit organizations. This episode discusses steps your organization can take today to mitigate fraud risks. In the next episode, we'll look closely at fraud prevention techniques for exempt organizations. In our last episode in the series, "Ask A Certified Fraud Examiner," we'll answer listener questions. Please email them to eoradioshow@fbm.com. Show Notes:  Sly Atayee, Director, BDO USA, Certified Fraud Examiner COSO Integrated Internal Control Framework Executive Summary Overview of the fraud triangle: Fraud 101: What Is Fraud?  If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 94 is the first in a series of episodes where we look at fraud and fraud risks at nonprofit organizations. With the expert insight of Sly Atayee, a director at the national accounting firm BDO USA and a Certified Fraud Examiner, this episode launches the series with case studies of fraud at nonprofit organizations. In the next few episodes, we'll talk about immediate steps an organization can take to mitigate fraud risks and big-picture fraud prevention techniques for exempt organizations. Our last episode in the series, “Ask a Certified Fraud Examiner,” will answer listener questions sent to our mailbox at EORadioShow@fbm.com. Show Notes: Sly Atayee, Director, BDO USA, Certified Fraud Examiner Occupational Fraud 2024: A Report to the Nations EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations ABA Guidebook for Directors of Nonprofit Corporations If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. This technical episode addresses the procedures for changing the classification of an organization described in Internal Revenue Code Section 501(c)(3) as a private foundation or one of the many different types of public charities. From time to time, charitable organizations described in Section 501(c)(3) need or want to change their classification, either because they have attained sufficient support to be classified as publicly supported so they don't want to be classified as private foundations, they aren't able to generate sufficient public support to meet the requirements for public charity status, or governance document changes have caused a change in supporting organization classification. Or, in many cases, they were simply misclassified from the outset. Show Notes: Farella YouTube podcast channel EO Radio Show - EP 5: Nonprofit Basics: Navigating the Complex Rules That Describe A Public Charity EO Radio Show - EP 23: Nonprofit Basics: Supporting Organizations - Part 1 EO Radio Show - EP 24: Nonprofit Basics: Supporting Organizations Part 2 - Orientation for Understanding Type III Supporting Organizations EO Radio Show - EP 61: In the Weeds With New Supporting Organization Regulations Instructions for Form 8940 (Print version PDF) Pay.gov Current Form 8940 user fee information Pub. 557, Tax-Exempt Status for Your Organization Pub. 598, Tax on Unrelated Business Income of Exempt Organizations If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland and this is the 14th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier episode, 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. Other episodes have focused on the state filing requirements in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky and Tennessee, Oklahoma and Texas, and last month New Mexico and Utah. Today, with Joe Hilliard's help, we examine the basic state filing requirements for nonprofit corporations operating in Colorado and Wyoming. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel Colorado: Colorado Business Organizations Front Page: https://www.coloradosos.gov/pubs/business/businessHome.html Colorado Current Entity Search: https://www.coloradosos.gov/biz/BusinessEntityCriteriaExt.do Colorado Secretary of State Formation and Filing Document Database: https://www.coloradosos.gov/pubs/business/forms_main.html#Nonprofit Colorado Filings FAQ: https://www.coloradosos.gov/pubs/business/FAQs/filing.html Colorado Business Fee Schedule: https://www.coloradosos.gov/pubs/info_center/fees/business.html Colorado Domestic Nonprofit Articles of Incorporation online form: https://www.coloradosos.gov/pubs/business/helpFiles/NonprofitCorpintro.html Colorado Domestic Nonprofit Articles of Incorporation Instructions: https://www.coloradosos.gov/pubs/business/helpFiles/NonprofitCorpChecklist.pdf Colorado Statement of Foreign Entity Authority Instructions: https://www.coloradosos.gov/pubs/business/helpFiles/AUTHORITY_HELP.html Colorado Statement of Foreign Entity Authority Tutorial: https://www.coloradosos.gov/pubs/info_center/eLearningCourses/FilingAStatementOfForeignEntityAuthority/index.html Colorado Statement of Foreign Entity Authority Sample form: https://www.coloradosos.gov/pubs/business/sampleForms/AUTHORITY.pdf Colorado Periodic Report Filing FAQ: https://www.coloradosos.gov/pubs/business/FAQs/reports.html Colorado Secretary of State Charities and Fundraisers homepage: https://www.coloradosos.gov/pubs/charities/charitableHome.html Colorado Secretary of State Charities and Fundraisers FAQ: https://www.coloradosos.gov/pubs/charities/instructions/charity/registration.html Colorado Charities Fee Schedule: https://www.coloradosos.gov/pubs/info_center/fees/charitable.html Colorado Department of Revenue Tax Exemptions Qualifications: https://tax.colorado.gov/tax-exemption-qualifications Wyoming: Wyoming Secretary of State Business & UCC Center: https://sos.wyo.gov/Business/Default.aspx Wyoming Secretary of State Business Center homepage: https://wyobiz.wyo.gov/Business/Default.aspx Wyoming Secretary of State online business registration page: https://wyobiz.wyo.gov/Business/RegistrationInstr.aspx Wyoming Secretary of State current entity database: https://wyobiz.wyo.gov/Business/FilingSearch.aspx Wyoming Secretary of State Business FAQ: https://sos.wyo.gov/FAQS.aspx?root=BUS Wyoming Secretary of State Forms: https://sos.wyo.gov/Forms/Default.aspx?root=Business Wyoming Secretary of State Domestic Nonprofit Articles form:  https://sos.wyo.gov/Forms/Business/NP/NP-ArticlesIncorporation.pdf Wyoming Secretary of State Foreign Nonprofit Corporation Application for Certificate of Authority: https://sos.wyo.gov/Forms/Business/FNP/FNP-CertificateAuthority.pdf Wyoming Secretary of State Annual Report filing page: https://wyobiz.wyo.gov/Business/AnnualReport.aspx Wyoming Department of Revenue homepage: https://revenue.wyo.gov If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this is the fourth "refresh" of several original episodes published in the summer of 2022. As we near the end of summer, it's a good time to wrap up our revisit of some of our "nonprofit basics" episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. This refresh of episode #5 is intended to help the founder of a new charity navigate the complex rules that describe a publicly supported charity. Many people think that the designation 501(c)(3) means an organization is a charity, but there is more to it than that. In this episode, I talk about the IRS classifications that distinguish between a public charity and a private foundation. Both of these types of organizations are described in 501(c)(3), but they are subject to very different rules. So, this episode covers the four basic paths to public charity status. Then, we'll close out with some tips for a new organization that intends to qualify for public support based on fundraising from the public or, alternatively, primarily from generating income from their exempt function. Since this episode was first published in 2022, we've added our show to the Farella Braun + Martel YouTube channel. Listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in many states. Take a look at the show notes for updated links. Show Notes: Exempt Organization Types: https://www.irs.gov/charities-non-profits/exempt-organization-types Schedule A, Public Charity Tests: https://www.irs.gov/pub/irs-pdf/f990sa.pdf Instructions to Schedule A: https://www.irs.gov/pub/irs-pdf/i990sa.pdf The Wonderful World of Foundation Classification: https://www.stayexempt.irs.gov/home/depth-topics/wonderful-world-foundation-classification and https://www.stayexempt.irs.gov/se/files/downloads/FoundationClassification_Print.pdf Internal Revenue Code Sections: https://www.law.cornell.edu/uscode/text/26/509 https://www.law.cornell.edu/uscode/text/26/170 EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 90 is a refresh of the third of the original episodes published in the summer of 2022. During these dog days of summer, it's a good time to bring back some of our earliest episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this refresh of episode three, I cover the general principles of state law rules that address corporate governance. Under state law, the business and affairs of a nonprofit corporation must be managed and all corporate powers are to be exercised by and under the direction of the board of directors. Each director has personal duties to the corporation. Principally, these duties are the duty of care and the duty of loyalty. This nonprofit basics episode addresses director duties and best practices for the typical nonprofit public benefit corporation. In the first section, I summarize the duty of care, including a discussion of the manner in which a careful director meets this standard. The second section discusses the duty of loyalty with a particular emphasis on dealing with actual and potential conflicts of interest. Since this episode was first published, we've added the podcast to our YouTube channel, so listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in 32 states, so far. Take a look at the show notes for updated links. Show Notes: Attorney General's Guide for Charities; Best Practices for nonprofits that operate or fundraise in California; see Chapter 7, Directors & Officers of Public Benefit Corporations What Every Prospective Nonprofit Board Member Needs to Knowby Lauren A. Galbraith, family wealth partner, Farella Braun + Martel EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.  

Welcome to EO Radio Show - Your Nonprofit Legal Resource. For the next few weeks, we refresh our earliest episodes on nonprofit basics. During these dog days of summer, it's a good time to bring back some of our early episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this refresh of episode #2, Cynthia Rowland talks about some of the roles people play in nonprofit corporation governance. We're focused here mostly on nonprofit corporations, although nonprofits can be formed as charitable trusts. Let's go over the nonprofit governance positions first and then we'll circle back to how these concepts of governance apply in the trust structure. Since this episode was first published in the summer of 2022, we've added the podcast to our YouTube channel, so listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in 32 states. Take a look at the show notes for updated links. Show Notes:  New York Attorney General Publication on Nonprofit Director Responsibilities Guidebook for Directors of Nonprofit Corporations, Third Edition National Association of State Charity Officials Resources EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. For the next few weeks, we refresh several of the show's earliest episodes. During these dog days of summer, it's a good time to bring back some of our early episodes that cover fundamental topics that nonprofit leaders and aspiring leaders need to understand. In this week's refresh of my very first episode, I provide an overview of the choices of legal form for nonprofit organizations that are intended to be tax-exempt under U.S. law. Before we even get to the questions of tax exemption, charitable fundraising, regulatory compliance, governance, and the myriad legal issues that charity and foundation leaders need to think about, a basic understanding of the legal entity is really important. Since this first episode, we've added the podcast to our YouTube channel, so listeners might want to look over the playlist on our channel that covers all the basics and also our broad coverage of the formation mechanics in 32 states. Show Notes: The ABCs of Nonprofits, Second Edition By Lisa Runquist Delaware Model Certificates of Incorporation Model Nonprofit Corporation Act, and states where adopted Uniform Law Commission on Uniform Unincorporated Association Act status EO Radio Show #84: Nonprofit Book Review: ABA Guidebook for Directors of Nonprofit Corporations Farella YouTube podcast channel If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource.  In Episode 87, Cynthia Rowland covers the rules that apply to a new charitable organization that wants expedited review of its application for recognition of exempt status from the Internal Revenue Service. The IRS expects to receive 135,000 to 140,000 determination requests in 2024, and most of those requests will take more than six months to be processed. In general, the IRS reviews applications in the order received. New organizations often need that determination letter in order to start fundraising, and six months or more is a serious damper on the ability to launch new entities. This episode will cover the required procedures to follow if an organization wants the IRS to let it jump to the front of the line. Show notes: Expediting Exemption Application Processing: Where to Send Request Addresses: After an application has been filed, a written request for expedited processing must be sent to the following address: Internal Revenue Service P.O. Box 2508 Room 6403 Cincinnati, OH 45201 Express mail or a delivery service written request for expedited processing must be sent to the following address: Internal Revenue Service 550 Main Street Room 6403 Cincinnati, OH 45202 You may fax your request to 855-204-6184. Instructions for Form 1023 EZ Farella YouTube nonprofit state filings playlist Farella YouTube nonprofit governance playlist If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 13th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier episode, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filing requirements in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, Kentucky and Tennessee, and most recently, Oklahoma and Texas.  Today, with Joe Hilliard's help, we examine the basic state filing requirements for nonprofit corporations operating in New Mexico and Utah. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel New Mexico: New Mexico Secretary of State Corporations and Business Services page: https://portal.sos.state.nm.us/BFS/online/ New Mexico Business Services Front page: https://www.sos.nm.gov/business-services/start-a-business/ New Mexico Current Entity Search: https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch New Mexico Current Director/Officer Search: https://portal.sos.state.nm.us/BFS/online/CorporationBusinessSearch/OfficersOrDirectorsOrRAgentSearch New Mexico Business Services FAQ: https://www.sos.nm.gov/business-services/limited-liability-and-corporation-faqs/ New Mexico New Business Tips FAQ: https://www.sos.nm.gov/steps-to-starting-a-business/ New Mexico Domestic Nonprofit Articles of Incorporation: https://www.sos.nm.gov/business-services/start-a-business/domestic-nm-non-profit-corporation/ New Mexico Foreign Nonprofit Corporation Application for Authority: https://www.sos.nm.gov/business-services/start-a-business/foreign-non-profit-corporation/ New Mexico Department of Justice Charitable Organizations FAQ: https://nmag.gov/charities/ New Mexico Department of Justice Charitable Organizations Registrar: https://secure.nmag.gov/coros/ New Mexico Taxation & Revenue page: https://www.tax.newmexico.gov/ New Mexico Taxation & Revenue FAQ: https://www.tax.newmexico.gov/businesses/ Utah: Utah Division of Corporations main page: https://corporations.utah.gov/ Utah's current entity database: https://secure.utah.gov/bes/index.html Utah Division of Corporations Contact page: https://corporations.utah.gov/contact/ Utah Division of Corporations Articles FAQ: https://corporations.utah.gov/business-entities/preparing-articles/ Utah Division of Corporations Domestic Nonprofit Organizations page: https://corporations.utah.gov/domestic-non-profit-corporation/ Utah Division of Corporations Domestic Nonprofit Articles form: https://corporations.utah.gov/wp-content/uploads/2023/04/incnonprofit.pdf Utah Division of Corporations Domestic Nonprofit Articles Guide Sheet: https://corporations.utah.gov/wp-content/uploads/2021/09/howtoincnonprofit.pdf Utah Division of Corporations Foreign Nonprofit Organizations page: https://corporations.utah.gov/business-entities/foreign-non-profit-corporation/ Utah Division of Corporations Foreign Nonprofit Articles: https://corporations.utah.gov/wp-content/uploads/2021/10/certauth.pdf Utah Division of Corporations Annual Report filing page: https://secure.utah.gov/abr/login.html Utah Division of Corporations Processing Times: https://corporations.utah.gov/2024/05/02/the-division-is-currently-processing/ Utah Division of Consumer Protection Charities page: hhttps://dcp.utah.gov/for-businesses/charities/ Utah State Tax Commission home page: https://incometax.utah.gov/ Utah State Tax Commission Registration for Sales Tax Exemption: https://tax.utah.gov/forms/current/tc-160.pdf Utah State Tax Commission Registration for Corporate Tax Exemption: https://tax.utah.gov/forms/current/tc-161.pdf Utah Nonprofits Association Guide to Nonprofits 2023 (while outdated for charity registrations, this is still a good resource): https://www.utahnonprofits.org/assets/pdf/UNA_Guide_to_Starting_a_Nonprofit_2023/   If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 85, Cynthia Rowland addresses the steps needed when a charitable organization has its tax-exempt status revoked by the IRS for failure to file the required information returns, that is, form 990, 990PF, 990 EZ, or the postcard return for very small charities, 990-N. Often, charities fall out of compliance not just with the IRS but also with the state regulators, which may include the state income tax filing requirements, charity registry filings, and Secretary of State annual or bi-annual filings. Today, she discusses the road to recovery for an organization that wants to get back on track. Show Notes: Farella YouTube podcast channel IRS website on Reinstatement Revenue Procedure 2014-11 (PDF explains the four procedures an organization may use to apply for reinstatement) IRS Exemption forms: Form 1023, Form 1023-EZ, Form 1024 or Form 1024-A Additional IRS information Annual Reporting and Filing Online course - Applying for Section 501(c)(3) Status - An Overview  (37 minutes) Revoked? Reinstated? Learn more If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In today's episode, Cynthia Rowland's guest is Bill Boyd, one of the editors, along with Lisa Runquist, of the newly published fourth edition of the American Bar Association's Guidebook for Directors of Nonprofit Corporations. The guidebook is a useful and valuable reference that provides directors with an overall understanding of their roles and duties. The updated edition addresses general legal principles and areas of broad concern to assist the directors and the organization in obtaining the information they need to run effectively. The guidebook includes user-friendly charts, checklists, and more. Show Notes: Bill Boyd, Partner, Nyemaster Goode (bio and publications) ABA Guidebook for Directors of Nonprofit Corporations EO Radio Show playlists: Nonprofit Governance Nonprofit Hot Topics Nonprofit Basics If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. This is the 12th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In previous episodes, we addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, North Carolina and South Carolina, and most recently Kentucky and Tennessee. Today, with Joe Hilliard's help, we examine the basic state filing requirements for nonprofit corporations operating in Oklahoma and Texas. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements episodes. In future episodes, we'll work our way through the rest of the states. Show Notes: Farella YouTube podcast channel EO Radio Show #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance Oklahoma: Oklahoma Secretary of Business Services page: https://www.sos.ok.gov/business/default.aspx Oklahoma Business Entity FAQ: https://www.sos.ok.gov/business/faq.aspx Oklahoma Current Entity Search: https://www.sos.ok.gov/corp/corpInquiryFind.aspx Oklahoma Fee Schedule: https://www.sos.ok.gov/business/fees.aspx Oklahoma Online Filing Library: https://www.sos.ok.gov/corp/filing.aspx Oklahoma Downloadable Business Forms Library: https://www.sos.ok.gov/business/forms.aspx Oklahoma Not for profit Certificate  of Incorporation: https://www.sos.ok.gov/forms/Fm0008.PDF Oklahoma Certificate of Qualification (Foreign Corporation) Form: https://www.sos.ok.gov/forms/Fm0012.PDF Oklahoma online processing time: https://oklahoma.gov/business/launch/register-your-business.html Oklahoma Secretary of State Charitable Organizations Page: https://www.sos.ok.gov/charity/Default.aspx Oklahoma Secretary of State Charitable Organizations Forms: https://www.sos.ok.gov/charity/forms.aspx Oklahoma Charitable Organization Registration Form: https://www.sos.ok.gov/forms/Fm0101.PDF Oklahoma Tax Commission: https://oklahoma.gov/tax.html Oklahoma Sales Tax Exemption form: https://oklahoma.gov/content/dam/ok/en/tax/documents/forms/businesses/general/Packet-E.pdf Texas: Texas Secretary of State business services page: https://www.sos.state.tx.us/corp/index.shtml Texas SOSDirect Portal: https://www.sos.state.tx.us/corp/sosda/index.shtml Texas current entity database: https://www.sos.state.tx.us/corp/sosda/index.shtml Texas Secretary of State Nonprofit Organizations Page: https://www.sos.state.tx.us/corp/nonprofit_org.shtml Texas Forms: https://www.sos.state.tx.us/corp/forms_boc.shtml Texas Certificate of Formation Nonprofit Corporation form and instructions: https://www.sos.state.tx.us/corp/forms/202_boc.pdf Texas Application for Registration for a Foreign Nonprofit Corporation form and instructions: https://www.sos.state.tx.us/corp/forms/302_boc.pdf Texas Fees Schedule: https://www.sos.state.tx.us/corp/fees-other.shtml Texas Filing Options FAQ: https://www.sos.state.tx.us/corp/options.shtml Texas Attorney General Charitable Trusts page: https://www.texasattorneygeneral.gov/divisions/charitable-trusts Texas Attorney General Charitable Trusts Registration and Filings Page: https://www.texasattorneygeneral.gov/divisions/charitable-trusts/registration-and-filings Texas Comptroller Tax Exemptions for Qualified Organizations Page: https://comptroller.texas.gov/taxes/exempt/ Texas Comptroller Tax Exemptions Application Forms: https://comptroller.texas.gov/taxes/exempt/forms/   If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 82, we revisit the duties of directors in managing investment assets. Joining Cynthia Rowland today is Jennifer Nelson, Senior Wealth Manager with BNY Mellon. She offers practical advice for directors serving on the investment committee, best practices for developing an investment policy, investment performance measurement, the use of outside chief investment officers, and other discretionary asset management arrangements.  Show notes: Jennifer Nelson, CFP, BNY Mellon Wealth Management BNY Mellon Wealth Management Insights EO Radio Show YouTube Playlists: Nonprofit Basics, Nonprofit Governance, Hot Topics Prudent Management of Institutional Funds Act “UPMIFA, Three Years Later: What's a Prudent Director To Do?” ABA Business Law Today, Volume 18 No. 6 (July/August 2009), Cynthia R. Rowland EO Radio Show EP #16: Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors EO Radio Show #35: Hot Topic: UPMIFA in the Context of Financial System Instability If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I refresh EO Radio Show episode 22, the second of our two episodes exploring private foundation rules using commentary on the comic Apple TV+ series Loot, starring Maya Rudolph. In the second of our two original episodes exploring season one of Loot, my partner Hons Yung and I, with our unique legal lens, examine the legal aspects of the series. But a word of caution: We do reveal some, but not all, of the exciting plot lines. Before joining us, we recommend binge-watching season one first, then returning and listening to episodes 80 and 81 for the technical legal issues we had fun with when watching season one of Loot. Season two of Loot was released early in April 2024, and we plan to revisit the Wells Foundation and private foundation rules in an episode later this spring. Show notes: Note to listeners from Cynthia: I did the math after the episode—$87 million is one-tenth of one percent of $87 billion! Hons Yung, Partner, Farella Braun + Martel Loot on Apple TV + IRS form 4720 (Return of Certain Excise Taxes) Instructions IRS form 990PF (Annual Return of Private Foundation) Instructions EO Radio Show Episode 6: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 1: Candidate Campaign Intervention EO Radio Show Episode 8: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 3: Private Foundation Approaches to Policy Advocacy Allowed by the Internal Revenue Code If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In this episode, I'm happy to refresh EO Radio Show episode 21, the first of our two episodes exploring private foundation rules using the Apple TV+ series Loot, starring Maya Rudolph. Season two of Loot was released early in April 2024, and we plan to revisit the Wells Foundation and private foundation rules and the other legal issues in a new podcast episode later this spring. So, to bring all of our listeners up to speed, here's the first of our two original episodes, where my partner Hons Yung and I, with our unique legal lens, explore season one of Loot. But, a word of caution, we do reveal some, but not all, of the exciting plot lines. If you're keen on joining us in dissecting the legal aspects of the series, we recommend binge-watching season one first, then returning to listen to this episode and the next one for the technical legal issues we've spotted in season one of Loot. Show Notes: Hons Yung, Partner, Farella Braun + Martel Loot on Apple TV + EO Radio ShowEpisode 2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance IRS form 4720 (Return of Certain Excise Taxes) Instructions IRS form 990PF (Annual Return of Private Foundation) Instructions Hons Yung's favorite movie podcast: The Rewatchables If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show—Your Nonprofit Legal Resource. In this episode, Cynthia Rowland highlights some tax schemes designed to exploit both taxpayers and the Treasury. The Internal Revenue Service just wrapped up the 2024 Dirty Dozen campaign with a warning to taxpayers about several schemes, many of which purport to benefit charitable purposes. Fraudulent schemes threatening taxpayers can take different forms, including exploitative agreements related to bogus art donations and improper application of the rules allowing charitable planning using charitable remainder trusts, as well as outright fraudulent charitable solicitations for scammers posing as charities. Today's episode brings you the IRS warnings on these topics and some advice on spotting the scams. Show Notes: EO Radio Show YouTube channel Nonprofit State Filings YouTube playlist IRS Dirty Dozen list IRS Select Check site for checking Charity eligibility Form 14242, Report Suspected Abusive Tax Promotions or Preparers Mailing address for reporting abusive promotions: Internal Revenue Service Lead Development Center Stop MS5040 24000 Avila Road Laguna Niguel, California 92677 3405 Fax: 877-477-9135 EO Radio Show #17: Charitable Contribution Substantiation Requirements and a Conversation About Art Appraisals With Sarah Vandeweerdt From Christie's EO Radio Show #71: Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 78 is the 11th in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With Joe Hilliard's help today, we examine the basic state filing requirements for nonprofit corporations operating in Kentucky and Tennessee. Previous episodes addressed filing in Delaware and California, which are the most frequently used by our clients, most of whom have a connection with California. Other episodes have focused on the state filings in Nevada and Arizona, Washington State and Oregon, Alaska and Hawaii, New York and New Jersey, Massachusetts and Connecticut, Maine and Vermont, Rhode Island and New Hampshire, Florida and Louisiana, and most recently North Carolina and South Carolina. You can find all the prior episodes on our website or the Farella YouTube Channel, where there is a playlist just for state filing requirements. In future episodes, we'll work our way through the rest of the states. Show Notes: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts Kentucky Resources: Kentucky Secretary of Business Services page: https://www.sos.ky.gov/bus/Pages/default.aspx Kentucky Current Entity Database: https://web.sos.ky.gov/bussearchnprofile/search.aspx Kentucky Business Filings FAQ: https://www.sos.ky.gov/bus/business-filings/Pages/default.aspx  Kentucky Filing Fees: https://www.sos.ky.gov/bus/business-filings/Pages/Fees.aspx Kentucky Online Business Forms Library: https://www.sos.ky.gov/bus/Forms/Pages/default.aspx Kentucky Nonprofit Articles of Incorporation: https://web.sos.ky.gov/forms/corp/NAI-Articles%20of%20Incorporation-Non-Profit%20Corporation.pdf Kentucky Foreign Registration Form: https://web.sos.ky.gov/forms/corp/FBE-Certificate%20of%20Authorization_Foreign%20Business%20Entity.pdf Kentucky  Document Online Services Index: https://web.sos.ky.gov/ofx/ Kentucky Secretary of State FAQ, including processing times: https://www.sos.ky.gov/bus/business-filings/Pages/FAQs.aspx Kentucky Annual Report online filing: https://web.sos.ky.gov/fasttrack/(S(dd4fvsjvqcelwxg4gqi5qfas))/ARP_Search.aspx Kentucky Office of the Attorney General Charitable Giving Page: https://www.ag.ky.gov/Resources/Consumer-Resources/charity/Pages/default.aspx Kentucky Attorney General Registration Requirements for Charitable Organizations: https://www.ag.ky.gov/Resources/Consumer-Resources/charity/Pages/registration.aspx Kentucky Charities Forms Page: https://www.sosnc.gov/forms/by_title/_Charities_Charities_Sponsors Kentucky Department of Revenue: https://revenue.ky.gov/Pages/index.aspx# Kentucky Sales & Use Tax FAQ: https://revenue.ky.gov/Business/Sales-Use-Tax/Pages/default.aspx Tennessee Resources: Tennessee Secretary of State Business Division website: https://sos.tn.gov/businesses Tennessee New Business Entities Guide: https://sos.tn.gov/businesses/guides/next-steps-for-a-new-business Tennessee Secretary of State Business Services Page: https://tnbear.tn.gov/ecommerce/default.aspx Tennessee current entity database: https://tnbear.tn.gov/Ecommerce/FilingSearch.aspx Tennessee Forms and Fees: https://sos.tn.gov/businesses/forms-and-fees Tennessee Charter Nonprofit Corporation form and instructions: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/ss-4418_1.pdf?VersionId=8GR2EXCl7I79uoVn7gbENREfPCv3izGX Tennessee Foreign Application for Certificate of Authority Nonprofit Corporation form and instructions: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/ss-4432.pdf?VersionId=hU1Nyurp7V25TNK0x.1n6lwgMD4rESzx Tennessee Annual Report video FAQ for annual reports: https://sos.tn.gov/press-releases/business-services-launches-annual-report-how-videos Tennessee Annual Report online filing: https://tnbear.tn.gov/Ecommerce/AnnualReportID.aspx Tennessee Secretary of State Division of Public Charities page: https://sos.tn.gov/charities Tennessee Secretary of State Division of Public Charities Online Charity Filing System: https://tncab.sos.tn.gov/ Tennessee registered Charities entity database: https://tncab.sos.tn.gov/portal/registered-charities-search Tennessee Nonprofits online Handbook: https://sos-prod.tnsosgovfiles.com/s3fs-public/document/A%20Guidebook%20for%20Tennessee%20Nonprofits.pdf Tennessee Department of Revenue New Business website: https://www.tn.gov/revenue/for-businesses/for-new-businesses.html Tennessee Department of Revenue Tax Exemptions FAQ: https://www.tn.gov/revenue/for-businesses/for-new-businesses/exemptions.html If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. This episode covers the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9) relevant to all covered charitable fundraisers and fundraising platforms soliciting in California. Although this is a California law, it is of nationwide interest. The California Attorney General rulemaking has just become final, and several of the new provisions of Title 11 of the California Code of Regulations (CCRs) became effective March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. Today, we cover the details of the reporting obligations, due diligence for the platforms, disclosure and consent requirements, and recordkeeping recommendations for charitable fundraising platforms and platform charities. Show Notes: YouTube channel: www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): oag.ca.gov/charities/pl Form PL-1 oag.ca.gov/system/files/media/PL-1.pdf Form PL-2 oag.ca.gov/system/files/media/PL-2.pdf Form PL-3 oag.ca.gov/system/files/media/pf-form-PL-3.pdf Form PL-4 oag.ca.gov/system/files/media/pf-form-PL-4.pdf If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com. Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. In episode 76, I introduce the provisions of California's Charitable Fundraising Platforms law (Gov. Code, § 12599.9). These rules are relevant to all covered charitable fundraisers and fundraising platforms that are soliciting in California, so although this is a California law, it is of nationwide interest. The California Attorney General's rulemaking has just become final, and several new provisions of the California Code of Regulations became effective on March 26, 2024. Additional provisions will become effective on June 12, 2024 and January 1, 2025. In part one, I introduce key concepts and definitions.  Resources:  YouTube channel: https://www.youtube.com/@farellabraunmartel/podcasts California Attorney General Website page for Charitable Fundraising Platforms (Including Crowdfunding): https://oag.ca.gov/charities/pl California Code of Regulations: Definitions Regarding Charitable Fundraising Platforms and Platform Charities EO Radio Show #29: Nonprofit Basics: What You Need To Know About Expenditure Responsibility If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com. DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With the help of Joe Hilliard, today we move south to look at the basic state filing requirements for nonprofit corporations operating in North Carolina and South Carolina. You can find all the prior episodes on our website or on the Farella YouTube channel, where there is a playlist just for state filing requirements. We'll work our way through the rest of the states in future episodes.  Resources:  YouTube channel: www.youtube.com/@farellabraunmartel/podcasts EO Radio Show EP #2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance North Carolina: North Carolina Secretary of State Nonprofit Organizations Search: North Carolina Secretary of State Charities & Fundraisers Search (sosnc.gov) North Carolina Secretary of Business Domestic Registrations: https://www.sosnc.gov/divisions/business_registration North Carolina current entity database: https://www.sosnc.gov/online_services/search/by_title/_Business_Registration North Carolina Domestic Nonprofit Forms Index: https://www.sosnc.gov/forms/by_title/_Business_Registration_Nonprofit_Corporations North Carolina Secretary of Business Foreign Registrations: https://www.sosnc.gov/Guides/register_a_foreign_business North Carolina Foreign Registration Forms Index: https://www.sosnc.gov/Guides/register_a_foreign_business/requirements North Carolina Document Online Submission Portal: https://www.sosnc.gov/Guides/online_submission_Of_business_filings North Carolina Processing Times: https://www.sosnc.gov/Guides/online_submission_Of_business_filings/choose_the_examination_method North Carolina Annual Report FAQ: https://www.sosnc.gov/frequently_asked_questions/by_title North Carolina Secretary of State Charities Division: https://www.sosnc.gov/divisions/charities North Carolina Secretary of State Charities Licensing: https://www.sosnc.gov/divisions/charities/licensing North Carolina Charities Forms: https://www.sosnc.gov/forms/by_title/_Charities_Charities_Sponsors North Carolina Charities FAQ: https://www.sosnc.gov/frequently_asked_questions/by_title/_charities_general_public North Carolina Department of Revenue: https://www.ncdor.gov/ North Carolina Sales Tax Exemption FAQ: https://www.ncdor.gov/taxes-forms/sales-and-use-tax/sale-and-purchase-exemptions South Carolina: South Carolina Secretary of State Charities, Professional Fundraisers and Raffles search: https://sos.sc.gov/online-filings/charities-pfrs-and-raffles/search-charities South Carolina Secretary of State Business Division website: https://sos.sc.gov/online-filings/business-entities South Carolina Business Entities Online website: https://businessfilings.sc.gov/businessfiling South Carolina Business Entities FAQ: https://sos.sc.gov/faqs-about-business-entities South Carolina Secretary of State business resources: https://sos.sc.gov/business-resouces South Carolina current entity database: https://businessfilings.sc.gov/BusinessFiling/Entity/Search South Carolina Forms and Fees Schedule: https://businessfilings.sc.gov/BusinessFiling/Home/CategorizedForms South Carolina CL-1 Initial Report form and instructions: https://dor.sc.gov/forms-site/Forms/CL1.pdf South Carolina Department of Revenue Annual Filing FAQ: https://dor.sc.gov/tax/eleemosynary South Carolina Secretary of State Division of Public Charities: https://sos.sc.gov/online-filings/charities-pfrs-and-raffles/charities If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly Sutton, the chair of Farella's employment law practice and first-rate resource for complicated employment issues for nonprofit and private clients. She will update us on what's new in California and federal laws that employers need to think about. She also provides some tips on how to think about risk management and employment law compliance now that remote work is here to stay—and even small nonprofit organizations often need to navigate employment laws in several jurisdictions.   Resources:  Holly Sutton bio Farella Employment Law Symposium YouTube playlist Farella employment law publications If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 73 discusses frequently used terms in the nonprofit world pertaining to investment activities. Public charity and private foundation directors and officers need to understand their obligations as fiduciaries when determining whether an investment opportunity meets the criteria for a prudent investment, a program-related investment, or a mission-related investment. This episode unpacks the rules around each term, covering a basic explanation of “prudent investment,” “PRI,” and “MRI.” The episode concludes with recommendations for ensuring that a private foundation's investments qualify as PRIs and best practices for developing an investment policy statement that covers the overall portfolio investment policy statement. Resources: Farella YouTube channel: www.youtube.com/@farellabraunmartel/podcasts EO Radio Show #16: Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors EO Radio Show #35: Hot Topic: UPMIFA in the Context of Financial System Instability IRS Issue Podcasts for charities: www.stayexempt.irs.gov/home/resource-library/issue-podcasts Instructions for 990PF: www.irs.gov/pub/irs-pdf/i990pf.pdf IRS pages on Expenditure Responsibility and Program Related Investments:  www.irs.gov/charities-non-profits/private-foundations/terms-of-grants-private-foundation-expenditure-responsibility www.irs.gov/charities-non-profits/private-foundations/terms-of-program-related-investments-private-foundation-expenditure-responsibility www.irs.gov/charities-non-profits/private-foundations/violations-of-expenditure-responsibility-requirements-private-foundations UPMIFA Documents: www.uniformlaws.org/committees/community-home?CommunityKey=043b9067-bc2c-46b7-8436-07c9054064a3 If you have suggestions for topics you would like us to discuss, please email us at eoradioshow@fbm.com.  Additional episodes can be found at EORadioShowByFarella.com.  DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.