The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Resources

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Posted on January 18, 2019

The government shutdown has impacted some government agencies and services that are typically used by or interact with nonprofit employers. The purpose of this article is to inform you of the current situation involving various federal agencies with which you may have contact.

Posted on January 2, 2019

Dealing with the death of spouse or other family member is difficult. While they are still grieving, surviving family members can be targeted by debt collectors and led to believe that they are responsible for paying their loved ones’ debts. Family members are also frequently unaware that the probate process provides financial protections for surviving spouses and minor children. This webcast will provide an overview of the following:

• What happens when a family member dies with and without a last will and testament;
• What it means to probate an estate and how the probate process works;
• The extent to which surviving family members are liable for a deceased relative’s debts; and
• How surviving spouses and minor children can obtain additional protections through year’s support petitions.

This webcast is recommended for housing nonprofits and nonprofits with large homeowner and/or senior client bases.

The Building Generational Wealth webcast series is offered by the Generational Poverty Law Project, a partnership between Pro Bono Partnership of Atlanta, Atlanta Legal Aid Society, and Georgia Heirs Property Law Center and funded by The Junior League of Atlanta.

Speaker: Joann E. Johnston, Legal Programs Director and Gentry E. Mander, Equal Justice Works Georgia Housing Corps Fellow

Click here to view the webcast.

Posted on December 18, 2018

Many small nonprofits have close ties to separate for-profit corporations.

– Does a for-profit provide a lot of your 501(c)(3)’s support?
– Was your 501(c)(3) public charity started by a for-profit entity that does similar or connected work to your 501(c)(3)?
– Do you share clients or refer clients to one another?

These scenarios, plus others, may risk the 501(c)(3)’s public charity and tax-exempt status if not closely evaluated. During this webcast, our speaker will discuss these risks and how to manage them.

Speaker: Robyn Miller, Senior Tax/Corporate Counsel at Pro Bono Partnership of Atlanta

Click here to view the webcast.

Posted on December 18, 2018

Nonprofits rely on special events for a wide variety of reasons: as a fundraising source, to recognize volunteers and as an opportunity to celebrate your mission. These special events usually include serving alcohol, which means, you may even need to apply for a special events alcohol license! In this webcast, we will have an expert in the industry speak about special event alcohol licenses, including:

– In what circumstance would your nonprofit need to apply?
– How do fees and requirements vary depending on the city or county you are hosting your event?
– Once a nonprofit gets a license, how long is it good for?

Speaker: Taylor Harper of TFH Legal

Click here to view.

Posted on November 28, 2018

Attracting and retaining the right talent to provide leadership can have a significant impact on how dynamically a nonprofit organization is able to meet the needs of its community. While there are many methods for providing benefits to executives, one primary focus for attracting talent is designing attractive compensation packages. However, compensation for employees of nonprofit organizations, and in particular executives, is subject to special restrictions under the Internal Revenue Code (the “Code”). This article will provide guidance for organizations to help navigate some of these restrictions.

Topics covered in this article include:
(1) What is reasonable compensation?
(2) What is a private inurement?
(3) How does the new tax bill affect compensation for nonprofit executives?
(4) Guidance for structuring an incentive compensation policy.

Posted on November 28, 2018

This webcast is part of the Building Generational Wealth webcast series which helps nonprofits better serve their low-income clients.

Kinship Care is not a new concept. Having a relative help out with the children when someone is in need has been happening as long as there have been families. The struggles of modern life have made the care more crucial as the times have changed and we have moved to a more nuclear family model. But what happens when there is no nuclear family? Who takes care of the children and how? Atlanta Legal Aid has worked with relative caregivers for over twenty years to provide legal assistance and resources to assist in stabilizing families in crisis. With your help we can make sure that these families know that we are here and what services we can offer them. This webcast will provide a primer on custody law for non-lawyers, and discuss some of the issues that non-parents may face as they step in to take care of the children. We will provide the following:

– Overview of Kinship Care Project
– Discussion on Power of Attorney, Guardianship and Third Party Custody Actions
– Discussion on Juvenile Court Services
– Discussion on Public Benefits available to assist low-income caregivers
– Discussion on Adoption as an Option

The Building Generational Wealth webcast series is offered by the Generational Poverty Law Project, a partnership between Pro Bono Partnership of Atlanta, Atlanta Legal Aid Society, and Georgia Heirs Property Law Center and funded by The Junior League of Atlanta.

Speaker: Jacqueline L. Payne, Project Director, Kinship Care Project, Atlanta Legal Aid Society, Inc.

View the webcast here.

Posted on October 23, 2018

Are you struggling to figure out how to improve the work or behavior of an employee? A performance improvement plan (PIP) is a tool your nonprofit could use to give an employee with performance deficiencies the opportunity to succeed. In this webcast, we will discuss when a PIP should be considered, along with how to write and implement the plan.

Presenter: Christine Green, Stanton Law

Click here to view the webcast.

Posted on October 11, 2018

Nonprofit organizations that hold fundraisers or sell merchandise must be cognizant of sales tax collection obligations. Many nonprofit organizations think that they are not obligated to collect sales tax. Perhaps they believe that they are not required to collect tax because they do not routinely sell products or tickets. Some organizations think that their exemption from federal income tax extends to sales tax. But nonprofit organizations, with a few exceptions, are required to collect sales tax (and required to pay sales tax on purchases). This article provides guidance to nonprofits on their sales tax obligations regarding gala ticket and silent auction sales.

Posted on October 5, 2018

For nonprofits, as for all businesses, the location where you operate plays an important role in how your organization will function and whether it will thrive. When selecting a space and deciding whether to own or lease (and under what terms), it is all too easy to dive into a deal before fully considering your needs and possible risks. In this seminar, our speakers will cover a broad range of considerations that all nonprofits should keep in mind as they make real estate decisions, including:

* Aligning your real estate decisions to support your mission
* Business and legal considerations of renting versus owning
* The legal purchasing process
* Risks of ownership unique to 501(c)(3)s
* Key terms to watch out for in commercial leases

Presenter: Mack Heller of Eversheds Sutherland and James Pitt of Kellogg Partners

Click here to view the webcast.

Posted on October 1, 2018

Does your organization conduct criminal background checks on employees and volunteers? If so, you must comply with the Fair Credit Reporting Act. In this webcast, we will provide you with step-by-step instructions for ensuring that your organization provides job applicants and volunteers with the disclosures and notices required by the law.

Presenters: Craig Bertschi, Kilpatrick Townsend

Click here for webcast

Please click here for the Summary of Rights Under FCRA and the Sample Authorization and Disclosure Form