Nonprofit

A shareholders’ agreement is a contract among the shareholders of a corporation (with typically the corporation also as a party) setting forth the rules by with the shareholders are to act in relation to one another and the corporation.  The agreement can document key issues such as how shares can be sold, what happens if a shareholder dies, whether shareholders

“I’m getting divorced.  What happens to my estate plan?”

Someone asked me that question just recently, so I wanted to take this opportunity to highlight a few items to consider:

1. Revocation of Existing Joint Trust

You may need to revoke your existing joint Trust with your soon-to-be or now ex-spouse.  Some family law attorneys include this as part of

The outbreak of COVID-19 in the U.S., the state and local governments’ responses to it, and the resulting impact on the general public, have significantly affected nonprofit organizations.  Charitable organizations that provide food and other basic necessities and services, including those that support medical and mental health needs of the public, are facing increased demand.  Nonprofit arts organizations that rely

Certification as a business owned by a socially and/or economically disadvantaged individual or group of individuals can provide a company with a competitive edge when bidding on contracts with government agencies, Fortune 500 corporations, and many other businesses that have certain set-asides.

Common certification programs include: woman-owned businesses (WBE), minority-owned businesses (MBE); veteran-owned businesses (VBE or VOSB); businesses owned by

With an election year upon us (and the recent disruption to
activities and potential legislation due to COVID-19), it is prudent for
nonprofit 501(c)(3) organizations to review the Internal Revenue Service (IRS)
rules relating to political activities, such as lobbying to influence
legislation and endorsing specific candidates. 
An organization may desire to spend funds to oppose or support certain
ballot

The California
Secretary of State’s office is the central filing office for certain financing
statements and other lien documents provided for in the Uniform Commercial Code.
 Filing with the Secretary of State
serves to perfect a security interest in named collateral and establish
priority in case of debtor default or bankruptcy.

Generally, the
active duration for a financing statement is

IRS Annual
Returns

The Taxpayer
First Act, enacted July 1, 2019, requires tax-exempt organizations to
electronically file information returns and related forms with the Internal
Revenue Service.  The new law affects
tax-exempt organizations in tax years beginning on or after July 1, 2019.

Several tax
forms are included in the mandate, including:

  • Form 990, Return of
    Organization Exempt from Income

On September 10, 2018, Governor Brown signed a bill (AB 2557) regarding ex officio directors, which will become effective January 1, 2019.
Ex officio directors, i.e. persons serving as directors by virtue of occupying specified positions within or without the corporation, are commonly included on nonprofit boards. For example, they may include positions such as the Immediate Past Chair of