Inspecting the Mouth of a Gift Horse: Acceptance of Unusual Gifts

gift-horseOklahoma Nonprofit Law & Finance Conference, Oklahoma City, Oklahoma, 03/24/2017

This presentation focuses on how to best handle donations of unusual assets, such as tangible personal property, real estate and mineral interests, and closely held business interests.  The elements of a gift acceptance policy and structures for limiting liability associated with these assets once contributed will also be explored.  Additional information may be found in the paper authored by Megan C. Sanders, Gifts from Cousin Eddie: Acceptance, Ownership & Management of Bizarre Assets.

Beyond Grantmaking: Additional Mechanisms for Mission

121914291-copy34th Annual Nonprofit Organizations Institute, Austin, Texas, 01/13/2017, (co-presented with James P. Joseph of Arnold & Porter LLP)

In the spirit of “thinking outside the box while working within the rules,” this presentation explores options for foundations to pursue in order to maximize their missions by going beyond or supplementing traditional grant making initiatives while still maintaining compliance with the private foundation prohibited transaction rules.  Key topics explored include a discussion of the basic parameters of the private foundation rules; alternatives to traditional private foundations, including foundations that engage in direct charitable activities, medical research organizations, charitable joint ventures and more; and program- and mission-related investments.  Additional information may be found in the related reference outline, Beyond Grantmaking: Additional Mechanisms for Mission.

Governance of the Social Enterprise: Structural and Operational Considerations

State Bar of Texas, Governance of Nonprofit Organizations Course, Austin, Texas

119804067(1) - Copy

Social enterprises use business methods to do good.  Whether certified as a B Corp., operating as an L3C, or taking another form, these organizations give entrepreneurial voice to mission activities.

Written to serve as an introduction to this developing sector, this paper systematically examines half-a-dozen structural options for Social Enterprises, including nonprofit, for-profit, and dual purpose models.  The bulk of the paper examines the responsibilities of managers/owners and tax issues unique to each model’s governance structure and purpose before delving into government regulations specific to this new sector.  A variety of real-world examples and a flowchart overview for selecting the best structure for your purposes are included, and helpful resources are cited throughout.