Creating Subsidiaries of Tax-Exempt Organizations

1159518571-copyState Bar of Texas, 15th Annual Governance of Nonprofit Organizations Course, Austin, Texas, 08/25/2017

Tax-exempt organizations utilize subsidiaries and related organizations for a number of different reasons ranging from management concerns to liability protection to tax necessity. While the nonprofit corporate form is generally used for charitable organizations conducting commercial activities, a number of different forms should be considered for a subsidiary or affiliate organization. This paper and presentation explore many of these considerations while exposing seemingly unforeseen traps, all while being mindful of the ultimate legal issue tax-exempt entities face: “How will this impact our exempt status?”

Governance of the Social Enterprise: Structural and Operational Considerations

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

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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.

Nonprofit Compliance with the Texas Business Organizations Code

Stack of binders with magnifying glassA couple of weeks ago I had the privilege of speaking to a group nonprofit leaders during a lunch and learn presentation sponsored by the Nonprofit Management Center of the Permian Basin in Midland, Texas.  I spoke on the structure of the primary statutory law governing nonprofit corporations in the State of Texas (the Texas Business Organizations Code) as well as compliance with that law.  My presentation slides are available here.