Broad segments of the nonprofit sector are concerned about the new presidential administration and the threats it poses to nonprofit organizations. Some have developed contingency plans involving the formation of subsidiaries or affiliates, the transfer of funds to other organizations, and the modification of progressive programs.
No matter whether the approach is to go on defense or offense, shoring up the organization's compliance is critical. A charity or nonprofit's plans can be shut down for a failure to properly register. Its board actions might be reversed because they were not taken pursuant to the organization's bylaws or applicable corporate laws.
The following list of compliance matters will help prepare a public charity or private foundation to address a threat. Review your mission/purpose statements, particularly in your governing documents (for example, articles of incorporation, bylaws), to ensure that they are consistent with your activities and your public representations.
Ensure that the organization is operating consistent with its governing documents, including with respect to provisions governing elections, terms of service, board meetings, board actions by written consent, delegated authority to committees and officers, reports, amendments to bylaws, and voting membership rights (if applicable).
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