The Law Of Charitable And Not For Profit Organizations

The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.

Articles of Association for Charities and Not for Profit Organisations: Guidance and Precedents contains guidance and full precedents to help charity trustees, members of incorporated companies by guarantee, professional charity advisers and solicitors to form constitutional documents that meet the Charity Commission's requirements. It will also assist, not for profit organisations, right to manage companies, community interest companies and employed owned limit companies to implement internal regulations for the guidance of decision making at board level. Written for a tightly defined market and practical in approach, this text provides analysis of the prescribed or specified articles of association for a: · Private company limited by guarantee, incorporated under the Company Act 2006. · Charitable company regulated by the Charity Commission in England & Wales (GD1) · Right to manage company · Community Interest Company · Employee owned limited company The text is fully researched, with footnotes to the appropriate legislation, this new title includes: · Analysis of the new model articles for a company limited by guarantee , prescribed by the Company Act 2006 · Evaluation of the, regulatory prescribed model articles of association , for charities based in England or Wales (GD1) · Discuses the prescribed articles of association for right to manage companies · Analysis and discussion of the prescribed articles of association for a community interest company, with practical guidance on the asset lock provisions. · Evaluation and commentary on the employee trust and the employee company articles of association. · All precedents available as electronic downloads: Not for profit company Charitable Company Association – Non Charitable statue Museum – Charitable Statues This essential text will appeal to legal professionals and accountants who provide advice on charity law or charity formation, trustees of sports clubs, housing associations and museums, financial advisers and investment professionals who focus on advising charitable and Not for Profit organisations.

In a concise and readable format, Nonprofit Law, 2nd Edition provides up-to-date information about the legal issues that can arise at every turn--from inception to termination--of a Section 501(c)(3) organization. This second edition continues and builds upon the comprehensive features of the first edition, including: A reader-friendly presentation that does not assume earlier background with tax, trusts, or corporations A balanced treatment between theory and practical reality Cradle-to-grave organization of topics Notes, questions, and problems in each chapter that add context to the text All relevant statutes and regulations within the text Optional exercises for creating a virtual nonprofit, which become the basis for further hypothetical questions. Designed to satisfy the highest academic requirements for students of law, business, and public policy (and to provide an accessible, comprehensive desk reference for practicing nonprofit professionals), Nonprofit Law, 2nd Edition explains the corporate, tax, and other regulatory issues that all nonprofit managers, board members, and their lawyers ultimately face. Highlights of the second edition include: Examples of familiar organizations, from Catholic Dioceses to the American Red Cross, grappling with critical issues Consideration of for-profit social enterprises as alternatives to nonprofits Thorough exploration of the policy implications of nonprofit regulation An explanation of the controversies surrounding nonprofits' entrance into politics and the IRS' response.

Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Over a million nonprofit organizations, from day-care centers and neighborhood churches to major research universities and metropolitan hospitals, are currently relied upon to deliver an array of essential social services. This is in keeping with a historical conviction that private voluntary action, as opposed to government intervention, should address as many of the nation's social needs as possible. But just how much to rely on the nonprofit sector is the question at the center of a growing debate. Critics challenge the assumption that nonprofit organizations have successfully directed much of their benefits toward the poor and disadvantaged - an assumption that has to date justified favorable tax treatment for donations and nonprofit operations. Who Benefits from the Nonprofit Sector? examines all the major elements of the nonprofit sector - health services, educational and research institutions, religious organizations, social services, arts and cultural organizations, and foundations - describing each institution and its function, and then exploring how their benefits are distributed across various economic classes. The book's findings indicate that while few institutions serve primarily the poor, there is no evidence of a gross distribution of benefits upwards toward the more affluent. The source of an institution's funding is also shown to be an important determinant in how its benefits are distributed. They show, for example, that: . Nonprofit nursing homes and drug treatment centers have a lower concentration of Medicaid patients than their for-profit public counterparts do. Twenty-seven percent of social service agencies serve primarily the poor, and the large majority ofthese received most of their income from the federal government. The effective educational subsidy (i.e., cost of education less tuition) per person at both public and private univenities increases with income. The analysis of this data makes for a book with profound implications for future social and tax policy.