AB 60 Compliance Toolkit
AllianceForNevadaNonprofits.com/ab60/toolkit
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Agenda Read AB 60 & Proposed Regulation of NRS 82 & 598
Why AB 60? What is AB 60? Quick Summary of AB 60 by Section Major
Changes That Impact Us Financial Reporting with Annual List Filing
Charitable Donation Solicitation Disclosures: Oral/Verbal &
Written Quick Summary of Proposed Regulations Sample Timeline AB 60
Solicitor Checklist 2 Toolkit Components Role Playing (verbal),
Script-Writing & Action Plans Questions and Answers
(Q&A)
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Why AB 60? Speaker: Nichole Lamboley, Chief Deputy Nevada
Secretary of State (Recorded July 10, 2013)
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What Is AB 60?
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Quick Summary Section 3 (pages 2-4) New nonprofit corporations
must indicate intention to solicit tax-deductible charitable
contributions when filing articles of incorporation. As a nonprofit
corporation in Nevada, we must file a financial report with annual
list of officers: 990-N (e-Postcard) $50,000 (Good faith estimate)
990-EZ < $200,000 revenue + < $500,000 assets 990 $200,000
revenue Terms defined like Form 990 and Solicit charitable
contributions
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Quick Summary Section 4 (page 4) Authorizes Secretary of State
to post on website with business searches: NVSilverFlume.gov or
NVSOS.gov Section 5 (pages 4-5) Explains process for written
notices to violators Imposes a civil penalty of not more than
$1,000 Explains cease and desist orders Sections 6.5-12 (pages 5-9)
Authorizes Secretary of States office and Attorney Generals office
to.. Section 13 (page 9) AB 60 becomes effective January 1,
2014.
Nonprofit Annual List of Officers & Directors - Draft
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Quick Summary Regulations Definitions: Contribution, donation,
gift or the like Solicit or solicitation Executive personnel
Charitable Solicitation Registration Statement Has a field to
include URL of nonprofit website, which will be shown in Nevada
Business Search. The Internet address provided by the corporation
must be: 1)The official website of the corporation; and 2)Kept
active and maintained by the corporation. Has a check box to verify
that all funds received by the corporation will be used in
compliance with the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act
(USA PATRIOT ACT) of 2001, Public Law 107-56.
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Quick Summary Regulations Financial Report defined. For the
purposes of providing financial information pursuant to NRS Chapter
82, the following information as reported to the Internal Revenue
Service on the corporations most recent Form 990 or 990EZ must be
provided on the form prescribed by the Secretary of State: Total
revenue, as reported on line 12 of Form 990 or on line 9 of Form
990-EZ; Total expenses, as reported online 18 of Form 990 or online
17 of Form 990-EZ; Revenue less expenses, as reported online 19 of
Form 990, or Excess (or deficit) for the year, as reported on line
18 of Form 990-EZ; Total assets, as reported online 20 of Form 990
or online 25 of Form 990-EZ; Total liabilities, as reported online
21 of Form 990 or online 26 of Form 990-EZ; and Net assets or fund
balances, as reported on line 22 of Form 990 or on line 27 of Form
990-EZ. Financial Report using good faith estimates defined. If a
corporation is not required to file a Form 990 or 990EZ, but filed
a 990N or was formed in the past year and does not have any
financial information available, it shall select the box indicating
it is providing a good faith estimate based on the records of the
corporation under penalty of perjury.
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Quick Summary Regulations (Written) For solicitations made
electronically or in written form, be: Clear and conspicuous on any
printed material, social media account or other Internet website or
electronic media which contains information about support for or
contributions or donations to the person or charitable organization
and on any printed material, social media account or other Internet
website or electronic media whereby a solicitation is made,
including, without limitation, materials provided for making a
response to the solicitation and on a web page that authorizes or
performs fulfillment of a contribution or donation. If the
solicitation consists of more than one piece or page, prominently
displayed on any material on which a solicitation occurs. Set apart
from the other printed content in the communication. Of a type size
that is sufficient to be clear and readable by the recipient of the
communication. Printed in black or blue on a white background or,
if on a background of another color or with graphics, there must be
a reasonable degree of contrast of colors between the print of the
disclosure and the background so as to be clearly readable.
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Quick Summary Regulations (Oral) For solicitations made orally
or verbally Disclosures must be provided by the person making the
solicitation before the prospective donor makes a commitment to
contribute. For solicitations made on the Internet and for web
pages on an Internet website that contain information about support
for or contributions or donations to a person or charitable
organization Disclosures must appear on each web page where the
solicitation is made. Disclosures must appear on the web page that
authorizes or performs fulfillment of a contribution or
donation.
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Quick Summary Regulations There will likely be a box to check
if a solicitation is directed only to a total of fewer than 15
persons or only to persons who are related within the third degree
of consanguinity or affinity (page 4) Table of Consanguinity
Source: Wikepedia