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Client Alert Lewis Roca Rothgerber Christie LLP lrrc.com 1 Laura brings over 20 years of experience to her role as a partner in the firm’s Business Transactions group. With a focus on corporate law and transactional matters, she advises clients in the areas of business counseling; the formation of organizations, including non-profit, tax-exempt organizations and limited liability companies; mergers and acquisitions; and compliance with the law and best practices. Laura A. Lo Bianco Partner 602.262.5793 direct [email protected] lrrc.com/laura-lo- bianco Nonprofit Organizations: Regular Tasks That Matter July 17, 2018 Ensuring compliance on a regular basis can be a daunting task for many nonprofit organizations. This undertaking can be simplified to some degree by leaders reviewing certain organizational and governance aspects that could expose weaknesses and prompt action towards compliance. Simple tasks include: Confirm that required annual filings have been made to maintain the organization’s good standing with the appropriate state agency. Review governing documents, such as articles of incorporation and bylaws, to confirm that the governing body has the requisite number of directors and officers that have been duly elected. Review corporate records for documentation of the annual meeting and other meetings that have taken place throughout the year. Ensure that the organization’s mission and activities conform to the governing documents and filings made with the IRS. Determine whether the organization’s activities cross state boundaries and require compliance with each state’s registration requirements for doing business or soliciting for charitable contributions. Review Form 990-PF or Form 990, as applicable, for accuracy in disclosing the organization’s activities for the reporting year and to ensure annual reporting with the IRS and state department of revenue is completed. Check the organization’s information posted on guidestar.org to ensure it is current and accurate. Acknowledge the existence of, and compliance with, the organization’s conflict of interest policy. Confirm that donations are properly acknowledged and receipts are given. Review employee compensation for reasonableness. These are some of the basic actions that should be taken by nonprofit organizations to review its level of compliance. If any of these tasks expose compliance concerns for your organization, please contact a member of our team for assistance. For more information about our services for Nonprofit organizations, please visit our website.

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Page 1: Nonprofit Organizations: Regular Tasks That Matter July 17_Lo... · bianco Nonprofit Organizations: Regular Tasks That Matter July 17, 2018 Ensuring compliance on a regular basis

Client Alert

Lewis Roca Rothgerber Christie LLP lrrc.com 1

Laura brings over 20 years of experience toher role as a partner in the firm’s BusinessTransactions group. With a focus oncorporate law and transactional matters,she advises clients in the areas of businesscounseling; the formation of organizations,including non-profit, tax-exemptorganizations and limited liabilitycompanies; mergers and acquisitions; andcompliance with the law and bestpractices.

Laura A. Lo BiancoPartner602.262.5793 direct

[email protected]

lrrc.com/laura-lo-bianco

Nonprofit Organizations: Regular Tasks That Matter

July 17, 2018

Ensuring compliance on a regular basis can be adaunting task for many nonprofit organizations. Thisundertaking can be simplified to some degree byleaders reviewing certain organizational andgovernance aspects that could expose weaknessesand prompt action towards compliance. Simple tasksinclude:

• Confirm that required annual filings have beenmade to maintain the organization’s goodstanding with the appropriate state agency.

• Review governing documents, such as articlesof incorporation and bylaws, to confirm that thegoverning body has the requisite number ofdirectors and officers that have been dulyelected.

• Review corporate records for documentation ofthe annual meeting and other meetings that have taken place throughout the year.

• Ensure that the organization’s mission and activities conform to the governing documents andfilings made with the IRS.

• Determine whether the organization’s activities cross state boundaries and require compliancewith each state’s registration requirements for doing business or soliciting for charitablecontributions.

• Review Form 990-PF or Form 990, as applicable, for accuracy in disclosing the organization’sactivities for the reporting year and to ensure annual reporting with the IRS and statedepartment of revenue is completed.

• Check the organization’s information posted on guidestar.org to ensure it is current andaccurate.

• Acknowledge the existence of, and compliance with, the organization’s conflict of interest policy.

• Confirm that donations are properly acknowledged and receipts are given.

• Review employee compensation for reasonableness.

These are some of the basic actions that should be taken by nonprofit organizations to review its levelof compliance. If any of these tasks expose compliance concerns for your organization, please contacta member of our team for assistance. For more information about our services for Nonprofitorganizations, please visit our website.