AB 60 Compliance Toolkit
AllianceForNevadaNonprofits.com/ab60/toolkit Insert Your Name,
Title Organization
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Agenda How many have read the AB 60 law? 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 Sample Timeline
to Educate Board/Staff/Volunteers Regarding AB 60 Solicitation
& Compliance AB 60 Solicitor Checklist Are We Compliant?
Resources 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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Lets Look At The Law 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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Lets Look At The Law 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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Regulations Sec. 3.1. The form prescribed by the Secretary of
State pursuant to section 3 of Assembly Bill No. 60, chapter 192,
Statutes of Nevada 2013, at page 719 (NRS 82.392) must offer a
corporation the option of: a)Providing the Internet address of a
website which may be accessed via the Nevada Business Search web
page on the Internet website of the Secretary of State. 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. b) Certifying 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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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 orfund 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.
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Regulations Sec. 4. 2. A disclosure made pursuant to NRS
598.1305, as amended by section 12 of Assembly Bill No. 60, chapter
192, Statutes of Nevada 2013, at page 723, must: (a) For
solicitations made electronically or in written form, be: (1) 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. (2) If the solicitation consists of more
than one piece or page, prominently displayed on any material on
which a solicitation occurs. (3) Set apart from the other printed
content in the communication. (4) Of a type size that is sufficient
to be clear and readable by the recipient of the communication. (5)
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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Regulations (b) For solicitations made orally or verbally, be
provided by the person making the solicitation before the
prospective donor makes a commitment to contribute. (c) 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, appear on each
web page where the solicitation is made and on the web page that
authorizes or performs fulfillment of a contribution or donation.a
contribution or donation.
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Sample Timeline
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AB 60 Solicitor Checklist 1.What forms of oral/verbal
disclosures does our business have? 2.How will we verify that
everyone is compliant?
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AB 60 Solicitor Checklist 1.What forms of written disclosures
does our business have? 2.How will we verify that all written
disclosures are complaint?
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Are We Compliant? Whats Missing?
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AB 60 Solicitor Checklist
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Resources AllianceForNevadaNonprofits.com/ab60/toolkit Final AB
60 Text As Enrolled Regulations Working Draft Final Adoption of
Regulations (when available) ANN Education Opportunities
(QuickBooks, Excel, fundraising, etc.) 102-Minute Digital Video -
Recorded July 10 Webinar with Secretary of State's Nicole Lamboley
& ANN's Phil Johncock (.wmv format - uses Windows Media Player
) PowerPoint Slides for July 10 Webinar AB 60 Special Report III
(transcription of July 10 webinar in a searchable.pdf: 11,725
words, 31 pages) AB 60 Special Report II (to be issued after Final
Adoption of Regulations) AB 60 Special Report I (to be issued in
2014) Sample Timeline to Educate Board/Staff/Volunteers Regarding
AB 60 Solicitation & Compliance AB 60 Solicitor Checklist (peer
review)