The right resources can make all the difference
These resources and the information provided on PAnonprofitlaw.com are for informational purposes only, not legal advice. For help with your nonprofit organization’s legal matters, always seek the advice of experienced legal counsel.
Use this template language to meet the legal notice requirements for advertising the existence of your new nonprofit corporation in Pennsylvania.
Nonprofits come in many different shapes and sizes, and they are more effective if their governing instruments reflect the constituencies that must be represented to make them work. Nonprofit consultants and “best practices” commentators often seem to assume that there is an ideal structure for nonprofit organizations that is embodied in a standardized set of bylaws taken off the shelf. But nonprofits are not all alike.
Although applying for an employer identification number (EIN) for a nonprofit organization can be a simple process, founders who are not in the know can waste time and money when applying for EINs. This guide sheet walks through the process step by step, warning of possible pitfalls.
This resource is a classic, and a “must read” for founders and lawyers representing nonprofit startups. It’s no surprise that it is the most popular Ready Reference Page published by Don Kramer’s Nonprofit Issues.
In 2022, the Pennsylvania legislature made major changes to the nonprofit corporation law (found in Title 15 of Pennsylvania’s Consolidated Statutes). This 10-page executive summary of those changes succinctly captures what’s new, focusing on how the amendments impact nonprofit corporations. Clear and easy to read, this time-saving resource distills the complexity of the 165-page PDF of redlined changes made to Act 122 (drawn from House Bill 2057) and includes citations to specific statutory provisions.
If you are not careful when selecting a name, you can stumble into some serious startup trouble and cost your organization some woes early on. Organizations changing names and going through a rebranding process can suffer the same fate. Download our legal checklist for choosing a name for a list of steps to take and things to think through when choosing a name for your nonprofit. This guide sheet is also a helpful resource when it comes to naming and branding your nonprofit organization’s programs.
This template is designed to help Pennsylvania nonprofit startups that want to obtain 501(c)(3) status avoid one of the most common mistakes during the formation process. This document contains IRS-required language along with other provisions to help protect your organization. To help you save time and money, this version is annotated with explanations and finer points for your consideration and for your discussion with your organization’s legal counsel.
Use this template to document the initial actions of the incorporator of your new nonprofit. It’s a document used to formally appoint the initial board members of the organization. (See also our Unanimous Written Consent by the Board – Startup Matters, used by an initial board of directors for taking other official corporate action as part of the startup process.)
On the IRS Form 990, the IRS asks tax-exempt organizations if they have a written whistleblower policy, and it’s a red flag when organizations can’t answer this question in the affirmative. This time-saving template helps organizations meet the legal requirements of the Sarbanes-Oxley Act (SOX) and provides a roadmap for handling any whistleblower complaints if they arise.
The IRS asks tax-exempt organizations on the IRS Form 990 if they have a written document retention and destruction policy, and it’s not a good sign when organizations can’t answer ‘yes’ to this question. This time-saving template educates organizations and encourages their compliance with the legal requirements of the Sarbanes-Oxley Act (SOX) by providing guidance for keeping, storing, and disposing of records and documents. It includes a chart listing specific documents and retention timeframes.
The IRS asks tax-exempt organizations on the IRS Form 990 if they have a written conflict of interest policy – and it’s never a good sign when organizations can’t answer ‘yes’ to this question. Pennsylvania’s charity regulators care, too. Even if an organization is not a charitable organization, Pennsylvania law only allows for related-party transactions in certain circumstances. This template policy is designed to help nonprofit leaders fulfill their fiduciary duties and keep their organizations in compliance. This version is a good starting point for boards that take conflicts of interest seriously and that want something more robust for identifying and screening conflicts of interest. It includes an annual disclosure form and provides a roadmap for screening and vetting conflicts.
The IRS asks tax-exempt organizations on the IRS Form 990 if they have a process for determining executive compensation that requires an independent review (and approval) of the proposed compensation, the use of comparability data, and contemporaneous substantiation of the deliberation and decision. This template policy meets those criteria and provides a roadmap for properly approving executive compensation.
Use this simple, time-saving template to authorize an organization’s Executive Director (or CEO) to make payments and approve transactions. Set thresholds for when additional approvals or signatures are needed.
This template consent helps memorialize the startup steps taken by the organization’s initial board of directors, creating a clear formal record for the organization’s minute book. The initial board of directors of a nonprofit organization uses this document to formally accept their board positions in writing, adopt bylaws and policies, appoint officers, and ratify the actions taken in the organization’s startup phase by the incorporator (and any members of the organization). Any other lawful actions they believe are in the best interests of the organization can be included in this consent as part of the startup process.
An organization that doesn’t have 501(c)(3) status yet but needs to communicate with donors about its tax status can use this letter to recognize donor contributions. This letter also includes language organizations can post on their websites while they are waiting for the IRS to recognize their tax-exempt status. (See also our Donor Acknowledgement Letter – Post-501(c)(3) Status.)
An organization that has 501(c)(3) status and needs to communicate with donors about its tax status can use this letter to recognize donor contributions. This letter also includes language organizations can post on their websites about their exempt status. (If your organization’s exemption ruling is pending, see also our Donor Acknowledgement Letter – Pre-501(c)(3) Status.)
Use this template board service agreement to set clear expectations for your board members. This document includes a summary of board duties and other provisions that can protect your organization and help it grow strong.
This one-page visual guide sheet provides a succinct overview of the three fiduciary duties of board members serving Pennsylvania nonprofit corporations – the duty of care, the duty of loyalty, and the duty of obedience – and bullet points the actions board members take to fulfill these duties.
This template is for a nonprofit organization that is named after a living individual who is agreeing to license his/her/their name and likeness for use by the organization for its identity and branding materials. This sample agreement contemplates that the individual licensor is the founder and sole Member of a Pennsylvania nonprofit corporation.
Quality bylaws that reflect contemporary best practices help keep nonprofit organizations healthy. This is our basic tried-and-true template, which provides a great start for non-member organizations (i.e., organizations that just have board members and do not have voting members in addition to board members). This template works for organizations that are either adopting bylaws for the first time or want a template to work from to amend and restate their existing bylaws.
This version provides for a self-perpetuating board of directors (i.e., a board of directors that elects successor board members). It also includes a cover note about special considerations, calling out provisions that organizations may want to pay closer attention to or tailor to their needs.
