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.
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.
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.
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.
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.
Loans made to a nonprofit organization must be documented contemporaneously in writing. This sample loan agreement is useful for short-term, zero-interest loans made to the organization.
Keeping good meeting minutes is an art and not a science, but this template and its tips provide a framework for consistently keeping good records for your nonprofit organization.
This guide sheet is incredibly handy for lawyers and other professionals looking for a quick and reliable reference to the legal authority that provides for the fiduciary duties of directors of Pennsylvania nonprofit corporations. Packed with quotations and citations from Pennsylvania’s statutes and case law, this detailed 5-page resource charts each of the primary fiduciary duties (i.e., the duties of care, loyalty, and obedience – as well as other essential duties), and includes corresponding legal excerpts and references for each of them. This resource also bullet points the actions board members take to fulfill these duties.
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.
With detailed commentaries, cross references, and citations, this annotated statute is an essential resource for legal professionals serving Pennsylvania nonprofit corporations. It’s an especially helpful tool for professionals who are in private practice or serving as in-house counsel, but also for courts and regulatory agencies with jurisdiction over the nonprofit sector, and for those who are teaching and studying nonprofit law.
With detailed commentaries, cross references, and citations, this annotated statute is an essential resource for legal professionals serving Pennsylvania nonprofit corporations. It’s an especially helpful tool for professionals who are in private practice or serving as in-house counsel, but also for courts and regulatory agencies with jurisdiction over the nonprofit sector, and for those who are teaching and studying nonprofit law.
Starting a nonprofit in Pennsylvania can be a simple process, and one you can do on your own – if you have the time and patience. Designed to accompany our How-to Guide on Starting a Nonprofit, this kit packages up the startup resources that are for sale on PAnonprofitlaw.com, offering them in one convenient download for a discounted price.
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.
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.)
Use this template language to meet the legal notice requirements for advertising the existence of your new nonprofit corporation in Pennsylvania.
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.
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.
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.
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.
Get a grip on membership to protect your organization from turmoil and takeovers. This guide sheet helps founders and leaders understand the role of members in the governance structures of Pennsylvania nonprofit corporations. Packed with information presented in easy-to-understand terms, this 2-page resource contains a visual representation to help explain the concept of membership, lists the fundamental rights of voting members in Pennsylvania nonprofit corporations (with helpful legal citations to the applicable statutory provisions), and addresses commonly asked questions about member liability.
This version of our guide sheet explaining the role of members in nonprofit organizations is also designed to aid legal professionals, to provide easy access to Pennsylvania’s applicable statutory provisions. This version of our guide sheet can help you make quick work of navigating the Pennsylvania Nonprofit Corporation Law provisions relating to membership and can help inform your work, whether you are drafting or reworking any membership provisions in bylaws, or simply need to understand and home in quickly on the legal authority behind the role of members.
