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.
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.
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.
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 most startup organizations that have two founders. (See our sample Bylaws – One Founder as the Sole Member if the organization has only one founder.)
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.
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.
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 most startup organizations that have a single founder. (See our sample Bylaws – Two founders as the Only Members if the organization has two founders.)
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.
This sample document is for a Pennsylvania nonprofit corporation that has sole Member who is a living individual, and who would like to appoint a successor sole Member to the organization. If you designated yourself as a sole member when founding a nonprofit corporation, and are developing a succession plan, this sample succession planning document is a great resource.
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.
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.
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.
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.
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.
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.)
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.)
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.
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.
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.
