22nd Annual Institute on Advising Nonprofit Organizations AND A Primer
May 2013
22nd Annual Institute on Advising Nonprofit Organizations in Colorado and A Primer on Advising Nonprofit Organizations
Program Description:
The 2013 Primer is designed to introduce practitioners to more general aspects of the laws governing the formation and operation of nonprofit organizations, obtaining and retaining tax-exempt status, the distinctions between public charities and private foundations, and operational issues for tax-exempt organizations.
The 22nd Annual Institute will present a comprehensive analysis of legal issues of concern to nonprofit organizations. The program will benefit attorneys, key representatives of nonprofit organizations, including board members, executive directors, chief financial officers, accountants, and representatives of governmental agencies.
Topics Day 1 - PRIMER
Organization of Nonprofit Entities
Nonprofit corporations in Colorado may be formed for “any lawful business or activity,” and the flexibility of Colorado's nonprofit corporation statute lends itself to structuring nonprofit corporations in ways that accommodate a wide diversity of circumstances. This session will begin with the mechanics of creating a nonprofit corporation and then proceed to consider many of the different ways in which they may be governed, including a discussion of the relative rights and responsibilities of members and directors. This session will also touch on important areas of compliance with the Colorado Revised Nonprofit Corporation Act.
Presented by:
Denise D. Hoffman, Esq.
Mastin Hoffman & Crews LLC
Greenwood Village, Colorado
Obtaining and Retaining Tax-Exempt Status
This session will provide a basic introduction to the tax law applicable to organizations described in Section 501(c) of the Internal Revenue Code. It will begin with an overview of the different categories of tax-exempt organizations, including social welfare organizations, trade associations, and social clubs, and will then focus on the requirements for qualifying and operating as a Section 501(c)(3) charity. In that regard, this presentation will explore the types of activities that can be considered to fall within the scope of Section 501(c)(3), including charitable, educational and scientific activities; the relationship between its public benefit requirement and private inurement prohibition; and its restrictions on lobbying and political campaign involvement. It also will touch on differences between Section 501(c)(3) organizations and other Section 501(c) organizations with respect to activities like lobbying.
Presented by:
Becky Farr Seidel, Esq.
Leaffer Law Group LLC
Boulder, Colorado
Public Charities, Private Foundations, and Unrelated Business Taxable Income
This session will clarify the complexities of qualifying a Section 501(c)(3) organization as a public charity, as well as the consequences of its failure to establish or maintain that status and thus becoming classified as a private foundation. The second half of this presentation will explore the taxation of unrelated business taxable income, with a special emphasis on how to recognize which activities may generate taxable income and strategies for avoiding or minimizing it.
Presented by:
Samantha White, Esq.
Baker & Hostetler LLP
Denver, Colorado
Operational Issues for Tax-Exempt Organizations
Tax-exempt organizations deal with a number of operational issues. Some of these issues are similar to those dealt with by for-profit organizations. Other issues are unique to tax-exempt organizations. This session will discuss a few of such operational issues, including the annual return (Form 990) filing requirements, basic board governance issues, and charitable solicitation registration rules. An understanding of these topics will help the organization to retain its tax exemption and operate smoothly.
Presented by:
John Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
Topics Day 2 - Institute
2013 Tax Law Update
The annual Tax Update will highlight selected federal and state tax law developments throughout the past year, focusing on those that illustrate significant principles of exempt organizations tax law. The presenter will address such topics as the final regulations on supporting organizations, the IRS's group exemption initiative, the final chapter in automatic revocations of exemption, and guidance for tax-exempt health care institutions.
Presented by:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
Employment Law
Employment issues - including allegations of retaliation against whistleblowers, discrimination against newly emerging protected interests, and even traditional disputes over wage and hour laws - quite possibly form the largest and most common category of claims against nonprofit organizations. This session will cover both the essential principles of employment law applicable to nonprofit employers, as well as recent developments that emphasize new areas of potential liability for which nonprofit organizations should be on the alert.
Presented by:
Susan M. Schaecher, Esq.
Stettner Miller PC
Denver, Colorado
Complex Legal Structures: Use of Subsidiaries and Structuring Relationships With Nonprofits and For-Profits
Today's nonprofit organizations utilize a wide variety of legal entities and structures in order to carry out their mission and programs, protect themselves from liability, and affiliate with both nonprofit and for-profit organizations for both business and program-related reasons. This session will cover why a nonprofit organization may want (or need) to create a complex legal structure or enter into a relationship with other nonprofits or for-profit organizations, including the use of tax-exempt subsidiaries such as limited liability companies, supporting organizations, and structures involving affiliated 501(c) organizations; use of for-profit subsidiary corporations; entering into joint ventures with businesses; and the use of program related investments.
Presented by:
Cara Lawrence, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Compliance and Enforcement - A Regulator's Perspective
Nonprofit organizations cannot ignore the fact that the community as a whole has an interest in their behaving responsibly and that there are public officials with the authority to ensure that they do so. Using actual case studies, the luncheon speaker will focus on compliance efforts within the Colorado Attorney General's office and the range of enforcement actions available to that office when compliance falls short.
Presented by:
Alissa Hecht Gardenswartz
Colorado Attorney General's Office
Denver, Colorado
Investment Policy Planning for Nonprofits
This session will explore the procedures that prudent nonprofit organizations should adhere to in order to minimize the risk of loss and to improve the performance of their investment portfolios. The presenter will describe the considerations that enter into thoughtful investment policy statements, the importance of diversification among asset classes, the vanishing relevance of any distinction between income and principal, the role of benchmarks in evaluating investment performance, and the desirability of periodic investment reviews.
Presented by:
Wendy Dominguez, MBA
Principal , President
Innovest Portfolio Solutions LLC
Denver, Colorado
Scott Middleton, CFA
Principal, Director
Innovest Portfolio Solutions LLC
Denver, Colorado
Insurance Coverage Analysis for Nonprofits: How Protected is Your Organization?
While Colorado has a number of statutes which provide immunity and indemnification for directors, officers and volunteers, there is still a need for insurance as part of any risk management program. However, knowing what to look for is critical before making a decision as to what type of coverage the organization should obtain. An attorney with expertise in coverage analysis as well as a broker who works exclusively with the nonprofit sector will not only identify the types of insurance that are available (e.g. director & officers, employment practices, defamation, copyright infringement), but will also discuss issues such as deductibles, exclusions (e.g. antitrust certification programs), coverage (e.g. attorneys' fees inside or outside the policy) and areas of highest risk.
Presented by:
Jon F. Sands, Esq.
Sweetbaum Sands Anderson PC
Denver, Colorado
The Top Ten IP Issues for Non-Profit Organizations
Nonprofit organizations (NPOs) provide and collect information, solicit donations, advertise the organization and its mission, promote events and allow networking. This session will cover the top ten intellectual property related issues for NPOs, including website terms of service and privacy policies, when your domain is registered by someone else, use of confusing names by others, protecting your copyrights and trademarks, using copyrighted material of others, notices and disclaimers to include on your web site, linking to other sites, and solicitations your organization should avoid.
Presented by:
Pamela Hirschman, Esq.
Sheridan Ross PC
Denver, Colorado
The 501(c)(6) Entity: What Is It and Why Should It Worry?
Trade and professional associations (or as the IRS prefers “business leagues”) continue to play a major role in the tax exempt landscape. Every trade and profession appears to have one or more of such entities to which one can belong. There is even an association for associations. While a number of issues are constants (contracts, governance, employment), there is increased attention by government, media and members on the activities of these entities. Current “hot topics” will be reviewed including group exemption, traps in cyberspace, board/member dust-ups-a growing phenomenon, antitrust (alive and well-just ask a publisher), Form 990 reform, requests for documents, chapters/affiliates, best practices and applications for exemption.
Presented by:
William (Bill) Walters, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Primer Faculty:
Moderator:
John Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
Faculty:
Denise D. Hoffman, Esq.
Mastin Hoffman & Crews LLC
Greenwood Village, Colorado
Becky Farr Seidel, Esq.
Leaffer Law Group LLC
Boulder, Colorado
John Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
Samantha White, Esq.
Baker & Hostetler LLP
Denver, Colorado
Institute Faculty:
Planning Committee:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
John Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
William (Bill) Walters, III, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Moderators:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
William (Bill) Walters, III, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Faculty:
Wendy Dominguez, MBA
Principal, President
Innovest Portfolio Solutions LLC
Denver, Colorado
Alissa Hecht Gardenswartz
Colorado Attorney General's Office
Denver, Colorado
Pamela Hirschman, Esq.
Sheridan Ross PC
Denver, Colorado
Cara Lawrence, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Scott Middleton, CFA
Principal, Director
Innovest Portfolio Solutions LLC
Denver, Colorado
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
Jon F. Sands, Esq.
Sweetbaum Sands Anderson PC
Denver, Colorado
Susan M. Schaecher, Esq.
Stettner Miller PC
Denver, Colorado
William (Bill) Walters, III, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $379.00 |
| CBA Member | $329.00 |
| Member Nonprofit or Government Agency | $329.00 |
| CBA Business Law Section Member | $309.00 |
| Colorado Nonprofit Association Member | $309.00 |
| Colorado Society of Association Executives Member | $309.00 |
| CBA Tax Law Section Member | $309.00 |
| New Lawyer - Not a CBA Business Law Section Mbr; in practice <3 yrs | $269.00 |
| New Lawyer - CBA Business or Taxation Law Section Mbr; in practice <3 yrs | $169.00 |
| CLEACCESSPASS | $0.00 |
- General Credits: 12.00
- Ethics Credits:
- EDI Credits:
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