Primer and 21st Annual Institute on Advising Nonprofit Organizations in Colorado Out of Stock
Co-sponsored by the Business and Taxation Law Sections of the Colorado Bar Association
Quantity
May 2012
21st Annual Institute on Advising Nonprofit Organizations in Colorado and Primer
Program Highlights:
- A Four-Subject Primer
- 2012 Tax Law Update
- Politics 2012: Shifting Sands-Politics & Non-Profits
- Employment Law
- Real Estate Law: An Overview for Tax Exempt Organizations
- Digital Information Compliance for Non-Profits
- Working with Volunteers
- Ethical Obligations of Attorneys
- Anatomy of Employee Embezzlement-Case Histories, District Attorney Involvement and Avoidance Techniques
Program Description:
As in recent years, this year's Institute includes a Day 1 primer 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 Day 2 Advanced Program will focus in depth on four areas that are both timely and of long-standing interest-an annual update of recent federal and state tax law developments, working with volunteers, and the emerging issues of employment law that affect nonprofit organizations.
The Advanced program concentrates on real estate issues unique to nonprofits and key considerations when dealing with a real estate transaction; the principal sources of digital information law affecting nonprofits, including compliance; politics in 2012 and easily overlooked pitfalls for 501(c)(3) organizations, ground rules when it comes to candidate-related activity and lobbying; and , not to mention lobbying; and ethical obligations of attorneys.
The Keynote Luncheon address will discuss how to deal with the district attorney when embezzlement has been discovered by the nonprofit entity.
Primer Topics:
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). It will begin with an overview of the varied 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), the relationship between its public benefit requirement and private inurement prohibition, and its restrictions on lobbying and political campaign involvement.
Presented by:
Cara G. Lawrence, Esq.
Heizer Paul Grueskin LLP
Denver, 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.
Pendleton Friedberg Wilson & Hennessey P.C.
Denver, Colorado
Operational Issues for Tax-Exempt Organizations
After you have formed your nonprofit corporation and obtained tax exemption, there are a number of operational issues to remember to retain your tax exemption and keep your organization running smoothly. This session will give a brief overview of many of these operational issues, including the holding of board meetings, keeping meeting minutes, board policies, charitable solicitation registration rules, and Form 990 filing requirements.
Presented by:
John Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, CO
Institute Topics:
2012 Tax Law Update
The annual Tax Update will alert practitioners to recent federal and state tax law developments in the exempt organizations area that are either of lasting importance or unusual in their own right. The presenter will address such topics as legislation and administrative pronouncements affecting health care organizations, revocations of exemption, and the Internal Revenue Service's on-going efforts to impose its view of appropriate governance practices on nonprofit organizations.
Presented by:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
Working with Volunteers
Volunteers are used by most nonprofit corporations. For some nonprofits, volunteers are essential to their success and vitality. However, the use of volunteers does not come without some legal complexity. This session will cover legal issues unique to the use of volunteers. Topics to be discussed include liability concerns and the federal Volunteer Protection Act of 1997, background checks for volunteers, and the question of when a person crosses the line from being a volunteer to being an employee.
Presented by:
Susan Campbell, Esq.
Bryan Cave LLP
Denver, Colorado
Employment Law
Some of the biggest changes in employment law of late stem from new applications and interpretations of old laws in response to changes in the workplace. Discrimination has taken on some new forms (e.g. based on genetic information), and retaliation claims now outnumber other types of discrimination claims. In addition to the fundamentals, this program will bring you up to date on the latest developments in the field of employment law.
Presented by:
Susan M. Schaecher, Esq.
Stettner Miller PC
Denver, Colorado
Keynote Luncheon Presentation-Anatomy of Employee Embezzlement-Case Histories,
District Attorney Involvement and Avoidance Techniques
Presented by:
Joseph M. Morales, Esq.
Denver Chief Deputy District Attorney
Economic Crime Unit
Denver, Colorado
Real Estate Law: An Overview for Tax Exempt Organizations
Whether engaged in leasing, purchasing, financing or constructing an office or service facility, nonprofit organizations quickly become involved in the world of real estate law. This overview will focus on the key considerations when dealing with a real estate transaction from start to finish. Issues unique to nonprofits such as property and sales tax as well as affordable housing issues will also be addressed.
Presented by:
J. Marcus Painter, Esq.
Holland & Hart, LLP
Boulder, Colorado
and
Christopher Gunlikson, Esq.
Holland & Hart, LLP
Boulder, Colorado
Digital Information Compliance for Non-Profits
This presentation will outline the principal sources of digital information law affecting nonprofits and explore their impact. The presentation will explain how data security risks affect nonprofits' privacy and data retention policies. The presenter will explain how Federal law and regulation impact non-profits, including explaining nonprofits' needs for compliance with FTC Red Flag Rules and the application of HIPAA and HiTECH laws. The presenter will discuss the application of state data security and privacy legislation, such as Massachusetts' “Mass Data Security Law” and California's data breach notification laws. Finally, the presentation will highlight the effects of third party standards, including applying Payment Card Industry (PCI) Data Security Standards, on nonprofit practices.
Presented by:
Dominick Sekich, Esq.,
Moye |White LLP
Denver, Colorado
Politics 2012: Shifting Sands-Politics & Non-Profits
State and federal elections are in full swing and, in just a few months, voters will elect a new President and House of Representatives (after the national round of Congressional redistricting). The 2010 election cycle was the first one affected by the Citizens United decision. With that experience, as well as recently adopted campaign finance regulations and an almost-constant drumbeat about politics, how will nonprofits cope in this new environment? What are the easily overlooked pitfalls for 501(c)(3) organizations? What ground rules should guide other nonprofits when it comes to candidate-related activity, not to mention lobbying? One of the state's leading political law practitioners will help lead the discussion of these timely and critical issues.
Presented by:
Mark Grueskin, Esq.
Heizer Paul Grueskin LLP
Denver, Colorado
Ethical Obligations of Attorneys
Presented by:
Ericka F. Houck Englert, Esq.
Assistant Regulation Counsel
Office of Attorney Regulation
Denver, Colorado
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $379.00 USD
- Member Price $329.00 USD
- General Credits 12.00
- Ethics Credits 1.00
- EDI Credits