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Oh great, I hope that's going well. And thanks for your support, I'm planning on doing more with this RUclips channel in the coming months.

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That's a really good idea, thanks -- I will work on that. I believe most states have a version of charitable immunity and there is also the federal Volunteer Protection Act of 1997.

@@se4nonprofits I would also look at the new California law AB 488 for charities. Not a lot of people talking about it but it's huge.

Yes, same process. But also a 501(c)(4) needs to timely submit a Form 8976 notice (after the EIN).

@@se4nonprofits Thank you so much!!!!

Yes, many public charities use the word "foundation" in their name. That doesn't make the organization as "private foundation."

@@se4nonprofits Thank you very much for the reply!

I believe it should. It's best to have as little ambiguity as possible.

I never said it was easy to do, I said there are potentially ways to correct it and it will cost time and money. See 2:20 of the video: you can submit a Form 8940 for reclassification on the basis of an "erroneous determination of private foundation status." But you generally need to show that it was actually erroneous and that the organization has been satisfying the tests.

I thought some more about your question and I think I can clarify further: what I said was fairly easy to do is to switch between different public charity statuses - i.e. between the 509(a)(1) / 170(b)(1)(A)(vi) test and the 509(a)(2) test. You do this on the Form 990 simply by filling out a different section of the Schedule A. You CANNOT use this process to fix an erroneous classification of the organization as a private foundation.

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​@@michaelbyrd2460 The officers of a nonprofit organization are very often volunteer Board members of the organization. Look at your organization's Bylaws and proceed accordingly (if you don't have Bylaws, the Board should adopt those first).

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Thank you so much for this information was really helpful, I have been tasked to create the minutes and this is my first try. I work for a non for profit organisation and although I have management experience I don’t have the board meeting minutes experience as I have never written them before. To help me with them I will be recording the minutes just so I understand what is what and who is what and so I can draft these minutes easy. Would you have a template that could assist me?

Yes, with cash basis accounting a transaction would be recorded as an expense when the funds are removed or disbursed from the bank account and no longer are shown on the bank statement, or as income the when funds appear (on the bank statement) or are shown as an addition (deposit) to the bank account on the bank statement.

And this would be the company books? So if someone were to write a check in Nov they wouldn't record it in their books until it cleared. What if it didn't clear till the following year? Same with a deposit .

That would mean your books are identical to your bank statement..including dates? Even if the check has a date on it 3 months prior.. no need to reconcile.

To clarify, the point of the video was that we don't recommend the "get" option for any organization (the way you phrased your comment makes it sound like we said otherwise). As for required Board gifts in general: with 509(a)(2) organizations, you are correct that Board gifts are not treated favorably under the 509(a)(2) public support test. However, the impact really depends on the amounts involved and the size of the organization. For example, the Shakespeare Theatre in DC appears to have annual revenue of $15-20 million and it appears they generally pass the 509(a)(2) test with over 87% public support. I don't know whether they require a minimum Board gift, but if they were to require each Board member to annually give $1,000 (or even $5,000 or $10,000) that would have an extremely minimal impact on their public support test, while being able to say 100% of their Board have donated could have a significant upside when it comes to fundraising and public perception.

Yes, using a supporting organization can work (for organizations that are advanced enough to navigate those requirements). I try to just cover the basics in these videos, but maybe we should do some more advanced topics/strategies as well. I did do a very basic video on supporting organizations here, feel free to share your thoughts on that one: ruclips.net/video/iay5Zyy4tGg/видео.html

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Thank you!

It depends on what the organization's own Bylaws or internal policies/guidelines say (if they address this topic at all). However, in most cases any Board member can make a motion or second a motion including President (assuming the President is also a Board member). Of course, the same person shouldn't both make the motion and second it.

Not exactly, although the distinction can get confusing. The Articles of Incorporation and Bylaws are governing documents that contain the rules for how the organization is run. Motions and resolutions are just proposals for any action to be approved by the Board. The Board shouldn't be approving motions or resolutions that are not consistent with the Articles and Bylaws, except there can be a motion or resolution to amend the Articles and/or Bylaws. I hope that helps!

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Our pleasure, thanks for watching!

I didn't forget, it's just that getting into those concepts would have made this a 15-minute lesson rather than a 5-minute lesson 😁