Insights
Publications

Nonprofit Basics: Amending Nonprofit Corporation Bylaws

August 15, 2022 Podcast
EO Radio Show

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers legal aspects of amending the bylaws for a nonprofit corporation to change its governance, to update the bylaws for changes in the laws, or to conform the bylaw provisions to how the board is actually governing the organization.

I'll address the approvals that may be required to amend the governance provisions, how the amendments need to be reported to the IRS and state regulators, and some thoughts on recent developments for emergency governance provisions that nonprofit corporations may want to adopt.

Resources:

Addresses for submitting copies of amended bylaws:

Use IRS Form 8940 (Request for Miscellaneous Determination) to request determinations (other than initial exemption applications) about its tax-exempt status that may be affected by bylaw amendments. The one-page form is accompanied by instructions that specify what information needs to be submitted to support each of the nine types of requests that may be submitted.

Delaware Corporations Code Emergency Bylaws and Powers

California Corporations Code Emergency Bylaws and Powers

Public Benefit Corporations

Mutual Benefit Corporations

Religious Corporations

EO Radio Show Episode 1: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship

EO Radio Show Episode 3: Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Firm Highlights

Publication

A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, I'm delighted to bring you Part 2 of a conversation I had with Melissa Dalske, Chief Experience Officer at Nonprofits...

Read More
Publication

California’s Pay Transparency Act (SB 1162) – Are You Prepared?

This week the California legislature passed a pay transparency act that – pending Governor Newsom’s signature – will require significant changes in how employers draft job postings and how they report pay data to...

Read More
News

Welcome to EO Radio Show - Your Nonprofit Legal Resource

Read More
Publication

Nonprofit Basics: Insurance Coverage for the New Nonprofit

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Risk management for a nonprofit starts with good governance, effective management and appropriate policies for employment practices, conflicts of interest and financial management...

Read More
News

Chambers High Net Worth 2022 Ranks Farella Braun + Martel in Private Wealth Law

Farella Braun + Martel is pleased to announce that our Private Client Industry Group was again recognized in Chambers High Net Worth (HNW) as a leading practice in Private Wealth Law in Northern California...

Read More
News

Julie Treppa Elected Fellow of American College of Tax Counsel

Julie Treppa headshot
Read More
News

50 Farella Lawyers in 2023 The Best Lawyers in America® and the Best Lawyers: Ones to Watch in America™; 4 Lawyer of the Year Awards

Read More
Publication

Survey of Pay Disclosure Laws Across the Country

There has been a wave of new state and local legislation focused on pay transparency for job applicants. Right now, Colorado State and Jersey City are the only jurisdictions that require employers to provide...

Read More
Publication

New California Bill Requires Employers to Offer Bereavement Leave

AB 1949 , a bill passed by the California legislature and awaiting Governor Newsom’s signature, would require California employers to offer five days of bereavement leave to employees each time they lose a spouse...

Read More
Publication

Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, we address the fiduciary duty of a nonprofit board when setting its investment policies and how to think about impact...

Read More