Delivering Knowledge and Tools to Nonprofits
Legal Survival for Nonprofits
At a Glance...
Nonprofits, are you struggling with financial and structural health of your organization? Community Legal Resources (CLR) has developed program offerings to assist nonprofits in addressing three key legal areas...
- Date: November 30, 2010
- Time: 2-5 pm
- Location: Battle Creek Area Association of Realtors view directions
- Room Location: Large Conference Room
- Price: $35/NPA Member, $55/Non-member
- Contact: 269.565.2190
This workshop has been postponed.
Nonprofits, are you struggling with financial and structural health of your organization?
Within the current economic climate Michigan’s nonprofits, especially those serving low income and disadvantaged communities, are increasingly vulnerable to financial hardships. In an effort to protect the valuable services and resources provided by these nonprofit organizations, Community Legal Resources (CLR) has developed program offerings to assist nonprofits in addressing three key areas: Restructuring Basics, Corporate Governance, and Employment Issues. A panelists of three attorneys will discuss these issues and field questions from the audience.
Restructuring Basics
Many nonprofits are either not focused on strategic alliances or purposely avoid them. This presentation envisions the identification of the legal needs in some of the more common alliances or actions. For example, shared space or shared employees can be a way for organizations to save funds. What is needed to do that? How would it be handled? Is it as simple as an MOU? We have been trying to get away from the thinking that strategic alliance always means merger.
Corporate Governance
While the emphasis in the nonprofit community is frequently on the increased need for funding, the purpose of this topic is to provide an understanding of the importance of proper governance in the growth and sustainability of nonprofits
The following are the types of questions related to governance that we have received from clients:
· What risks are board members exposed to in the event an organization’s solvency is challenged and how do they mitigate those risks?
· What happens if you become insolvent, what are the criteria for insolvency?
· What corporate financial obligations might individual board members be liable for if a nonprofit declines or closes?
· There are a lot of governance questions on the new Form 990, are any of these legal requirements now?
Employment
The purpose of this section is to address the pressing employment matters facing nonprofits in this economic environment. Some questions to consider:
· Do you have a present need or are you preparing for the possibility that you may need to reduce your workforce?
· Do you have policies and procedures in place for terminating employees?
· Have you considered other options (e.g. reduction of benefits, pay cuts, staff sharing, etc.)?
· Has the organization been subject to a wrongful discharge suit in the past?
· Are you considering replacing paid employees with Independent Contractors or Volunteers and do you have experience/procedures for interacting with these individuals?
· If applicable, do you have any concerns funding a pension plan or a defined benefits plan?
Workshop Details
November 30, 2010, 2-5 pm. Battle Creek Area Associations of Realtors, 7100 Tower Road, Battle Creek. Cost: $35/NPA Member, $55/Non-member. Register: www.nonprofitalliance.org.
About the Presenters
Paul Beardslee is an attorney with extensive board experience on behalf of non-profit organizations. He has served as Chairman of the Marshall Area Chamber of Commerce, President of the Marshall School Board, member of the Marshall City Council, and has served on the boards of churches and a boys' home. In his law practice, Beardslee has provided pro bono service to numerous non-profit organizations. He also serves on the board of directors for the Brass Band of Battle Creek.
Terry W. Bonnette is a graduate of Wayne State University Law School where he was a member of its National Moot Court Team. Mr. Bonnette has presented seminars on topics such as Michigan Wage and Hours Law, Advanced FMLA Issues, Hiring and Firing Within the Law, Disciplining and Discharging Employees, Who’s Accessing Your Technology, Religion in the Workplace, Identity Theft Prevention, and Employment Law in Strategic HR Management to and on behalf of the Institute for Continuing Legal Education, Sterling Education Services, American Society of Employers, Lorman Seminars, the Healthcare Association of Michigan, the Michigan Business and Professional Association, nursing homes, and Eastern Michigan University’s Department of Continuing Education. In addition, Mr. Bonnette is the author of numerous articles on a variety of labor and employment law issues.
Leslee M. Lewis has 15+ years experience representing nonprofit organizations in corporate & governance, contract, real estate, banking, mergers & acquisitions, organization/qualification and regulatory matters. She is counsel to nonprofits ranging from grass roots startups and community revitalization organizations to large foundations, national organizations, large health care nonprofits, and educational institutions. Leslee is also a seasoned speaker and author for the American Bar Association, American Law Institute - American Bar Association, the USGBC and the State Bar of Michigan on matters relating to green building, green leasing, real estate and financing. Leslee is on the National Editorial Board for ALI-ABA’s The Practical Real Estate Lawyer, andis Chairperson of the Residential Transactions Committee for the State Bar of Michigan Real Property Law Section. She Is a Phi Beta Kappa graduate of Alma College and Notre Dame Law School.