Basics of Nonprofits Corporations

What is a Nonprofit?

*      Over 1 million nps in US

*      Over $300 billion contribution to economy

*      Nonprofit status determined by IRS and by states

*      Basic self-explanatory definition – nps are organized to not make money. 

*      NPS are incorporated and have a structure. 

*      Public service as a primary goal rather than the making of profit     

*      Money

Basic elements of a nonprofit include:

*      A public service mission.

*      Organized as a charitable corporation.

*      Governance structures must preclude self-interest and private financial gain.

*      Exempt from paying federal tax.

*      Gifts made to them are tax deductible.

*      501©3

The Mission Statement

The Organization

Duties of Trustees 

*      Determine the organization’s mission and set policies for its operation, ensuring that the provisions of the organization’s charter and the law are being followed.

*      Set the organization’s overall program from year to year and engage in longer range planning to establish its general course for the future. 

*      Establish fiscal policy and boundaries, with budgets and financial controls.

*      Provide adequate resources for the activities of the organization through direct financial contributions and a commitment to fund raising.

*      Select, evaluate, and, if necessary, terminate the appointment of the chief executive. 

*      Develop and maintain a communication link to the community, promoting the work of the organization.

Governing documents that Trustees work within

*      Policymaking 

*      Articles of incorporation (charter)

*      Bylaws (detailed and specific procedures affecting the trustees themselves)

Trustees should not:

*      Engage in the day-to-day operation of the organization.

*      Hire staff other than the chief executive.

*      Make detailed programmatic decisions without consulting staff.

Planning 

*      The short term (the next year)

*      The medium term (the next five years)

*      The long term (the next decade

*      Action or implementation plan developed by the staff

Activities that a board should generally consider in the planning area:

*      Appointing a planning committee.

*      Holding periodic retreats.

*      Establishing goals and objectives in advance of every new year.

*      Reviewing the operational and financial consequences of these goals and objectives.

Fiscal Responsibilities

*      Liability

*      Who will approve invoices and sign checks?

*      Will individual staff members who are responsible for finances be bonded? 

*      Will the treasurer be bonded?

*      Should the organization allow first person checks that are not countersigned?

*      Should the books be audited by an outside examiner?

Fund Raising

Advisory Boards

          Advisory committees can be permanent or temporary.

          Typical functions of an advisory committee:

*      Fund raising

*      Addressing political problems

*      Handling public relations

*      Reviewing programs

*      Serving as advocates in the community

*      Community feedback

*      Evaluating performance

*      Technical expertise

*      Liaison with another organization

*      Providing an independent, unbiased sounding board

Questions to consider when creating an advisory committee:

*      What is the purpose of the committee?

*      What will the organization expect the individual members of the committee to do to achieve the above purpose?

*      To whom will this committee report?

*      Who will have the authority to select its members?

*      Who will provide the staff?

*      How will the organization recruit members?

*      How large should the committees be to carry out its purpose?

*      What is the nature of the relationship between the governing board, the staff, and the advisory committee?

*      What are the financial costs for the committee on an annual basis?

*      To what extent are the executive director and the officers of the governing board in favor of the committee?

*      Will the committee members need liability insurance?

 

Common problems with Advisory Committees:

*      Lack of clarity in purpose, role, or scope.

*      Ignorance about or lack of commitment to mission of parent organization.

*      Unclear expectations of individual members.

*      Lack of leadership and support from the executive director or other key staff members.

*      Improper or inappropriate composition.

*      Weak organization and structure.

*      Lack or interaction with and feedback from the governing board or appointing authority.

*      Under-utilizating of advisory board members.

*      Overstepping advisory role.

*      Absence of orientation and/or continuing education programs.

*      Haphazard selection process.

*      Formed to `fix’ an organization in crisis.

 

The Chief Executive

 

Volunteers

*      Volunteer coordinator