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Staying Legal

Staying LegalRunning a nonprofit is not just choosing a mission and doing the work. There are forms to file, red tape to cut through and checklists of things you need to attend to. Our staying legal page provides resources and the latest information about maintaining compliance with legal requirements and IRS regulations.
 

50-State Charitable Solicitation Compliance Guide

Source: National Council of Nonprofits and Harbor Compliance
The National Council of Nonprofits and Harbor Compliance partnered to publish "Charitable Solicitation Compliance", a free white paper that explains the why, when, and how of fundraising registration for all 50 states.
Posted on: June 8, 2017
Topics: Fundraising | Legal

New Hampshire Fundraising Registration Guide

Source: Harbor Compliance
Harbor Compliance's "New Hampshire Fundraising Registration" guide includes everything you need to legally raise funds in the state.
Posted on: June 8, 2017
Topics: Fundraising | Legal

NH Secretary of State Annual Report

Source: NH Secretary of State
2015 is a renewal year with the Secretary of State's Corporation Divison for NH nonprofits, meaning that all NH nonprofits must file an annual report before January 1st, 2016.
Posted on: October 5, 2015
Topics: Legal | Nonprofit Basics

Alliance for Justice Tips on "How 501(c)(3)s Can Respond During an Election Year"

Source: Bolder Advocacy
As the 2016 races heat up, nonprofits may feel the urge to comment on the issues discussed by candidates. However, the rules surrounding 501(c)(3) advocacy are murky and the consequences can be severe. Luckily, the Alliance for Justice's Bolder Advocacy initiative recently released a "Commenting on Candidates and Campaigns" guide that covers the dos and don'ts of issue advocacy and education.
Posted on: July 14, 2015
Topics: Communications for Advocacy | IRS | Legal

Protect Directors and Officers from Legal Liability

Source: Nathan Wechsler & Company
Directors and officers of nonprofits can be held personally responsible for the actions of their organizations, including claims of wrongful termination, volunteer injury, and more. Nathan Wechsler & Company's recent newsletter explains the importance of directors and officers insurance, how it can protect you from crippling legal and settlement fees, and explains the often misunderstood concept of insurance "allocation".
Posted on: June 9, 2015
Topics: Board | Human Resources | Legal | Risk Management

Is it Time to “B” a Part of the Social Responsibility Movement?

Source: Devine, Millimet & Branch, P.A.
Rebecca Kane, an attorney in the Corporate Department of Devine, Millimet & Branch, P.A., explains the difference between the typical “C” and “S” corporations and the new “B” corporations, which were only recently made available as an option in NH.
Posted on: February 20, 2015
Topics: Entrepreneurship | Legal | Starting a Nonprofit

NH Department of Labor Safety Summary Form Reminder

Source: NH Department of Labor
The NH Department of Labor has sent out a reminder about changes to the requirements for employers for filing a Safety Summary Form. Since the relevant RSA was changed in 2013, business are no longer required to file the form bi-annually.
Posted on: January 29, 2015
Topics: Human Resources | Legal | Operations

Equal Pay Law Change and New Mandatory Poster

Source: NH Department of Labor
Effective January 1, 2015, RSA 275:37, relative to Equal Pay, is changed and there is a new mandatory poster for employers.
Posted on: December 18, 2014
Topics: Human Resources | Legal | Operations

Form W-2 Reporting of Employer-Sponsored Health Coverage

Source: IRS
The IRS explains new requirements for reporting the cost of coverage for employer-sponsored group health plans, which includes a helpful chart of what must be reported, what doesn't have to be reported, and what's optional.
Posted on: December 15, 2014
Topics: Healthcare Reform | Human Resources | IRS | Legal | Operations

How to Approach a Proposed Merger of Nonprofits

Source: NH Business Review
Don Crandlemire, shareholder at the law firm Shaheen & Gordon, writes for NH Business Review on the difficulty of nonprofit mergers and some specifics to the merger process in NH.
Posted on: November 14, 2014
Topics: Collaboration | Leadership | Legal

SHOP Exchange Required in 2014 for ACA Small Employer Tax Credit

Source: Devine Millimet
Patricia M. McGrath, Esq. of Devine Millimet explains the new SHOP Exchange participation requirement for the Affordable Care Act's small employer tax credit.
Posted on: June 26, 2014
Topics: Healthcare Reform | Human Resources | Legal | Operations

IRS Relief from Affordable Care Act's Employer Mandate

Source: Bernstein Shur
Last July, the Obama administration delayed the effective date of the mandate until January 1, 2015. In regulations issued on February 10, 2014, the IRS has further delayed implementation for some employers, and temporarily relaxed compliance standards for others.
Posted on: March 10, 2014
Topics: Healthcare Reform | Human Resources | IRS | Legal

IRS Q&A on Affordable Care Act's Employer Shared Responsibility Provisions

Source: IRS
The IRS has published a Q&A covering the most common questions about the Employer Shared Responsibility provisions of the Affordable Care Act, how to tell if it applies to you, how to calculate the cost if of your payment if you don't comply, and information on transition relief when it goes into effect in 2015.
Posted on: February 26, 2014
Topics: Healthcare Reform | Human Resources | IRS | Legal

Year-End Deadline Fast Approaching for Non-Profits to Fix their 403(b) Retirement Plans

Source: Devine Millimet
Time is running out for non-profit organizations maintaining so-called Section 403(b) retirement plans for their employees to bring their plans into compliance with Internal Revenue Service (“IRS”) requirements before the end of the year to avoid stiff penalties.  Review your 403(b) plan as soon as possible to determine whether it is in compliance because waiting until January to fix certain plan issues will double the cost of the corrective IRS filing if any issues exist.
Posted on: November 18, 2013
Topics: Human Resources | Legal

New Relief from the Use-It-Or-Lose-It Rule for FSAs

Source: Devine Millimet
The IRS recently issued guidance allowing employers to loosen the rules for the administration of their Flexible Spending Arrangements, or FSAs.
Posted on: November 13, 2013
Topics: Human Resources | Legal

Employers Beware of Form I-9 Changes

Source: NH Business Review
The changes to the Form I-9 that took effect back in May could cause problems for employers if you're not paying attention. Make sure you're protected in case of an audit.
Posted on: July 12, 2013
Topics: Human Resources | Legal

What You Need to Know Before Starting a Nonprofit

Source: Center for Nonprofit Management
Get Ready, Get Set: What You Need to Know Before Starting a Nonprofit is a free guide from the Center for Nonprofit Management will help you to explore preliminary questions, such as "is there an unmet need in the community?" and "will the organization attract sufficient resources to make the project viable?" The booklet then describes the legal steps involved in incorporation and securing tax exemption status, and concludes with an overview of management systems.
Download the PDF
Posted on: April 24, 2013
Topics: Legal | Nonprofit Basics | Starting a Nonprofit

NH Department of Labor

The NH Department of Labor website provides information and resources employment issues in NH. The site hosts important information for both employers and employees. Be sure to visit their FAQ pages for answers to commonly asked questions on topics such as: They also maintain a list of mandatory workplace posters, available for download as PDFs. View the list of downloadable mandatory workplace posters. Visit the NH Department of Labor website.
Posted on: February 28, 2013
Topics: Human Resources | Legal

Legal Update: Firing Someone for Slamming Their Nonprofit Employer on Social Media

With the advent of social media, employees have begun posting comments about their employers on their Facebook pages. Some have gotten fired for it, but in a few cases, employees have been successful in challenging their dismissal as an unfair labor practice. If the dialogue that occurred in a social media posting constitutes "protected concerted activity" then the firing is illegal and the employee can be reinstated. Learn more about "protected concerted activity" and what you can and cannot put in your social media policies.   Read More...
Posted on: February 28, 2013
Topics: Human Resources | Legal | Social Media

New Online Courses from Stay Exempt

Stay Exempt – a Website of the IRS office of Exempt Organizations (EO) offers a series of dynamic and comprehensive tax courses that can help your tax-exempt organization maintain its exempt status and meet its filing requirements. EO strives to support the IRS mission of ensuring that all customers understand and meet their tax responsibilities. It does this by offering specialized assistance to the full range of organizations exempt from Federal income tax under the Internal Revenue Code. EO's programs and services help these organizations understand and comply with tax laws and regulations governing their tax-exempt status. Visit StayExempt.org to access the resources.
Posted on: February 28, 2013
Topics: Legal

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Federal rules, state rules, the IRS...Learn more about staying in compliance with the many requirements for small businesses and nonprofits on NonprofitNext


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