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Best Practices in HDFC Governance
(Rescheduled from Thursday, February 25) |
| March 18, 2010 - 9:30 AM to 12:30 PM |
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| Housing development fund corporations ("HDFCs") are typically formed by and affiliated with another, sponsoring nonprofit organization ("Sponsor"). While the Sponsor might be vigilant about taking care of its governance, experience has shown that Sponsors often do not adhere to the same governance guidelines for their HDFC's. This workshop will focus specifically on the role of the Sponsor in forming the HDFC and the role of the Board of Directors in ensuring that the HDFC's corporate governance is consistent with best practices. It will also address how a Sponsor establishes control of the HDFC. The workshop topics will include a discussion on when you can use project reserves, fiduciary duties and obligations of HDFC directors under federal and state laws, measures that principals in an HDFC can implement to ensure adequate corporate accountability and procedural aspects of running an HDFC Board. For board members, executive directors, management and executive staff. |
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| Business Ventures for Nonprofit Organizations |
| Not Currently Scheduled |
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| Increasingly, nonprofit organizations are involved in implementing business ventures in order to promote job development, encourage neighborhood revitalization, and create new revenue stream to support their work. This introductory workshop explores (1) the different legal structures through which nonprofit organizations can participate in business ventures and commercial activity, with a particular focus on limited liability companies, for-profit subsidiaries, partnerships, and contractual joint ventures; (2) the benefits and disadvantages of these legal structures, with emphasis on the goals of protecting the nonprofit organization from potential liability, protecting the nonprofit organization's tax-exempt status, and raising outside capital for the business venture; and (3) sample operating agreements for a limited liability companies and other legal structures for operating business ventures. For nonprofit managers from organizations that are considering – but have not yet launched – a business venture. |
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| Collaborations and Services Agreements: Legal Issues Related to Consolidating Office Operations |
| April 22, 2010 - 9:30 AM to 12:30 PM |
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| Nonprofit organizations rely upon collaborations to enable them to deliver
services they cannot deliver alone. By collaborating, groups are able to draw upon outside expertise, expand geographic reach and tap otherwise unavailable resources (e.g., financial, personnel). With limited resources
to devote to back office operations, nonprofits are considering consolidating back-office operations with other nonprofits or contracting
with outside vendors for back office support.
This workshop will address the legal issues associated with collaborations and back office consolidations including: different options for structuring collaborative relationships, the process of selecting a collaborative partner, and memorializing the agreement among collaborators. For nonprofit organization personnel involved in initiating or developing agreements, contracts, subcontracts, Memoranda of Understanding, Letters of Intent, or other written reflections of collaboration. For management staff and board members.
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| Employment Law and Personnel Management |
| Not Currently Scheduled |
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| The most important resource that any nonprofit possesses is the “human capital” of its staff, and managing employees with legal compliance and sensitivity is a cornerstone of success. This workshop covers the employment and labor law issues commonly confronted by managers of nonprofit organizations. Including issues at the federal, state and local levels. Topics covered include the difference between independent contractors and employees; “exempt” and “nonexempt” employees under the wage and hour laws; developing and updating personnel policies and manuals; avoiding discrimination claims when hiring and firing; and the importance of personnel record-keeping. For board members, executive directors, and human resources managers. |
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| Employment Law: Beyond the Basics |
| Not Currently Scheduled |
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| As nonprofit organizations learn to cope with diminished resources, proper management of the most precious resource of all - the staff - becomes critical. Topics include legal aspects of reductions in force, including federal and state WARN obligations; proper calculation of overtime including how to determine working time and base rate of pay; leaves of absence and the new FMLA regulations; disability discrimination and accommodation; and more. Through role playing and other interactive activities in addition to lecture, course participants will have a chance to share best practices. Who should attend: Anyone with primary responsibility for human resource management. Familiarity with basic employment law concepts is highly recommended.
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| Executive Compensation and Related Party Transactions |
| April 7, 2010 - 9:30 AM to 12:30 PM |
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| Paying excessive amounts for management salaries or for goods or services provided by insiders is not only wasteful, but it also may result in Internal Revenue Service penalties or New York State action against a nonprofit organization and the responsible individuals. This workshop will provide legal and practical information for nonprofit organizations that
seek to enter into transactions with Board members and other insiders without being second-guessed, set compensation for executive directors and other senior managers in a way that won't be challenged, and comply with the
conflict of interest and related reporting requirements on federal Form 990. Our next workshop on this topic will be limited to approximately twenty-five participants from New York-based organizations and include
instructor/participant discussion. For board members, executive directors, and human resources professionals of nonprofit organizations that are exempt under sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code. |
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| Expanded Fundraising and Fee-Generating Activities: The Legal Framework (New) |
| May 5, 2010 - 9:30 AM to 12:30 PM |
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| As nonprofits seek to generate revenue to preserve their programs, many are considering new or different fundraising strategies. In addition, many are evaluating whether, when or how much to charge for goods and services that
they provide to the community. This seminar will review legal and regulatory issues that nonprofit managers should take into account when they engage in certain types of revenue generation activities beyond traditional fundraising appeals. Topics to be discussed include contract and compliance issues when
using a fundraising professional; issues particular to special events and online fundraising; legal restrictions and equirements for IRC 501(c)(3)organizations that charge fees for some of services; and recent changes in
New York sales tax rules that may require your organization to collect sales tax for certain activities. (Who should attend: Nonprofit managers. Familiarity with basic fundraising law workshop concepts is recommended).
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| Fundraising Law and Regulation |
| Not Currently Scheduled |
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| Community-based nonprofits seek contributions from a diverse array of sources – government, private foundations, corporations, individuals, and special event donors – and new ways of fundraising have opened up new opportunities to support their work. As nonprofits seek contributions from prospective donors, it helps to understand the regulatory framework. This workshop will present the basic federal and state law controlling fundraising by nonprofits in New York, including what types of donations are tax deductible; the documentation and disclosure rules imposed by the Internal Revenue Code; state charities registration and reporting requirements; and legal issues relating to particular types of fundraising gift restrictions such as auctions and solicitation on the internet. For nonprofit managers, development staff and others involved in nonprofit fundraising. |
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| Human Resource Management in Hard Times: Reductions in Force and Ways to Avoid Them |
| April 29, 2010 - 9:30 AM to 12:30 PM |
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| This seminar will discuss legally permissible ways to help conserve resources and avoid employee terminations. For those organizations who must terminate staff, the laws regulating reductions in force will be explained and demystified. This workshop will also highlight other legal risks facing employers in hard times, including the misclassification of employees, wage and hour violations, and union organizing campaigns. This seminar is designed for executive directors, board members, and officers with financial, operations, and human resources responsibilities.
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| Incorporation, Tax Exemption, and Fiscal Sponsorship |
| June 8, 2010 - 9:00 AM to 11:00 AM |
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| Forming a nonprofit organization is among the most satisfying and rewarding challenges that one can undertake – and getting off to the right start can mean the difference between success and failure. This workshop reviews the basic questions regarding the benefits and obligations of incorporation and tax-exempt status, and explains the requirements for qualification as a New York State not-for-profit corporation; the advantages and disadvantages of and procedures for incorporating; the importance of by-laws for any new organization. The workshop also explores the benefits of federal tax-exemption and the process for seeking that recognition, including the requirements of charitable purpose and a charitable class, the need to project specific revenues and expenses, the limitations on lobbying and political activities, and all aspects of the application process. The workshop also reviews alternatives such as fiscal sponsorship arrangements, and outlines registration and reporting requirements of not-for-profit corporations. For those who are interested in forming a nonprofit organization in New York. |
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| Incorporation, Tax Exemption, and Fiscal Sponsorship |
| March 24, 2010 - 6:00 PM to 8:00 PM |
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| Forming a nonprofit organization is among the most satisfying and rewarding challenges that one can undertake – and getting off to the right start can mean the difference between success and failure. This workshop reviews the basic questions regarding the benefits and obligations of incorporation and tax-exempt status, and explains the requirements for qualification as a New York State not-for-profit corporation; the advantages and disadvantages of and procedures for incorporating; and the importance of by-laws for any new organization. The workshop also explores the benefits of federal tax-exemption and the process for seeking that recognition, including the requirements of charitable purpose and a charitable class, the need to project specific revenues and expenses, the limitations on lobbying and political activities, and the application process. The workshop also reviews alternatives such as fiscal sponsorship arrangements; and outlines registration and reporting requirements of not-for-profit corporations. For those who are interested in forming a nonprofit organization in New York. |
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| Managing Real Estate Expenses in Hard Times: Legal Strategies (New) |
| April 15, 2010 - 9:30 AM to 11:30 AM |
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| This workshop will address ways in which nonprofits can manage or reduce real estate expenses, whether your organization leases space or owns real property. Topics covered will include the distinction between assigning and subletting space; how to monitor rent and additional rent escalation provisions; real estate tax exemptions - the different types of exemptions and how to apply for an exemption based on nonprofit status; and issues relating to selling real property.
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| Neighborhood Stabilization: Legal Issues (New) |
| March 11, 2010 - 9:30 AM to 12:30 PM |
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| The Neighborhood Stabilization Program was created to address the foreclosure crisis, create jobs, and grow local economies by providing communities with the resources to purchase and rehabilitate foreclosed homes
and convert them to affordable housing. NSP is also trying to prevent future foreclosures by requiring housing counseling for families receiving homebuyer assistance funds through NSP. In addition, it seeks to protect
homebuyers by requiring grantees to ensure that new homebuyers under this program obtain a mortgage from a lender who agrees to comply with sound lending practices. This workshop will identify the various participants and programs at work under the NSP and review the variety of strategies and opportunities for
participation available to community-based nonprofit organizations seeking to be involved in these crucial efforts. Specifically, the workshop will discuss NYC's REO Program (focused on acquiring, rehabilitating and
re-selling lender-owned properties), Asset Control Area (ACA) Program (focused on FHA-foreclosed properties), and Owner-Abandoned Multifamily Property Strategy.
Spring 2010 Date TBD. |
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| Role of the Board in Corporate Governance |
| March 3, 2010 - 9:30 AM to 12:30 PM |
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| The public expectations of accountability of nonprofit organizations are greater than it has ever been, and nonprofit organizations must pay attention to their corporate governance procedures and structure to be effective. This workshop addresses the role of the Board of Directors in ensuring that a not-for-profit corporation's corporate governance is not only legally adequate, but also consistent with best practices. Specific topics will include fiduciary duties and obligations of directors under federal and state laws; measures that executive managers of nonprofits and their Boards can implement to ensure adequate corporate accountability, including compliance with the Better Business Bureau standards for charitable accountability; procedural aspects of running a Board of Directors; and the penalties that can be imposed by the IRS on nonprofit organizations and their managers for engaging in "excess benefit transactions." For nonprofit board members and executive directors. |
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| Year 15: Legal Issues for Housing Organizations |
| May 12, 2010 - 9:30 AM to 12:30 PM |
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| Do you have a tax credit project nearing the end of the 15-year compliance period (Year 15)? If so, you may have already been contacted by your investor about its desire to exit the project.
This workshop will provide invaluable guidance on the legal and practical issues as well as step-by-step instructions on how to prepare for and manage the year 15 closing process. Topics will include how to prepare for "year 15", conducting title and violation searches, transfer tax consequences, and ownership structure. The workshop will be presented in a format that will allow for an informal discussion about the pre-closing and closing process. Additional presenters are to be determined and may include guest speakers from HPD and tax credit syndicators. This workshop is for employees of nonprofit developers of affordable housing using low-income tax credits. |
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