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Nonprofit Organizations are the Foundation

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Policies are required for every nonprofit. Policies are different than Bylaws. Read that again.


No longer can Boards state "we didn't know" or my favorite, "we haven't been caught yet". Sheesh, already.


Policies differ from Bylaws.

Bylaws can only be amended/updated one time per year. Once.

Policies can change as often as needed.


What policies do nonprofits really need? There are 3 policy manuals that every nonprofit SHOULD have.


Operations: The top paid executive should keep an Operations Manual that lists and holds all the policies set forth to run that nonprofit. Remember, the Board does not need to vote on operational policies.


A short list of what should go into an Operational Manual:


Recruitment and hiring: 

-How to find and hire employees. 

-Attendance: What to do when employees are absent. 

-Confidentiality: How to protect sensitive information. 

-Workplace safety: How to ensure a safe working environment. 

-Customer service: How to handle customer inquiries and complaints. 

-Data handling: How to collect, store, and use data. 


Benefits:

Well-defined operational policies can lead to:

*Improved efficiency and productivity. 

*Reduced errors and risks. 

*Enhanced consistency and accountability. 

*Better employee understanding and compliance. 


Financial: Financial policies define a shared understanding of how the organization will develop its financial practices and manage its resources to provide the best value to the community. Define boundaries. Financial policies define limits on the actions staff may take.


Examples of financial policies commonly used by nonprofits include a policy that describes:

-How cash is handled

-Whether and how a board member or an employee’s travel expenses will be reimbursed

-The board's role in reviewing the executive director's compensation

-How the nonprofit’s assets are invested

-Internal financial controls

-Checks and balances used

when state and federal reporting is due and who does it

Assignment of authority for necessary and regular financial actions and decisions, which may include delegation of some authority to staff leaders

Policy statement on conflicts of interest or insider transactions

Clear authority to spend funds, including approval, check signing, and payroll

Clear assignment of authority to enter into contracts

Clear responsibility for maintaining accurate financial records


Benefits:

*Staying legal and in compliance

*Follows all SOX (Sarbanes-Oxley) initiatives

*Easy understanding for Board and Staff

*Being prepared in case of audit



Legal:

Legal policies are vital to every nonprofit for a myriad of reasons. They keep your nonprofit in compliance with State and Federal regulations. There is NO circumventing legal policies.


Such as:

Conflict of Interest

Confidentiality

Diversity Statement

Anti-Trust Policy

Sexual Harassment Policy

Document Retention Policy

Email Voting Policy

Agenda & Minutes

Credit/Debit Card Policy

Whistleblower Policy

Short-Term Telecommuting Policy

AI Policy

Credit/Debit Card Policy

Guest Attendance Policy

Social Media Policy

Disaster Preparedness Plan



Benefits:

*Not losing your nonprofit charter! I mean, seriously...a nonprofit without legal policies is just asking to get sacked.


*Legal policies actually make your nonprofit easier to manage


The benefits of all three policy manuals will create streamlined readiness in case of audit. Having these manuals put together and updated on a yearly basis is just not that difficult to do. Take the time to get these done.


This is only a brief snapshot at the types of policies every nonprofit should have. Remember, policies do not belong in Bylaws!




Thanks for reading,

Sally

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NONPROFIT CHAMPION INTRODUCTION

MARC J. LANE, ATTORNEY AT LAW

Let me introduce Marc J. Lane to you. A powerful force in the nonprofit world.


Marc J. Lane is a nationally recognized business and tax attorney, a Master Registered Financial Planner, a Registered Financial Counselor and a Certified Investment Specialist. Twice a recipient of the Illinois State Bar Association's Lincoln Award, he has taught law at Northwestern University School of Law and business in the MBA program at the University of Illinois.


Marc is the pioneer behind the Advocacy Investing® approach to socially responsible and mission-related investing. A past Director of Social Enterprise Alliance (SEA), the national association of enterprising nonprofits and social-purpose businesses, he spearheaded the launch of its Chicago chapter which he served as Chairman. He has also chaired SEA's affiliate, The Center for Social Enterprise Accreditation. In addition, he is the President of Social Enterprise Chicago. By appointment of Gov. Pat Quinn, he chaired the State of Illinois' Task Force on Social Innovation, Entrepreneurship, and Enterprise. Also by appointment of Gov. Pat Quinn, he was a Commissioner of the Serve Illinois Commission. And by appointment of then-Cook County Commissioner and now Congressman Jesus "Chuy" Garcia, he serves as Vice Chairperson of the Cook County Commission on Social Innovation.


Marc drafted Illinois' Low-profit Limited Liability Company (L3C) law, and has been instrumental in promoting L3C legislation in other states, authorizing the hybrid business form which can leverage foundations' program-related investments to access trillions of dollars of market-driven capital for ventures with modest financial prospects, but the possibility of major social impact.


He has consistently earned an "AV® Preeminent™" rating in the Martindale-Hubbell Legal Directory, the highest ranking awarded. Martindale-Hubbell also includes him in its Bar Registry of Preeminent Attorneys, reflecting the fact that Marc's peers rank him at the highest level of professional excellence. In addition, he has consistently earned Avvo's "Top Rating" and selected by his peers as a "Leading Illinois Attorney" and an "Illinois Super Lawyer."


Marc is the author of 36 books including Profitable Socially Responsible Investing: An Institutional Investor's Guide, Euromoney Institutional Investor PLC; Advising Entrepreneurs: Dynamic Strategies for Financial Growth, John Wiley and Sons; Legal Handbook for Nonprofit Organizations, American Management Association; Social Enterprise: Empowering Mission-Driven Entrepreneurs, American Bar Association; The Mission-Driven Venture: Business Solutions to the World's Most Vexing Social Problems, John Wiley and Sons, and Representing Corporate Officers and Directors and LLC Managers, First, Second and Third Editions, Wolters Kluwer.



Personal Note: I will be recording Marc on a YouTube video discussing LC3 nonprofit organizations. Be on the lookout for that!

Marc J. Lane

70 W. Madison Street, Suite 2050 Chicago, Illinois 60602-4256

In Chicago (312) 372-1040 Nationwide (800) 372-1040 Facsimile  (312) 346-1040 www.MarcJLane.com 

Low-Profit Limited Liability Company (L3C)

Sometimes all government needs to do is get out of the way and let businesses and nonprofits partner up. Increasingly, nonprofits are seizing the power of market-based strategies to pursue sustainable social innovation and promote positive social change. Their best opportunity to do this is hidden in plain view in the Internal Revenue Code.


Foundations earn their tax benefits when they serve the public by distributing at least five percent of their assets to social programs every year - or by making socially beneficial "program-related investments" of five percent or more of their assets every year. Program-related investments are those that further a foundation's tax-exempt activities and wouldn't have been made if profit were the sole reason to invest. And therein lies the opportunity.


The "low-profit limited liability company" (L3C) is a new, hybrid business form which can leverage foundations' program-related investments to access trillions of dollars of market-driven capital for ventures with modest financial prospects, but the possibility of major social impact.


An L3C can have different classes of investors - - individuals, nonprofits, for-profits, and even government agencies. But foundations, primarily seeking social payoffs, take the lion's share of economic risk yet content themselves with below-market financial returns. No wonder for-profit investors, seeing the risk-reward tradeoff shifted dramatically in their favor, eagerly commit their capital and expertise to investments they would otherwise reject out of hand.


We are recognized as a national leader in the development of L3Cs and provide assistance in:

  • Evaluating the feasibility of social-purpose ventures
  • Rendering opinions of counsel in support of Program Related Investments (PRI)
  • Comprehensive business planning
  • Satisfying Federal and state registration and regulatory compliance obligations
  • Selecting the optimal business structure
  • Developing and negotiating operating agreements
  • Mitigating the tax risks associated with private benefit/inurement, lobbying, political campaign activity and unrelated business income
  • Avoiding the legal and tax traps associated with sponsorships, endorsements and cause-related marketing
  • Addressing fiduciary, governance and reporting issues
  • Linking for-profits and nonprofits
  • Negotiating and documenting financing transactions
  • Effectively pursuing the legal and financial opportunities of venture philanthropy.



MARC J. LANE



Someone you should know!

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Ottsie, LLC

Sally Rutledge Ott, ACE, NFPC

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ottsiesupply@gmail.com

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