Governing Nonprofit Organizations

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Format: Paperback
Pub. Date: 2008-09-15
Publisher(s): Belknap Pr
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Summary

The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.

Table of Contents

Preface
The Nonprofit Sector in the Twenty-First Century
The Legal Meaning of Charity Size and Characteristics of the Nonprofit Sector
Current Challenges for Specific Components of the Sector
Religious Organizations
Health Care Organizations
Educational Organizations
Human and Social Service Organizations
Arts and Cultural Organizations
Foundations and Other Grantmakers
How Extensive Is Wrongdoing in the Sector?
Policy Issues Facing the Nonprofit Sector in the Twenty-First Century
A Brief History of the Law of Charities Introduction
Evolution of Charities in Early Society
Islamic Foundations Charities in England
Development of Trusts Restrictions on Charitable Gifts
The Statute of Charitable Uses
The Role of the Attorney General and the Charity Commission
Regulation of Charities after 1950
Developments in Substantive Charity Law after 1601
Charitable Corporations Charities in the United States
Development of the Law of Charitable Trusts
Charitable Purposes Charitable
Corporations State Regulation of Charities Federal
Regulation of Charities: The Internal Revenue Code Deductibility of Contributions
Federal Reporting and Disclosure Requirements Congressional
Investigations of Charities prior to 1969
The Walsh Commission
The Cox and Reece Committees
The Patman Committee 1965
Treasury Department Report on Private Foundations Tax Reform Act of 1969
Reactions to the Tax Reform Act from the Nonprofit Sector
The Peterson Commission
The Filer Commission Congressional Activity after the Tax Reform Act of 1969
Private Foundations Lobbying by Public Charities
Unfair Competition with Small Businesses Standards for Exemption of Hospitals
Regulation of Church Activities Relief for Victims of the Terrorist Attacks of September 2001
The Effectiveness of the IRS as Regulator Major Expansion of Federal Regulation: Intermediate Sanctions for Excess Benefit Transactions
Other Changes in Substantive Laws after 1970
Changing Parameters of the Definition of Charitable Purposes
Application of the Public Policy Doctrine to Definitions of Charitable Purposes
State Action Limitations on Charitable Purposes: The Subsidy Theory Lobbying UBIT and Commercial Activities
Regulation of Public Companies and Auditing Firms in 2002 and 2003
Treasury Department Anti-Terrorist Financing Guidelines Conclusion
Creation, Administration, and Termination of Charities Charitable Purposes
State Law Definitions Motives of Donors Gifts for Charitable and Noncharitable Purposes
Charitable Purposes for Nonprofit Corporations Requirement of Indefinite Beneficiaries
Definitions in State Tax Laws
The Trust Form for Charities Creation of Charitable
Trusts Restrictions on the Amount of Charitable Bequests Duration and Restrictions on Remoteness of Vesting Termination
Accumulation of Income Administrative Duties of Trustees
Administrative Powers of Trustees Discretionary Powers of Trustees Exercise of Powers by Majority of Trustees Compensation of Trustees Exculpatory
Clauses Liability to Third Persons Court Supervision of Trusts
The Corporate Form for Charities Develop
Table of Contents provided by Publisher. All Rights Reserved.

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