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Peter Zehren
February 16th, 2013



                      Nonprofit Governance
                      and Fundraising
                      A four country comparison
+



              Similarities                    Differences
       Boards                         Types of nonprofits (NGOs)

       Registration                   Restriction of foreign funds

       Government Regulation          Fundraising skills

       Increased Accountability       Self Regulation

       Talk about further policy      The Culture of Giving
+
         Government:    Republic

         Chiefof State:
         President Muhammad MURSI

         Headof Government:
         Prime Minister Hisham QANDIL
Egypt    Population:   83,688,164

         GDP:    $229.53 billion

         Nonprofits:   24,500
+
    Egypt: Governance
       Associations, Foundations, and Not-for-Profit Companies

       Mandatory Registration (Associations Law 84 2002)

       Vague Denial of Registration ―threaten unity‖

       International NGO‘s face challenges

       Post 2011 Revolution, lower house focus NGO reform

       Reform on freedom of association and assembly (Article 131)

       New NGO laws anticipated 2013 (lower house April)
+
    Egypt: Law 84
       Passed quickly w/o CSO input (civil society organization)

       Ministry of Social Affairs oversight, interfere in operations or call
        a board meeting.

       Required Board of Directors between 5-15 (Associations)

       Provide list of board members w/in 1day of nomination and 60
        days of election

       Questionable constitutionality, NGO‘s suffer from security
        forces investigating and harassing organizations
―Media reports (allege)
                      judicial officials in Egypt
                      intend to forward a number
                      of cases involving U.S.-
                      funded NGOs to the Cairo
                      criminal court.
  +
                      We are deeply concerned
                      by these reports and are
                      seeking clarification from
                      the government of Egypt.‖
U.S. State Department Deputy Spokesperson Mark Toner
+                                          Amendments to
NGOs fight for                             Civil Institutions Act
freedom in Egypt
                                           1. 20 founding members, 250,000 EGP in
                                              capital (from 10,000)

                                           2. Foreign funds and donations would be
                                              regulated

                                           3. Committee of stakeholders oversee
After the diplomatic push, Egyptian           foreign funding issues
authorities let the Americans leave, but
the Egyptians are still on trial.          4. No foreign NGOs with government
                                              funding or promote political policies
The charges: Because the NGOs were
not properly registered to work in         5. Prohibited from practices threatening
Egypt, the employees were essentially         national unity or public order
receiving illegal funds – in the form of
their salaries.                            6. Prohibited from any political or union-
                                              related activities
US funds support military and
economic aid including: health,            7. Cannot conduct surveys, polls or do field
education, economic development and           research without prior approval
democracy promotion.
+
    Egypt: Fundraising
        Prohibited receiving foreign funds w/o Ministry of Social Affairs
         advance approval (article 17)

        Associations need advance approval for seeking funds from
         Egyptian individuals (human rights organizations)

        Charities (non-associations) may accept funds w/o approval

        Associations must submit financial reports to the Accounting
         Auditors Register including funding sources

        High potential for corruption: UN human rights report shows
         many deficiencies with transparency
+                                           United Nations Report
                                            Shows NGO Deficiencies
                                               Lack of democracy (reflected in the
                                                slow circulation of power)

                                               Inadequate representation of youth
                                                and women on boards of directors

                                               The personalization of these
                                                institutions, organizations

                                               Lack of clear administrative
The 2002 UNDP                                   processes & decision making rules
Human Rights                                   Weak accountability and
Development Report
I‘m proud I'm an Egyptian…
                                                transparency
               …but how should I show it?
+
           Government:
                      Constitutional
           Monarchy and Commonwealth
           Chief
               of State:
           Queen ELIZABETH II
           Headof Government:
United     Prime Minister David CAMERON
           Population:   63,047,162
Kingdom    GDP:    $2.4 trillion
           Nonprofits:   185,000
+
United Kingdom: Governance
       Define ―Charity‖ more by what they do:
        1)trusts for poverty relief; 2) for educational advancement; 3) religious
        advancement; and 4) other purposes beneficial to the community

       Overseen by the Charities Commission and must operate for the public
        benefit and may not act in a political manner

       Trustees are responsible for finances and running of charity

       Must have a Governing Document which can be a trust deed,
        constitution, memorandum or articles of association

       The Statement of Recommended Practice (SORP) provides
        recommendations for charity accounting and reporting

       Include a risk management statement in Trustees' Annual Reports to
        address financial and other potential risks
+                    2011 Code for Voluntary
                     and Community Sector

                     1. Understand their role
                     2. Ensure delivery of their
                        organizational purpose

                     3. Work effectively both as
                        individuals and a team

                     4. Exercise effective control
                     5. Behave with integrity

Charity Commission   6. Be open and accountable
Code
+
United Kingdom: Fundraising
       Fundraising is largely ―self regulated,‖ although government regulation
        keeps infringing

       All Party Parliament Group (APPG) comprised of 300 members of
        parliament is looking into future regulation and recession impact

       The Institute of Fundraising (self regulating org.) has 29 codes governing
        all types of fundraising, such as telephone, direct mail, electronic media,
        challenge events and cash collections

       Face-to-Face Activity Code of Fundraising Practice monitored by PFRA –
        recommends a solicitation statement (disclosure)
                       (Public Fundraising Regulatory Association)


       License needed for street team and door-to-door cash donations from
        local authority (usually)
―It is important that charities
                    maintain high standards of
                    fundraising in order to
                    maintain their income…

+                   including using best practice
                    supported by the Institute of
                    Fundraising‘s Code of
                    Fundraising Practice and
                    resources.‖

    Peter Lewis CEO of the Institute of Fundraising
―Charities rely on generous
                       public support to carry out
                       their charitable work.

+                      The Fundraising Standards
                       Board enables the public to
                       donate to charities that are a
                       member with confidence .‖

    Minister for Civil Society, Nick Hurd
+
         Government:     Federal Republic

         Chiefof State:
         President Pranab MUKHERJEE

         Headof Government:
         Prime Minister Manmohan SINGH
India    Population:   1,205,073,612

         GDP:    $1.86 trillion

         Nonprofits:   3.3 million
+
    India: Governance
       Trusts, Societies, and Not-for-Profit Companies (Section 25)

       Nonprofit/public charitable organizations must register (district)

       ‗Charitable purpose‘ must include ‗relief of the poor, education,
        medical relief and the advancement of any other object of general
        public utility‘ (excludes religious)

       Self governing board, council or managing committee who have a
        fiduciary responsibility

       Foreign NGOs who want an office in India have to follow special
        licensing procedures
+                Regulates acceptance, utilization and
                 accounting of foreign funds.
                    40,000 organizations receiving
                     foreign contributions, only 18,000
                     report
                    Funds over 1 million rupees ($18k)
                     have to be reported immediately
                    Organizations renew registration
                     every five years (NGO status)
                    Prevent outside powers from
                     dividing the country on religious
                     basis
The Foreign         No funds can be accepted by a
Contribution         political party, candidate or
                     organization
Regulation Act
―Capacity building of young
                                        fundraisers has now
                                        become a priority, which we
                                        can ignore at our own peril.
         +
                                        This alone can make NGOs
                                        sustainable, accountable,
                                        transparent and credible.‖
Major General Surat Sandhu, Chair - South Asian Fundraising Group
(Former Chief Executive of HelpAge India)
+
    India: Fundraising
       Foreign Contribution Regulation Act (May 1, 2011) restricts funds

       Need to develop fundraising, over reliance on government and
        foreign funds

       Lack of skilled, trained professional fundraisers, estimates show only
        1% of NGOs have a fundraiser on staff
              (2007 SAFRG planning commission presentation by Major General)


       Planned giving, volunteering, feeling an obligation to charity not part
        of the culture

       National survey of CSR survey showed increase but inconsistent
        initiatives, over ¾ companies want government policy
+                           India: CSR
                                        HIV/AIDS, 12%


                                                              Education, 18%



                                 Micro
                             Finance, 13%



                                                                     Environment, 1
A recent Corporate Social                                                  7%

Responsibility survey         Sanitation, 13%
showed areas of giving.

CSR tended to be local,                                        Women
                                                             Empowerment,
                                               Livelihood
seen as good business but                   Promotion, 13%
                                                                 14%

also inconsistent.
+
          Government:Constitution Based
          Federal Republic
          Chiefof State:
          President Barack H. OBAMA
          Head of Government:
          President Barack H. OBAMA
United    Population:   313,847,465

States    GDP:    $15.09 trillion
          Nonprofits:   1.5 million
+
United States: Governance
       Charity, Foundation, Trust, Association, Nonprofit Corporation or other
        Organization

       What exactly are nonprofit organizations?   (http://youtu.be/0myNj8BHt_4)


       Must register as a 501(c)(3) with the IRS (1023) and file 990

       Board size regulations vary by state 1-3 minimum, the average board
        size for nonprofits in US is16 members (BoardSource)

       IRS reviews nonprofits for policies relating to:
        executive compensation, conflicts of
        interest, investments, fundraising, documenting governance
        decisions, document retention and destruction, and whistleblower
        claims

       Self regulation or legislative policy? Many states nonprofit liaison
Organized and operated exclusively for:
                 charitable, religious, educational, scientific,
                  literary, testing for public safety, fostering
                 national or international amateur sports
                 competition, and preventing cruelty to
                 children or animals. (IRS)

                 May not operate for the benefit of private
        +        interest (net earnings)

                 Activity may be not attempt to influence
                 legislation and are restricted in political
                 and legislative activities (lobbying)

                 The organization‘s purposes and activities
United States:   may not be illegal or violate fundamental
501(c)(3)        public policy
requirements
+                  LEGAL DUTIES

                      Duty of Care: exercise reasonable care
                       in decisions as a steward of the
                       organization

                      Duty of Loyalty: act in the best interest
                       of the organization

                      Duty of Obedience: faithful to the
                       mission and central goals

                   FURTHER DUTIES

                      Duty of Stewardship: oversight of
                       resource management

                      Duty of Compliance: ensures legal
United States:         requirements and all other obligations
Board Governance       are met
+
United States: Fundraising
       Government grants, process by which nonprofits carry out work
        formerly done buy government agencies (Mayor‘s Initiative)

       Individual gifts, events, CSR

       Association of Fundraising Professionals ‗donor bill of rights‘

       Self regulation also led to gift acceptance policies, board packets
        with more explanatory materials

       Transparency, accountability and integrity: ―100% of your gift goes to
        the cause‖ but does it?
Giving Trends
                                                               Giving rose only 2.1%
                                                                last year (2010), echoing
                                                                a slowing
                                                                recovery, donors
                                                                continue to hold tight to
                                                                their wallets

                                                               Even as US recovers
              +                                                 economically it remains
                                                                home to the most
                                                                generous people who
                                                                support nonprofits and
                                                                philanthropy

The Other America‘s Philanthropy:                              Giving USA‘s Forecasts
1.   a crisis of declining charitable giving reaching human     Tough Years Ahead for
     services or social safety net groups                       Fund Raisers – The
2.   a class divide where the groups that do well in            recession cloud may
     charitable solicitations are those with
     connections, and social class interrelationships           hover for years, it could
                                                                be as long as 2016
+



    Conclusions
       NGOs are a large part of each countries economy, but what role
        should they play?

       Stronger government regulation is being explored by every country
        to some degree—a matter of security.

       Questions are being ask about transparency, accountability and
        overall integrity of NGOs

       Collaborations are being looked at globally…however

       Global giving is plagued by fear of outside interests sway
+
                                           Foundations (and NGO‘s) today seek
                                            alignment and co-operation to play
                                            to each other's strengths.

                                           However, concerns were raised that
                                            alliances of traditional institutional
                                            funders can morph into power
                                            blocs…

                                           …raising questions about who is
The World of                                forging these alliances (visionaries or
Philanthropy                                technocrats) and about
Present and Future forum October 2012
                                            accountability.


                                                    Sarah Masters and Erika Moisl
+




    Nonprofit Governance
    and Fundraising
    A four country comparison

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Peter zehren, nonproft fundraising in egypt, uk, india and usa

  • 1. + Peter Zehren February 16th, 2013 Nonprofit Governance and Fundraising A four country comparison
  • 2. + Similarities Differences  Boards  Types of nonprofits (NGOs)  Registration  Restriction of foreign funds  Government Regulation  Fundraising skills  Increased Accountability  Self Regulation  Talk about further policy  The Culture of Giving
  • 3. +  Government: Republic  Chiefof State: President Muhammad MURSI  Headof Government: Prime Minister Hisham QANDIL Egypt  Population: 83,688,164  GDP: $229.53 billion  Nonprofits: 24,500
  • 4. + Egypt: Governance  Associations, Foundations, and Not-for-Profit Companies  Mandatory Registration (Associations Law 84 2002)  Vague Denial of Registration ―threaten unity‖  International NGO‘s face challenges  Post 2011 Revolution, lower house focus NGO reform  Reform on freedom of association and assembly (Article 131)  New NGO laws anticipated 2013 (lower house April)
  • 5. + Egypt: Law 84  Passed quickly w/o CSO input (civil society organization)  Ministry of Social Affairs oversight, interfere in operations or call a board meeting.  Required Board of Directors between 5-15 (Associations)  Provide list of board members w/in 1day of nomination and 60 days of election  Questionable constitutionality, NGO‘s suffer from security forces investigating and harassing organizations
  • 6. ―Media reports (allege) judicial officials in Egypt intend to forward a number of cases involving U.S.- funded NGOs to the Cairo criminal court. + We are deeply concerned by these reports and are seeking clarification from the government of Egypt.‖ U.S. State Department Deputy Spokesperson Mark Toner
  • 7. + Amendments to NGOs fight for Civil Institutions Act freedom in Egypt 1. 20 founding members, 250,000 EGP in capital (from 10,000) 2. Foreign funds and donations would be regulated 3. Committee of stakeholders oversee After the diplomatic push, Egyptian foreign funding issues authorities let the Americans leave, but the Egyptians are still on trial. 4. No foreign NGOs with government funding or promote political policies The charges: Because the NGOs were not properly registered to work in 5. Prohibited from practices threatening Egypt, the employees were essentially national unity or public order receiving illegal funds – in the form of their salaries. 6. Prohibited from any political or union- related activities US funds support military and economic aid including: health, 7. Cannot conduct surveys, polls or do field education, economic development and research without prior approval democracy promotion.
  • 8. + Egypt: Fundraising  Prohibited receiving foreign funds w/o Ministry of Social Affairs advance approval (article 17)  Associations need advance approval for seeking funds from Egyptian individuals (human rights organizations)  Charities (non-associations) may accept funds w/o approval  Associations must submit financial reports to the Accounting Auditors Register including funding sources  High potential for corruption: UN human rights report shows many deficiencies with transparency
  • 9. + United Nations Report Shows NGO Deficiencies  Lack of democracy (reflected in the slow circulation of power)  Inadequate representation of youth and women on boards of directors  The personalization of these institutions, organizations  Lack of clear administrative The 2002 UNDP processes & decision making rules Human Rights  Weak accountability and Development Report I‘m proud I'm an Egyptian… transparency …but how should I show it?
  • 10. +  Government: Constitutional Monarchy and Commonwealth  Chief of State: Queen ELIZABETH II  Headof Government: United Prime Minister David CAMERON  Population: 63,047,162 Kingdom  GDP: $2.4 trillion  Nonprofits: 185,000
  • 11. + United Kingdom: Governance  Define ―Charity‖ more by what they do: 1)trusts for poverty relief; 2) for educational advancement; 3) religious advancement; and 4) other purposes beneficial to the community  Overseen by the Charities Commission and must operate for the public benefit and may not act in a political manner  Trustees are responsible for finances and running of charity  Must have a Governing Document which can be a trust deed, constitution, memorandum or articles of association  The Statement of Recommended Practice (SORP) provides recommendations for charity accounting and reporting  Include a risk management statement in Trustees' Annual Reports to address financial and other potential risks
  • 12. + 2011 Code for Voluntary and Community Sector 1. Understand their role 2. Ensure delivery of their organizational purpose 3. Work effectively both as individuals and a team 4. Exercise effective control 5. Behave with integrity Charity Commission 6. Be open and accountable Code
  • 13. + United Kingdom: Fundraising  Fundraising is largely ―self regulated,‖ although government regulation keeps infringing  All Party Parliament Group (APPG) comprised of 300 members of parliament is looking into future regulation and recession impact  The Institute of Fundraising (self regulating org.) has 29 codes governing all types of fundraising, such as telephone, direct mail, electronic media, challenge events and cash collections  Face-to-Face Activity Code of Fundraising Practice monitored by PFRA – recommends a solicitation statement (disclosure) (Public Fundraising Regulatory Association)  License needed for street team and door-to-door cash donations from local authority (usually)
  • 14. ―It is important that charities maintain high standards of fundraising in order to maintain their income… + including using best practice supported by the Institute of Fundraising‘s Code of Fundraising Practice and resources.‖ Peter Lewis CEO of the Institute of Fundraising
  • 15. ―Charities rely on generous public support to carry out their charitable work. + The Fundraising Standards Board enables the public to donate to charities that are a member with confidence .‖ Minister for Civil Society, Nick Hurd
  • 16. +  Government: Federal Republic  Chiefof State: President Pranab MUKHERJEE  Headof Government: Prime Minister Manmohan SINGH India  Population: 1,205,073,612  GDP: $1.86 trillion  Nonprofits: 3.3 million
  • 17. + India: Governance  Trusts, Societies, and Not-for-Profit Companies (Section 25)  Nonprofit/public charitable organizations must register (district)  ‗Charitable purpose‘ must include ‗relief of the poor, education, medical relief and the advancement of any other object of general public utility‘ (excludes religious)  Self governing board, council or managing committee who have a fiduciary responsibility  Foreign NGOs who want an office in India have to follow special licensing procedures
  • 18. + Regulates acceptance, utilization and accounting of foreign funds.  40,000 organizations receiving foreign contributions, only 18,000 report  Funds over 1 million rupees ($18k) have to be reported immediately  Organizations renew registration every five years (NGO status)  Prevent outside powers from dividing the country on religious basis The Foreign  No funds can be accepted by a Contribution political party, candidate or organization Regulation Act
  • 19. ―Capacity building of young fundraisers has now become a priority, which we can ignore at our own peril. + This alone can make NGOs sustainable, accountable, transparent and credible.‖ Major General Surat Sandhu, Chair - South Asian Fundraising Group (Former Chief Executive of HelpAge India)
  • 20. + India: Fundraising  Foreign Contribution Regulation Act (May 1, 2011) restricts funds  Need to develop fundraising, over reliance on government and foreign funds  Lack of skilled, trained professional fundraisers, estimates show only 1% of NGOs have a fundraiser on staff (2007 SAFRG planning commission presentation by Major General)  Planned giving, volunteering, feeling an obligation to charity not part of the culture  National survey of CSR survey showed increase but inconsistent initiatives, over ¾ companies want government policy
  • 21. + India: CSR HIV/AIDS, 12% Education, 18% Micro Finance, 13% Environment, 1 A recent Corporate Social 7% Responsibility survey Sanitation, 13% showed areas of giving. CSR tended to be local, Women Empowerment, Livelihood seen as good business but Promotion, 13% 14% also inconsistent.
  • 22. +  Government:Constitution Based Federal Republic  Chiefof State: President Barack H. OBAMA  Head of Government: President Barack H. OBAMA United  Population: 313,847,465 States  GDP: $15.09 trillion  Nonprofits: 1.5 million
  • 23. + United States: Governance  Charity, Foundation, Trust, Association, Nonprofit Corporation or other Organization  What exactly are nonprofit organizations? (http://youtu.be/0myNj8BHt_4)  Must register as a 501(c)(3) with the IRS (1023) and file 990  Board size regulations vary by state 1-3 minimum, the average board size for nonprofits in US is16 members (BoardSource)  IRS reviews nonprofits for policies relating to: executive compensation, conflicts of interest, investments, fundraising, documenting governance decisions, document retention and destruction, and whistleblower claims  Self regulation or legislative policy? Many states nonprofit liaison
  • 24. Organized and operated exclusively for: charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals. (IRS) May not operate for the benefit of private + interest (net earnings) Activity may be not attempt to influence legislation and are restricted in political and legislative activities (lobbying) The organization‘s purposes and activities United States: may not be illegal or violate fundamental 501(c)(3) public policy requirements
  • 25. + LEGAL DUTIES  Duty of Care: exercise reasonable care in decisions as a steward of the organization  Duty of Loyalty: act in the best interest of the organization  Duty of Obedience: faithful to the mission and central goals FURTHER DUTIES  Duty of Stewardship: oversight of resource management  Duty of Compliance: ensures legal United States: requirements and all other obligations Board Governance are met
  • 26. + United States: Fundraising  Government grants, process by which nonprofits carry out work formerly done buy government agencies (Mayor‘s Initiative)  Individual gifts, events, CSR  Association of Fundraising Professionals ‗donor bill of rights‘  Self regulation also led to gift acceptance policies, board packets with more explanatory materials  Transparency, accountability and integrity: ―100% of your gift goes to the cause‖ but does it?
  • 27. Giving Trends  Giving rose only 2.1% last year (2010), echoing a slowing recovery, donors continue to hold tight to their wallets  Even as US recovers + economically it remains home to the most generous people who support nonprofits and philanthropy The Other America‘s Philanthropy:  Giving USA‘s Forecasts 1. a crisis of declining charitable giving reaching human Tough Years Ahead for services or social safety net groups Fund Raisers – The 2. a class divide where the groups that do well in recession cloud may charitable solicitations are those with connections, and social class interrelationships hover for years, it could be as long as 2016
  • 28. + Conclusions  NGOs are a large part of each countries economy, but what role should they play?  Stronger government regulation is being explored by every country to some degree—a matter of security.  Questions are being ask about transparency, accountability and overall integrity of NGOs  Collaborations are being looked at globally…however  Global giving is plagued by fear of outside interests sway
  • 29. +  Foundations (and NGO‘s) today seek alignment and co-operation to play to each other's strengths.  However, concerns were raised that alliances of traditional institutional funders can morph into power blocs…  …raising questions about who is The World of forging these alliances (visionaries or Philanthropy technocrats) and about Present and Future forum October 2012 accountability. Sarah Masters and Erika Moisl
  • 30. + Nonprofit Governance and Fundraising A four country comparison