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Wild Apricot Expert Webinar: 5 Common Legal Traps for Nonprofits and How to Avoid Them

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Have you ever worried your organization could have some hidden legal risks? Often it’s what we don’t know that can come back to haunt us. This is why we invited Erin McClarty, nonprofit attorney and strategist, to present a free webinar on the most common legal issues she sees nonprofits face, and what to do about them.

In this free webinar, Erin will show you:

- The 5 most common legal traps for nonprofits
- Several solutions and tools to reduce your risk
- The best jargon-free resources every nonprofit should read

Published in: Government & Nonprofit
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Wild Apricot Expert Webinar: 5 Common Legal Traps for Nonprofits and How to Avoid Them

  1. 1. Wild Apricot Expert Webinar Build. Connect. Grow. Membership & more. 5 Common Legal Traps for Nonprofits and How to Avoid Them Presented by Erin McClarty
  2. 2. Wild Apricot Expert Webinar Donald Cowper Story Apricot Content Manager Your Wild Apricot Hosts Rano Ghosh Invictus Apricot Customer Success Coach
  3. 3. Wild Apricot Expert Webinar We will email you a link to a recording of this webinar. See more webinars: www.wildapricot.com/academy
  4. 4. Wild Apricot Expert Webinar
  5. 5. Wild Apricot Expert Webinar 50,000 membership managers use Wild Apricot everyday 10 years old!
  6. 6. #1 Membership Management Software Provider
  7. 7. Wild Apricot Expert Webinar Your Presenter Erin McClarty
  8. 8. 5 COMMON LEGAL TRAPS FOR ERIN MCCLARTY - WILD APRICOT EXPERT WEBINAR NONPROFITS AND HOW TO AVOID THEM
  9. 9. MY (SHORT, SHORT) STORY
  10. 10. ▸GOAL
  11. 11. ▸WHY DOES IT MATTER?
  12. 12. 5 COMMON LEGAL TRAPS
  13. 13. Legal Trap #1 Forgetting to keep books and records; making them public.
  14. 14. Do you know the bookkeeping requirements for where you’ve registered?
  15. 15. Could mistakes lead you here? (i.e. prison)
  16. 16. What are the publicity requirements? When, where and how do you have to make records available?
  17. 17. Solutions? - Have a disclosure protocol in place - Treasurer & Accountant are pivotal - Never give control over to one person - Make publicizing easy
  18. 18. Legal Trap #2 Unintentionally putting board members and officers in danger.
  19. 19. Penalty Taxes Personal Tax Liability Lost Tax Status Voided Indemnity Voided D&O
  20. 20. Solutions? - Know when to pause - Calendar all reporting out for the year - Assign topics to board members - Don’t pay unless documents say
  21. 21. Legal Trap #3 Shaky practices with intellectual property.
  22. 22. Contractor Agreement IP Ownership License Grant License Restrictions License Grant
  23. 23. Photography is the most common occurrence
  24. 24. Solutions? - Get a contract (vendors and employees) - Cover the who, what, when, where, why and how’s - Don’t be afraid of templates - Use license agreements
  25. 25. Who owns the IP? Who can use the IP? Is there a fee for use? How can the IP be used? Where can IP be used?
  26. 26. Legal Trap #4 Not adjusting to employment growth.
  27. 27. - FMLA, ADA, ADAAA, OSHA, NLRA, ACA - State specific requirements
  28. 28. - Independent Contractor v. Full-time - Handling EEOC Claims
  29. 29. - Documenting employee performance - Yearly review system
  30. 30. - On-boarding systems - Employment handbooks DID YOU KNOW? THE TOP CLAIM NONPROFITS DEAL WITH ARE EMPLOYMENT?
  31. 31. Solutions - Create on-boarding processes - Manage expectations, and be clear on the rules - Check out labor sites - Make looking at systems for “employees” a priority each year
  32. 32. Legal Trap #5 Floating programs.
  33. 33. - Following program revenue - Following foundation dollars - Following trends - Following specific prerogatives
  34. 34. - Client mistrust - Donor confusion - Lost funding (especially gov’t) - Stretched resources
  35. 35. - Allegations of fraud - Misappropriation of funds - Trustee violations - Breach of formation documents
  36. 36. Solutions - Have a framework together - Mission statement, mission statement, mission statement - Review the mission and vision against programming yearly - Continuously seek feedback - Don’t be afraid to speak out
  37. 37. Legal Trap Bonus! A few other traps nonprofits can fall into.
  38. 38. Not paying attention to fundraising requirements
  39. 39. Crummy whistle blower practices
  40. 40. No contracting “policy”
  41. 41. Not keeping track of lobbying
  42. 42. FINDING ISSUES FRAMEWORK
  43. 43. - Be inquisitive - Don’t doubt yourself - Stick to the basics - Get it down somewhere - Make it an affair
  44. 44. NONPROFIT RESOURCES
  45. 45. - Notations on Nonprofits - Wild Apricot - JD Supra - Nonprofit Finance Fund - National Council of Nonprofits
  46. 46. THE END.
  47. 47. CONTACT erin@emcclartypllc.com www.emcclartypllc.com
  48. 48. Wild Apricot Facebook Group www.facebook.com/groups/WildApricotTribe/
  49. 49. #1 Membership Management Software Provider
  50. 50. Wild Apricot Expert Webinar Build. Connect. Grow. Membership & more. 5 Common Legal Traps for Nonprofits and How to Avoid Them Presented by Erin McClarty
  51. 51. THE END

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