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Governing Nonprofit Organizations: Federal and State Law and Regulation Paperback – 15 Dec 2008

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"This new book does not disappoint as it ranges widely from the history of rules about establishing charitable trusts and corporations, to the intricacies of the Internal Revenue Code, and on to the crazy quilt of state regulations regarding the duties of donors and trustees... The book should be essential reading and a reference for anyone responsible for - or just interested in - nonprofit governance, especially those trying to formulate new standards and regulations in response to the recent exposes of malfeasance in the sector." - Leslie Lenkowsky, Philanthropy"

About the Author

Marion R. Fremont-Smith is Senior Research Fellow, Hauser Center for Nonprofit Organizations, Kennedy School of Government, Harvard University. She served as Assistant Attorney General and Director of the Division of Public Charities in Massachusetts, and is a retired partner of Choate, Hall and Stewart.

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Most Helpful Customer Reviews on (beta) 1 review
Outstanding 29 Dec. 2011
By AccountingProf - Published on
Format: Paperback Verified Purchase
The book is well written and very clear. Although most of the topics pertain to law, the is equally accessible to non-lawyers. The primary thing you need to know about this book is the specific topics covered. In my review, the page number at the beginning of each topic is listed after the title of that topic.
Chapter 1 covers "The Nonprofit Sector in the Twenty-First Century." History 8 pages. "Current Challenges for Specific Components of the Sector" 4 pages, "How Extensive is Wrongdoing in the sector? (13 pages). Policy Issues facing the Nonprofit Sector... 4 pages
Chapter 2: A Brief History of the Law of Charities: Introduction 3.
Charities in England 23 pages. Charities in the U.S. 23 pages (the reason so much space is devoted to England is that it strongly influences the U.S.). "Congressional Investigations prior to 1969" 1 page; "Tax Reform Act of 1969" 4 pages. Reactions to that Tax Reform Act 4. Congressional Activity since 1969 (14 pages). Intermediate Sanctions for Excess Benefit Transactions 2. "Other Changes in Substantive Laws after 1970" 14 pages.
Chapter 3: Creation, Administration, and Termination of Charities. Charitable Purposes 16. The Trust form of Charities 16. The Corporate Form for Charities 24. Doctrines of Cy Pres and Deviation 15.
Chapter 4 Fiduciary Duties: State Law Standards. Fiduciary Duties of Trustees: Prudence and Loyalty 7. Liability of Trustees for Breach of Trust 2. Exculpatory Clauses 1. Fiduciary Duties of Corporate Directors: Care 12.
At this point in writing my review., I decided to put the page number at the beginning of each topic instead of the number of pages for that topic..
The Duty of Care as Related to Investments 211. Fiduciary Duties of Corporate Directors: Loyalty 215. Statutory Relief from Liability 226. Protection of Volunteer Directors for Tort Liability 232. Proposals for Reform 233.
Chapter 5. The Internal Revenue Code 238. Permitted Purposes for Tax-Exempt Charities 241. Basic Requirements for Exemption 246. Prohibition against Excess Benefit Transactions Applicable to Public Supported Charities 252. Restrictions on Private Foundations 264. Prohibition against Participation in Political Campaigns 285. Restrictions on Lobbying Activities 286. Unrelated Business Income Tax 289. Joint Ventures and Taxable Subsidiaries Conducting Exempt Activites. The Role of the Internal Revenue Code in Assuring Compliance with Fiduciary Duties 299.
Chapter 6 Regulation of Charities in the States 301
Chapter 7 The Role of the Federal Government in the Regulation of Charities 377
Chapter 8 Improving the Law and Regulation of Charities 428
Appendix Table 1: State Laws governing creation, administration, and dissolution of charities 476
Appendix Table 2: Cy pres doctrine applicable to outright transfers and trusts 512
Appendix Table 3: Fiduciary Duties Under State Laws 514
Index of Cases: 519
General Index 525-550.
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