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Not-for-Profit Corporations: A Focus on Formation and Governance

(116 reviews)

Produced on March 25, 2019

$ 59 Non-Profit and Public Interest Law In Stock
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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

A charitable intention is not enough to create a valid not-for-profit organization. Navigating the federal and state landscapes regulating and restricting charitable entities is a complex endeavor. This program, led by attorneys Yolanda Kanes and Ralph Siciliano, will focus on federal and state regulations pertaining to not-for-profit corporations and governance issues relating to those entities. Here, they will address formation issues such as selecting the type of charitable organization and achieving and maintaining Federal Tax Exempt status, as well as important governance issues. Governance issues on the docket include standards of fiduciary conduct and excess benefit transactions.


Learning Objectives:

  1. Select the correct type of charitable organization and auditors
  2. Achieve and maintain Federal Tax Exempt status
  3. Balance state registration and reporting requirements with those at the federal level
  4. Identify related party transactions
  5. Establish investment policies and key by-law provisions
  6. Appreciate restrictions on lobbying and political activities
  7. Mitigate conflict of interests

Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit

Lawline reports attorney attendance in select states. View more about CLE reporting .

Faculty

Ralph A. Siciliano

Tannenbaum Helpern Syracuse & Hirschtritt LLP

As head of the firm's Governmental and Regulatory Investigations Practice, Ralph Siciliano represents investment advisors, private funds, broker-dealers and their associated persons, and officers and directors of publicly held companies in connection with investigations and enforcement proceedings brought by federal and state authorities and self-regulatory organizations, including the SEC, CFTC, FINRA, offices of the United States Attorney, and State Attorneys General. Having held senior enforcement positions in the New York Office of the U.S. Securities and Exchange Commission, Ralph has extensive experience dealing with federal and state regulatory agencies and self-regulatory organizations. Ralph also represents officers and directors of public companies and financial services institutions and individuals in securities-related litigations, including the defense of class actions, shareholder derivative actions and claims by bankruptcy trustees. Ralph also has served as counsel to Audit Committees and other Special Committees of the Boards of Directors of public and not-for-profit corporations in connection with corporate governance issues.

Ralph has been selected for inclusion in New York Super Lawyers for 2011-2014.

Publications

  • Second Circuit Issues Key Decision Clarifying What A Tippee Must Know To Be Held Liable For Criminal Insider Trading Liability | Business Litigation Bulletin | December 2014
  • Avoidance of Securities Transactions – Investor Exposure | E-Alert | May 2014
  • How Can Hedge fund Managers Apply the Law of Insider Trading to Address Hedge Fund Industry-Specific Trading Risks (Part 2 of 2)| Hedge Fund Law Report | August 15, 2013
  • How Can Hedge fund Managers Apply the Law of Insider Trading to Address Hedge Fund Industry-Specific Trading Risks (Part 1 of 2)| Hedge Fund Law Report | August 7, 2013
  • Insider trading—let the tippee beware | InsideCounsel | April 11, 2013
  • SEC actions time-barred after five years? Not quite | InsideCounsel | March 28, 2013
  • Risks of Using Expert Networking Firms – The Latest Prosecution for Insider Trading | BulletPoints | December 2012
  • Insider Trading and Tippee Liability: The Second Circuit Reconciles Two Inconsistent Scienter Requirements | Business Litigation Bulletin | November 2012
  • The Madoff Fraud: A Ground-Breaking Case in Cross-Border International Litigation | Reprint with permission from: International Law Practicum, Vol. 25, No. 1 | Spring 2012
  • Offshore Asset Recovery: Investigations and Legal Proceedings | International Law Practicum, vol. 25, no. 1 | Spring 2012
  • Will The STOCK ACT Affect How Investment Advisers Conduct Governmental Research? | Bullet Point | April 2012
  • When Government Information Can be 'Inside Information' Under the Federal Securities and Commodities Laws | GlobalNote | 2012
  • The Insider Trading Laws and Hedge Funds | 2011
  • The Fund Manager's Dilemma: the Need to Know versus the US Insider Trading Laws | published in the Alternative Investment Management Association Magazine's Autumn 2007 Edition | Autumn 2007
  • New SEC Rules Requiring Attorneys to Report Evidence of Violations | 21st Annual American Law Institute-American Bar Association Course on Product Distribution | March 2006
  • Chapter, SEC Reporting Obligations | The Practitioner's Guide to the Listing Rules of the New York Stock Exchange | 1997


Yolanda Kanes

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Yolanda Kanes is a partner and co-Chair of the Trusts & Estates, Private Client and Tax-Exempt Organizations department. She has been practicing at Tannenbaum Helpern Syracuse & Hirschtritt LLP since graduating from Fordham University School of Law in 1984.

 

Yolanda counsels individuals and families in the preparation of wills, trust agreements and related instruments pertaining to all phases of estate planning and administration. She advises high-net-worth individuals on complex estate and transfer of wealth plans, including business succession, matters pertaining to closely held companies, and in creating and maintaining family offices. She has represented non-resident aliens regarding U.S. tax aspects of their plans as well as U.S. persons establishing trusts off shore.

 

Her diverse experience extends to Federal and State litigation involving corporate and real estate transactions with a specialty in trusts and estates litigation. Yolanda represents fiduciaries and beneficiaries in all aspects of estate and trust litigation matters in Surrogate's Courts, the Supreme Court of the State of New York and in appellate practice.

 

She has also developed an expertise in advising individuals and families in matters relating to pre-nuptial, post-nuptial and marital agreements; adoptions; and establishing and advising clients on private foundations and other charitable organizations.

 

Yolanda has handled Family and Trust Arbitrations and has served as an arbitrator.



Reviews

RC
Robert C.

Interesting and useful. Very likable presenters. Thanks.

KS
Karen S.

Very knowledgeable speakers.

JH
James E H.

Excellent use of examples to explain nuances.

JD
John D.

The Lecturers were very knowledgeable and provided good insight.

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