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Developing an Asset Allocation Strategy
Fundamentals
As needs in their communities continue to grow, community foundations recognize the importance of making the right investment decisions. That’s because good investments help attract donors, preserve the long-term purchasing power of assets, and increase the amount of money available for grantmaking…
Designing a Development Plan
Fundamentals
A development plan outlines a foundation’s goals and strategies for developing resources. It explains how staff, board members, and other volunteers should focus their development efforts within a certain period (usually one or two years). A development plan also helps measure progress in the midst…
Corporate Disclosure and the Sarbanes-Oxley Act of 2002
Legal Compliance Guidance
What is the Sarbanes-Oxley Act?
The Sarbanes-Oxley Act of 2002 was designed to rebuild public trust in the corporate community in the wake of the Enron scandal and other corporate and accounting scandals. Sarbanes-Oxley requires publicly traded companies to adhere to governance standards that…
Comparing Grantmaking Strategies for Community Foundations
Fundamentals
Most community foundations operate a competitive grantmaking program that is responsive to their community—meaning they make grants in response to requests from those seeking grants. At times, however, you may ask: Is this approach the most effective use of our philanthropic dollars?
Some…
Building a Successful CEO-Board Chair Relationship
Fundamentals
Both the board and CEO advance each foundation’s mission. They hold different responsibilities, but they need to support and balance each other.
The board chair-CEO partnership is crucial to your foundation’s effectiveness, as well as to your success as a CEO. As one CEO said, “To have a…
Sample Board of Directors Election and Retention Policy
Sample Document
This is a sample document to guide the development of your Board of Directors election and retention policy.
Annual Reports
Fundamentals
An annual report is your foundation's report to the community—a year-end summary of your activities, a record of grants and issues funded, and a description of donor contributions. The annual report is likely your community foundation's most important public relations tool and part of your larger…
Accounting for Agency Endowment Funds Held at Community Foundations
Legal Compliance Guidance
Introduction
Nonprofits place their endowment funds with community foundations for a variety of reasons, including investment expertise, efficiencies, and access to planned giving advice and services. As nonprofit organizations seek to place their assets and partner with the foundation, questions…
How a Private Foundation Can Use "Friends of" Organizations
Legal Compliance Guidance
U.S. private foundations are increasingly involved in international grantmaking. One way for a private foundation to give overseas is to make grants directly to foreign charities. Many U.S. private foundations, however, may want to consider giving overseas indirectly through a "Friends of"…
Basic Options for Global Grantmaking by U.S. Foundations
Fundamentals
The Council on Foundations' definition of “international grantmaking” includes grants made by U.S. foundations and corporations to overseas recipients as well as grants made to U.S.-based organizations operating international programs. This also includes grants made toward activities wholly within…
Changing Supporting Organization Status
Legal Compliance Guidance
With tighter restrictions on grants to supporting organizations after the PPA, reclassifying into a public charity with fewer restrictions is an option worth considering.
Supporting organizations that meets the public support test can be reclassified as a public charity under section 509(a)(…
Council Summary: Report to Congress on Supporting Organizations and Donor Advised Funds
Legal Compliance Guidance
The Treasury Department released its report on donor advised funds (DAFs) and supporting organizations (SOs) in December of 2011. This report, mandated by the Pension Protection Act of 2006, was due in August 2007.
The report is 109 pages, including appendices, and is divided into five chapters:…
Treasury Report on Donor-Advised Funds and Supporting Organizations
External Resource
In Notice 2007-21, the Treasury Department and IRS requested comments on issues relating to the organization and operation of donor-advised funds and supporting organizations, to be included in a study of these organizations. The resulting report includes a detailed discussion of the legal…
990 Filing for Small Public Charities
Legal Compliance Guidance
Under the Pension Protection Act of 2006 (PPA), any organization that is not required to file Form 990 because it is a “small public charity” will be required to submit an annual 990-N report to the IRS. The IRS posted FAQ's with additional information about the filing requirement. A “small public…
Section 4947(a)(2) Split-Interest Trust Reporting
Legal Compliance Guidance
The Pension Protection Act of 2006 (PPA) has introduced filing requirements for split-interest trusts such as charitable remainder trusts and pooled income funds.
Which returns are affected?
These requirements apply to returns for taxable years beginning after December 31, 2006.
What are the…
Public Disclosure of Form 990-T for Private Foundations and Public Charities
Legal Compliance Guidance
Under the Pension Protection Act of 2006 (PPA), the rules for public disclosure of the Form 990-T by public charities and private foundations became identical to those for Form 990.
Which forms are affected?
Any Form 990-T filed after August 17, 2006.
What are the public disclosure requirements…
About Council Resources
As a benefit of membership, the Council on Foundations attorneys and legal staff provide information and education to Council members regarding a variety of topics related to foundation operations and legal compliance. All information on this website, and all publications, articles, e-mail correspondence and telephone consultations provided by Council attorneys and legal staff are intended for informational purposes only and not as part of an attorney-client relationship. Council attorneys are not licensed in every state and cannot provide legal representation.
The information is not a substitute for expert legal, tax or other professional advice tailored to your specific circumstances, and may not be relied upon for the purposes of avoiding any penalties that may be imposed under the Internal Revenue Code. Council members may e-mail legal@cof.org with inquiries and for more information.
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