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On November 21, 2022, Governor Hochul signed A9969/S9047 (the “Act”) into law, effective immediately.  The Act amends the New York Not-for-Profit Corporation Law to modernize provisions for electronic voting by unanimous consent, to better address the term length of directors elected to fill vacancies, and to state even more explicitly that directors who leave a…

Join Carter Ledyard and management consultants Plan A Advisors on a lively exploration of nonprofit boards and bylaws. This multi-part series will help nonprofit executives and board members consider revisions and amendments to make your bylaws more congruent with the way your nonprofit actually operates, improve governance, and ensure compliance with current law.

This series…

Carter Ledyard and management consultants Plan A Advisors have launched a series of insights for nonprofit boards and bylaws. The first in this multi-part series aiming to help nonprofit executives and board members is an overview on how to consider revisions and amendments to make bylaws more congruent with the way the nonprofit actually operates,…

NYC Salary Transparency Law (City Council Local Law 32), which took effect on November 1, 2022, requires businesses (including nonprofits) in NYC to include a “good faith” salary range in all job postings. The purpose of the law is to promote pay equity.  Carter Ledyard’s Employment Group summarizes the key provisions of the law here…

Effective May 7, 2022, private-sector employers in New York State that monitor or otherwise intercept their employees’ electronic and internet usage and communications must provide notice about that monitoring to their employees. These provisions apply to non-profit and tax exempt organizations. Read the full text and details here.

On October 21, 2021, the Internal Revenue Service (the “IRS”) published Notice 2021-56. The Notice sets forth current standards that a limited liability company (“LLC”) must satisfy to receive a determination letter recognizing it as tax-exempt pursuant to sections 501(a) and 501(c)(3) of the Internal Revenue Code (the “Code”).  While the IRS has provided…

On November 8, 2021, New York Governor Kathy Hochul signed legislation that permanently allows New York nonprofit corporations with members and religious corporations to hold virtual membership meetings, and nonprofit corporations to hold hybrid meetings in which some members participate virtually while others participate in person.

Prior to the passage of this legislation, Section 603…

On Friday, November 12, Governor Hochul signed S4817A, repealing certain recently enacted amendments to N.Y. Exec. Law § 172-b that  (a) imposed duplicative and burdensome filing requirements on charitable organizations and (b) required public disclosure of previously confidential information about their donors.

Charities that were required to register and file an annual statement on…

Effective July 30, 2021, the New York Attorney General’s Charities Bureau has suspended its collection of Schedule B to IRS Form 990 while it reviews possible amendments to its forms, policies, or procedures that may be necessary in order to comply with the U.S. Supreme Court’s recent decision in Americans for Prosperity Foundation v. Bonta…

On June 9, 2021, U.S. Senators Angus King (I-Maine) and Chuck Grassley (R-Iowa) introduced the Accelerating Charitable Efforts Act (the “Act”) which, if adopted, would revise current laws dictating the pace and transparency of resources flowing from private foundations and donor advised funds (“DAFs”) through a series of incentives and penalties. A joint press release…