Governing Nonprofit Organizations : Federal and State Law and Regulation / Marion R Fremont-Smith, Marion R. Fremont-Smith.

9780674037298

Cambridge, MA : Harvard University Press, [2008]

©2008

English

In English.

1 online resource (570 p.)

10.4159/9780674037298 doi

KF1388 .F74 2004

346.73/064

The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement. Table of Contents: Preface 1. The Nonprofit Sector in the Twenty-First Century The Legal Meaning of Charity Size and Characteristics of the Nonprofit Sector Current Challenges for Specific Components of the Sector Religious Organizations Health Care Organizations Educational Organizations Human and Social Service Organizations Arts and Cultural Organizations Foundations and Other Grantmakers How Extensive Is Wrongdoing in the Sector? Policy Issues Facing the Nonprofit Sector in the Twenty-First Century 2. A Brief History of the Law of Charities Introduction Evolution of Charities in Early Society Islamic Foundations Charities in England Development of Trusts Restrictions on Charitable Gifts The Statute of Charitable Uses The Role of the Attorney General and the Charity Commission Regulation of Charities after 1950 Developments in Substantive Charity Law after 1601 Charitable Corporations Charities in the United States Development of the Law of Charitable Trusts Charitable Purposes Charitable Corporations State Regulation of Charities Federal Regulation of Charities: The Internal Revenue Code Deductibility of Contributions Federal Reporting and Disclosure Requirements Congressional Investigations of Charities prior to 1969 The Walsh Commission The Cox and Reece Committees The Patman Committee 1965 Treasury Department Report on Private Foundations Tax Reform Act of 1969 Reactions to the Tax Reform Act from the Nonprofit Sector The Peterson Commission The Filer Commission Congressional Activity after the Tax Reform Act of 1969 Private Foundations Lobbying by Public Charities Unfair Competition with Small Businesses Standards for Exemption of Hospitals Regulation of Church Activities Relief for Victims of the Terrorist Attacks of September 2001 The Effectiveness of the IRS as Regulator Major Expansion of Federal Regulation: Intermediate Sanctions for Excess Benefit Transactions Other Changes in Substantive Laws after 1970 Changing Parameters of the Definition of Charitable Purposes Application of the Public Policy Doctrine to Definitions of Charitable Purposes State Action Limitations on Charitable Purposes: The Subsidy Theory Lobbying UBIT and Commercial Activities Regulation of Public Companies and Auditing Firms in 2002 and 2003 Treasury Department Anti-Terrorist Financing Guidelines Conclusion ‹/

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