S.O., no - Integrity, yes.

I heard you getting anxious out there after my post on Sarbanes-Oxley. "But but but . . . what about the new California law?"

Indeed, California - never one to leave a regulatory void - has come to the rescue (or thrown us back in the river, depending on your philosophical bent). The California Nonprofit Integrity Act (SB1262), now playing at a board meeting near you.

Are you ready for the show? Do you even need a ticket?

If you're a charitable org (you know - a "501c3") - yes. If you're a trade association, civic league, social club, or agricultural or consumer cooperative (501c4,5,6,7, etc) - probably not.

Lions and tigers and PACs - oh my

For many of my clients, the periodic filings required by the Fair Political Practices Commission are the equivalent of flying monkeys. Oh sure, you can spawn a political action committee with just the filing of a simple form (they're always so cute when they're born aren't they?)

Then BAM! WHACK! POW! (aaah, Batman . . .) But I digress. The filings . . . .

Now if they could somehow keep the pesky things on a regular feeding schedule (oh, I don't know - maybe quarterly? bi-annually? - and don't worry, you'll have those too), but no my caped crusader, they're r-a-n-d-o-m. Well, not really (no offense Jeanette, Dixie, Kevin, and Emily) - but it sure seems like it doesn't it? When? How? What? Don't they ever sleep? Unlike those IRS forms - these are COMPLICATED.

And let me guess . . . . they made YOU the treasurer? Uuuuuuuf course they did (and such nice personal liability it is too). Hmmmm, maybe you should hire a professional? Someone who knows how to find the answers. If I think of anyone I'll let you know.

Yes, you too can schmooze!

I know, I know - "No lobbying for 501(c)(3)s except to an insubstantial degree". WRONG! Ken? "What is . . . the 501(h) election Alex." That is correct. Just file that IRS Form 5768 and off you go.

Now don't confuse lobbying with "political activity" - that's still a no no for c3s. But you CAN lobby (depending on your budget, maybe up to a million bucks a year!), with just the filing of a form.

Hate forms? Go ahead - live it up anyway. Even without making the election, charitable orgs can involve themselves in issues of public policy to a certain extent without the activity being considered lobbying. So put on those educational meetings, prepare and distribute educational materials, and "blog on" about those public policy issues in an educational manner - all without jeopardizing your 501c3 tax exempt status.

Now where was I?

Forty-eight hours later, and finally back to square one. Ah yes, Sarbanes-Oxley . . . I was trying to enlighten the nonprofit world that despite what they are hearing from everyone, the Sarbanes-Oxley Act does not apply to nonprofit organizations. It doesn't even apply to all for-profit entities - only to publicly traded companies. DW shared his perspective that maybe I shouldn't be "sharing" quite so much when after all, shouldn't we hope that the false perception about S-O will bring more and fuller disclosure from those who would otherwise be mute? Well, yes and no. Yes, when it's a sham operation trying to rip off the public. No when it's a small but already ethical organization just trying to carry out its worthy mission, only to find that all its resources are going to lawyers and accountants.

My first time

Blogging of course. Yesterday was my first day in the world of blogging. I set it up Wednesday night, and by Thursday morning had my first comment! (ok, so my excitement may have exceeded the event, but still . . .) I emailed the big news to my mom and one of my friends, both of whom were more "parade rainer" than cheerleader. My friend said, "I read your stuff on the blog site (or does one just say 'the blog'?)" Thank goodness he's a good dancer.

When I told my girlfriends at bookclub about it last night, they listened politely for what I'm sure seemed like an hour to my excited explanations about "blogging" and then all burst into laughter and said, almost in unison, "you are SUCH a geek!" Could be.

Late last night I tried to add some html code to my blog, and completely screwed it up apparently because I lost the entire thing! poof - gone! My precious first comment (sorry DW!), my first blog musings, everything! So I'm starting over with Blog2 a little humbled, a little wiser, and still without that dang html code. Any ideas?

Blah, blah, blahg . . .

The information on this blog is for informational and entertainment purposes only. It is not intended to, and does not, constitute legal advice or a legal opinion. It does not create an attorney-client relationship between attorney Jill England and any viewer/user of the site. You should not act or rely upon any information you obtain from this blog without first seeking the advice of an attorney regarding the facts of your specific situation. The information on this blog is intended to be accurate and current; however Jill England does not promise or warrant that it is. If you communicate with attorney Jill England through this blog or by email, your communication alone will not create an attorney-client relationship. Therefore, the attorney-client privilege will not apply to communications with Jill England until and unless a written agreement creating an attorney-client relationship is executed between you and Jill England.