Compliance and Legal Documents Your Nonprofit Needs
By: Attorney Michael Jonas
A friend who works with nonprofits recently asked me what questions their client should consider to know if they are in “good legal shape.” I put together a list, and my team thought it would make a great blog topic.
This list is not exhaustive, and every organization is unique. Think of this as a starting point for reflection and general information, not as legal advice.
Questions to reflect on:
Are your bylaws current and do they accurately reflect your purpose, programs, and committees?
Are you up to date with grant reporting, and do you have systems in place to compile and format that data when needed?
Do you have the right types of insurance (general liability, board errors and omissions, cyber, or others specific to your work)?
Do you handle health or other private information? If so, do you have proper agreements in place (HIPAA forms, informed consent, confidentiality clauses in contracts or handbooks)?
Do you have written contractor and employee agreements? Have you distributed the proper tax forms (W-9s for contractors, W-4s for employees)?
Are you protecting your intellectual property? Have you filed copyrights, trademarks, or patents, and do you have licensing agreements or disclaimers for your materials?
Do you have participation agreements for program participants and/or liability waivers for volunteers?
If you serve as a fiscal sponsor, do you have a written fiscal sponsorship agreement?
Do you have legally binding contracts with vendors and community partners (beyond emails or MOUs)?
Do you have sponsorship agreements that outline terms, liability, and marketing guidelines?
Have you consulted not only with an attorney but also with a bookkeeper, accountant, financial planner, or other service providers who can help you?
Are any of your documents or processes outdated?
Are there other areas where you would benefit from professional advice?
If any of these questions raise concerns, it might be time to connect with professionals who can help.
If you’d like to talk about your nonprofit and see what it might need to be in “good legal shape,” contact us here.
