What makes a lawyer good? What makes a good lawyer? Maybe we should start with the question, “what is a lawyer?”

The Orthodox Jewish community has been one of the crown jewels of New York City’s famous mosaic of cultures for centuries. The faith which began almost before recorded history has remained vibrant as yellow taxi cabs replaced horses and buggies around Central Park, and rideshare sedans now vie for the customers of yellow cabs.

Deputized fundraising (DF) has been common among religious organizations for several decades. Yet it is rarely utilized outside the religious sector so it is almost never discussed in charitable giving literature.

Social Media is both an opportunity and a threat for faith-based organizations. Nothing deters prospective program participants or donors from involvement with an organization like irresponsible social media use does. This example social media policy educates organizations on how to use social media to further their missions, rather than cause scandal or chaos, through effective and prudent social media usage.

While the first line of protection from liability is exercising best practices, holding adequate insurance is essential for any organization as a fail-safe when human error occurs.

Compared to the more common fiduciary duties of care and loyalty, the duty of obedience to mission is often forgotten. Unlike directors in the for-profit sector who seek to maximize profit for shareholders, non-profit directors must consider their organizational purposes and mission statements when making decisions.

Read this introduction to learn how bylaws are an indispensable tool for success, both in the demanding vocation of a nonprofit leader and in the fulfillment of the mission of your organization as a whole.

Effective communication saves time, builds morale, and prevents disorder and disputes. Read this section to learn how the definitions section of the bylaws empowers you and your organization to communicate clearly and protect your organization legally.

Nonprofits need the support of an engaged board and the confidence that the board’s action will be valid and final. Read this section to learn how the notice section of the bylaws sets the stage for productive board and committee deliberations and protects your organization from confusion or challenges to board or committee actions and decisions.

Committees are a double-edged sword: they can responsibly and effectively respond to an organization’s need or they can create confusing and unnecessary bureaucracy. Read this section to make sure your organization can use committees to strength your organization and avoid common mistakes.

For a religious organization, protecting the mission and faith is paramount. This protection must be more than just an abstract principle; organizations must take practical steps to preserve their religious identity and charism. Read this section to learn how members can protect your mission and vision.

Your board of directors is a crucial strategic asset for your organization. Choosing directors and defining how the board will operate are two of the most important decisions your organization faces. Read this section to learn how to approach these choices effectively and successfully.

Your organization’s future will be determined through decisions made at meetings of your leaders. Read this section to learn how your organization can set standards for meetings that will lead to the best outcomes for your mission, now and in the future.

Your volunteer directors and members give generously to their organization. Indemnification allows your organization to protect these key supporters by covering legal fees that might arise through their service. Read this section to ensure your organization is a good steward of your leaders’ time and service by setting up proper indemnification protections.

Officers execute on the organization’s strategy and mission. You need the right people serving in circumstances that will empower their success in pursuing the organization’s mission. Read this section to learn how to use the roles of officers successfully, through the establishment of appropriate qualifications, terms, and positions.

Successful decision-making requires setting the stage for thorough deliberation and appropriate consensus on the most important decisions your organization will face. Read this section so you can establish standards of review and approval that increase your organization’s likelihood of success in the future.

Leaders are key to an organization, and, to support their success, you must establish effective election processes and terms of board, officer or other service. Handled wrongly, elections and terms can create or foster an unhealthy or unstable culture. Handled rightly, elections and terms enable growth, innovation, and stability. Read this section so your organization can establish election processes and term standards that embrace opportunities and avoid pitfalls.

Tax-exempt nonprofits are overseen by both government and state regulators, as well, informally, by their donors, constituents, and the general public. Nonprofits must keep records of their key decisions and uses of funding in order to comply with the law and to honor the trust given them. Read this section to learn about the opportunity bylaws offer to make records and reporting an area of success for your organization.

Faith commitment is the defining characteristic of a faith-based nonprofit. Yet, often, faith-based nonprofits neglect to effectively articulate this commitment in their bylaws. This mistake can be devastating for the mission, the organizational culture, and the organization’s religious freedom. Don’t make the mistake of neglecting the statement of faith; learn how to ensure your bylaws align with and further your work.

Conflicts of interest can be fatal for a faith-based nonprofit. Your bylaws should: (1) communicate to your leaders, team, and the public that your organization takes conflicts of interest seriously; and (2) instruct your leaders on their obligation to establish, maintain, distribute, and enforce an appropriate conflict of interest policy. Read this module to learn how you can use your bylaws to strengthen your organization against threats in this critical area of risk.

The Parable of the Talents is often referenced when the topic of investing arises. The story aims to teach us that talents (our money, resources, tools, or gifts) are to be placed out in the world and put into action where they can benefit others, grow, and then come back multiplied. The principle applies to faith-based nonprofits, as well as individuals and for-profit businesses. When a faith-based organization finds itself with extra cash, the organization should consider whether investing these extra funds prudently would be in the organization’s best interest.

Napa Legal analyzed the user agreements of over 50 major Big Tech platforms and found that 65% of them pose risks for religious freedom and free speech. This report sets forth our findings and how you can protect your organization and advocate for just policies. Read this report if you are: (1) a nonprofit or for-profit leader who values freedom of religion and free speech and relies on technology services to pursue your mission or conduct your business, (2) a policymaker seeking to understand how Big Tech treats religious freedom and free speech on their platforms, or (3) a supporter of freedom of speech and religion.

One side-effect of COVID-19 has been the acceleration of remote working. Whether provided as an accommodation to a disability, or in response to a demand from (among others) Millennial employees, many companies and organizations will need to adapt to this new working environment. This adaptation includes providing for remote working in a way that is done fairly and avoids litigation.

Most organizations must file the Internal Revenue Service (“IRS”) Form 990 or request an extension by May 15. Many organizations also have state tax filings, charitable registration forms, corporate annual reports, or some combination of these due on the same date.

Welcome to Napa Legal's Nonprofit Library! Not sure where to start? Let us help! If you are just starting out with your faith-based nonprofit, our resources can give you clarity and confidence about the key legal issues you might face, so you can work effectively with your attorney. If your faith-based nonprofit is already operating with sophistication, our resources provide important analysis on strategic questions related to legal and religious liberty developments and the concrete steps your organization should consider.