【 以下文字转载自 Family 讨论区 】
发信人: GSJTW (gsw), 信区: Family
标 题: Re: 请不要放弃，我的朋友！
发信站: BBS 未名空间站 (Mon Dec 14 21:50:48 2015, 美东)
Top 5 Fundraising Legal Tips
Do fundraising professionals have to think about legal compliance and risk
management? Absolutely.
Do they spend an appropriate amount of organizational resources in these
areas? Probably not.
Law-related programs at fundraising conferences tend to be some of the least
popular. What accounts for this? I'm guessing that the general lack of
popularity results in part from fear that the presenter will add to the
already heavy burdens and challenges faced by the fundraiser rather than
provide solutions to help make the fundraiser's job easier or more effective.
The failure to be informed is no excuse for the failure to comply with the
law and protect the organization and its donors.
Here are 5 fundraising legal tips to get you started:
Make sure the mission stated in your fundraising campaigns is consistent
with the charitable or exempt purpose statement in your governing documents
(e.g., articles of incorporation and bylaws). See our previous post on the
Charitable Trust Doctrine.
Initiate a plan to register in all states in which you are actively
fundraising that require registration (39 states and the District of
Columbia). See Nonprofit Risk Management Center's Fundraising and
Charitable Registration FAQs.
Adopt a gift acceptance policy to help ensure that the organization doesn't
accept an asset that results in greater burdens than benefits (e.g., land
with hazardous waste issues; carrying or maintenance costs that will drain
cash flow).
Properly account for and manage restricted gifts and endowment funds. See
Nonprofits Assistance Fund's Managing Restricted Funds.
Provide proper receipts to your donors; the form of such receipts may depend
on the type of solicitation and gift. See Charitable Organizations –
Substantiation and Disclosure Requirements.
See also:
Association of Fundraising Professionals
CODE OF ETHICAL PRINCIPLES AND STANDARDS
Standard No. 5 - Members shall comply with all applicable local, state,
provincial, and federal civil and criminal laws.
Guidelines
a. Members recognize that compliance with applicable laws and regulations is
a clear standard. Nevertheless, laws regarding fundraising are
proliferating, and ethical practitioners, remembering the admonition that
ignorance of the law is no excuse, must be alert to new laws.
b. Members consult the legal counsel involved with their own organizations.
Most nonprofit organizations have access to legal counsel, either paid or
volunteer. Member consultants and suppliers of fundraising services also
consult legal counsel regarding their contracts and practices.
Examples of Ethical Practice:
1. Undertaking personal responsibility for keeping up with changes in
applicable laws and regulations.
2. Recognizing that one's employer may not be in compliance with applicable
laws due to lack of knowledge, and bringing this to the attention of
appropriate organizational leadership.
3. Ensuring that reports which are a part of regulatory requirements for
which the member may have some responsibility are completed accurately and
in a timely manner.
4. Maintaining appropriate licensure, registration, or certification
requirements.
5. Filing copies of contracts where appropriate.
Examples of Unethical Practice:
1. Having knowledge of a law or regulation, knowing one's organization is
not in compliance, and choosing to ignore possible remedial action.
2. Completing reports that are a part of regulatory requirements
inaccurately or in such a way as to distort fundraising results or costs.
3. Having knowledge of legal requirements for consulting practice and
failing to comply.
