47 votes
Accepted

Can I frame my app business as a nonprofit if users can choose the amount to pay to download my app?

Being a "non-profit" organization, in the US at least, does not mean you don't make a profit. There are plenty of for-profit companies that don't make a profit. What it means is that you ...
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  • 1,857
25 votes
Accepted

Non-profit granting rights of use of software to for-profit

You can't grant or license that which is not yours. For example, the Slack terms of service say: We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for ...
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22 votes

Can I frame my app business as a nonprofit if users can choose the amount to pay to download my app?

The answer by @jwh20 is good but does not summarize the nature of a non-profit organization. There are essentially three kinds of private entities. A natural person is a human being who is looking ...
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9 votes
Accepted

Can you be sued for money if your product is released for free?

Yes. Money damages can be awarded in this circumstance and would likely be awarded if the infringement was found to have occurred and not to have been fair use. Even in the absence of proof that any ...
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  • 139k
6 votes
Accepted

Can an LLC be a non-profit 501c3? And can a for-profit LLC accept donations via patreon or kickstarter?

An LLC can obtain a 501(c)(3) designation, but all its members/owners must also be 501(c)(3) non-profits. So if Red Cross and Habitat for Humanity and Goodwill got together to start an LLC, that LLC ...
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  • 45.2k
5 votes

What laws regulate owners of fundraising websites?

There's nothing that makes it illegal to ask others to give you money to donate to a third party. But if you want to say you're fundraising on behalf of another organization, obviously you need its ...
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  • 1,216
5 votes
Accepted

Is patent law still applicable if the breacher is doing so under a non-profit initiative?

The actions that constitute patent infringement do not depend upon whether or not the infringer is a nonprofit or not. Disgorgement of profits is one possible remedy for patent infringement, and if ...
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  • 139k
4 votes
Accepted

Questions regarding legal aspects of John Oliver's debt forgiveness giveaway

Oliver or his shell corporation could have directly forgiven the debt as a gift to the debtors. As a gift, it would not have to be reported as income, according to the IRS. In that case, he would need ...
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  • 165k
4 votes
Accepted

Can a mail-forwarding service be used as the registered agent for an MN non-profit?

A registered agent's address must generally be a physical address where the registered agent or someone authorized to accept process for a registered agent is physically present. This is because ...
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  • 139k
4 votes

Can you be sued for money if your product is released for free?

Yes. Even if you didn't profit from the violation, the company may have incurred losses because of it (e.g., lost sales because somebody was giving away copies of their product for free).
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4 votes

How to prevent non-profit from being taken over?

That isn’t a “takeover” Most importantly because not-for-profits do not exist as financial vehicles for their owners, they are a resource of the community for the benefit of their members, both ...
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  • 157k
3 votes
Accepted

Incentive for offering discounted services to NPO/Charity/501(c)(3)?

Under U.S. federal tax law: In general, a discount on a service provided to a charity is not tax-deductible. There is no deduction for "opportunity cost." So, for example, if you bill professionally ...
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  • 20k
3 votes

What laws regulate owners of fundraising websites?

Churches are available for tax-exempt status, and if your church is filed this way then you should work with them to determine how you will legally transfer money in this tax-exempt manner. Donors (...
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3 votes

501(c)(3) Bylaws Question - Does this clause mean a motion to amend bylaws can go forward without quorum?

No An amendment must happen at a meeting: without a quorum there is no meeting.
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  • 157k
3 votes

How aggressive does a business need to be at preventing customers from bringing alcohol on premises?

They need only take " reasonable measures", which is fairly subjective sounding... I know... But it just means that it's a fact dependent analysis taking into consideration all of the facts that are ...
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  • 10.9k
3 votes
Accepted

What type of organizations are exempt from EEOC regulations?

From the U.S. Equal Employment Opportunity Commission (EEOC) website: An employer must have a certain number of employees to be covered by the laws we enforce. This number varies depending on the ...
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  • 5,465
3 votes
Accepted

Are there ways to hold communal companies?

This would be a co-operative society, or a 'co-op': A Co-operative Society is a membership organisation run for the mutual benefit of its members – serving their interests primarily by trading ...
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  • 606
3 votes

Can an organization build something for its own exclusive use, that is patented by someone else?

The relevant section of US patent law was already posted in an answer on one of the questions you linked, but I'll repeat it: 35 USC 271 (a): Except as otherwise provided in this title, whoever ...
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3 votes

Is it legal for a private foundation to compensate a "disqualified" person for direct charitable activities?

Maybe, but maybe not; or, It all depends As with most questions about private foundations, the answer to your question depends on the details about: a) your specific situation; and, b) how exactly the ...
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  • 7,977
3 votes

How to create a long-lived organization that executes a certain program?

You can do it using a US non-profit, but you need a lawyer We know it can be done in the US using a non-profit because it has been done. For example, the Clay Institute’s Millennium Prize does exactly ...
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  • 7,977
3 votes

What dcouments must be available as hard copies (printouts) for a 501c3 (non-profit organization) in Ohio?

Based on a reply from the Charitable Law Office of Ohio Attorney General: Hello, I am in receipt of your inquiry below. Please be advised that there is nothing to prohibit using electronic storage ...
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3 votes

Is it legal for non-US citizens (or lawful permanent residents) to volunteer to US non-profits from their country?

First off, no the Patriot Act would not stop you from participating in this organization (The Patriot Act broadened the definition of Terrorism and types of crimes that might constitute terrorism, the ...
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  • 17k
3 votes
Accepted

Is it legal for non-US citizens (or lawful permanent residents) to volunteer to US non-profits from their country?

Short Answer In all likelihood there is no legal risk to a U.S. 501(c)(3) non-profit associated with receiving in-kind volunteer assistance of the kind described or any other volunteer personal ...
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  • 139k
3 votes
Accepted

Nonprofit for religious blog?

The IRS page "Exemption Requirements - 501(c)(3) Organizations" describes the basic requirements for an organization to qualify as tax-exempt under section 501(c)(3). The linked page "...
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  • 97.1k
2 votes

Nonprofit Board did not send notice of annual meeting

It depends, and you have to check your Articles of Incorporation, which are public documents filed at the State corporations department. They are typically online. If your organization is ...
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2 votes

Nonprofit Board did not send notice of annual meeting

If an action was taken that violates the bylaws you don't need to appeal to any external power; under the organization's own definition the action is invalid. In the given example, it's like the ...
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  • 20k
2 votes

Does a non-stock company in Virginia need to have a Board of Directors?

Yes, Virginia nonstock corporations are required to have a board of directors...unless the members or directors expressly agree to eliminate it. Requirement for and duties of board of directors (§ ...
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  • 5,923
2 votes

Minimum donation

It really depends on the claim they make. Claiming to be a 501(c) tax-exempt non-profit organization is a specific claim, and if they are not one but are soliciting donations claiming to be one, that ...
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  • 165k
2 votes

In the United States, is there a Governmental Entity that oversees the auditing of various other non-governmental entities?

Within the field of accounting, the process of maintaining financial records and auditing financial records for purposes other than tax collection is called "financial accounting" as distinct from "...
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  • 139k
2 votes
Accepted

At what point would giving biased attention, positive or negative, to a candidate, constitute endorsement of or opposition to a candidate?

There is room for interpretation. The Congressional Research Service issued a paper in 2013 which restates what it found the law to be. However, there isn't a corpus of publicly available cases which ...
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  • 165k

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