Charity Therapy: Recent Episodes

Jess Birken, MNM, JD

What goes on behind closed doors at nonprofits? Listen and find out what goes wrong, what goes right and what we can learn from it all. Irreverent and informative Dear Abby style Q & A with your host Jess Birken and a cavalcade of guests.

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What if you could just... skip the whole "having a board of directors" part of running a nonprofit? Turns out, you're not the only one who've thought about it!

We all know every nonprofit pro has quietly wondered at some point whether they really need a board at all. This week's listener question puts that quiet part out loud, and we dig into what's really going on when a board goes off the rails.

Real Listener Question:

"I work for a small business league and our whole board is useless. They do nothing to help us but keep finding random projects for us to do. The directors all say they're too busy for their normal board duties. My ED and I are wondering if there's a way to get all the board members to just sign away their roles so we don't have to have a board at all. Can we do that?"

Meghan and I break down what a board is actually supposed to do, why some people join boards for reasons that have nothing to do with the mission, and why "let's just get rid of them" is a fantasy (even though the underlying frustration is very real).

What You'll Learn:

  • What the core job of every nonprofit board actually is
  • Why some boards drift into micromanaging staff and how it happens
  • Why "signing away" board roles isn't a legal option (sorry!)
  • What to do when board members treat staff like their personal assistants
  • Why board and staff relationships are hard for every nonprofit
  • When it's time to bring in outside training for your board

Bottom line: It's completely normal to be frustrated with your board. You're not alone. But the answer isn't getting rid of them. It's figuring out what your board is actually there to do and getting them back on track.

Resources from this Episode

  • Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct169-nonprofit-retirement-christopher-tipper/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/08/CT_Ep170_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Your nonprofit is doing well, but you're worried you'll lose good employees if you don't offer retirement benefits. You've heard of a 401(k), but is that the right move?

I'm joined by Christopher Tipper of Hunter Benefits Consulting Group to break down retirement benefit options for small nonprofits. Christopher helps us wade through the alphabet soup of 403(b)s, 401(k)s, and simple IRAs.

Real Listener Question:

"I'm an Executive Director of a small org, and I've been advocating to my board that it's time to offer more benefits, including a 401(k). I realize it's a selfish ask since I'd benefit too, but I think it would help us recruit and retain good people. I started researching and I'm already in over my head. How do I even begin?"

Christopher and I walk through the retirement plan options that actually make sense for small nonprofits, why the 401(k) isn't always the best fit, and what the ED needs to know before pitching this to their board.

What You'll Learn:

  • What retirement plan options nonprofits can consider and which ones actually make sense
  • Why a simple IRA might be the easiest and cheapest option for small orgs
  • What a 403(b) is and why only 501(c)(3) organizations can offer one
  • Why the "highly compensated employee" definition is not what you think it is
  • What compliance really costs and what to budget per eligible employee
  • Why AI is genuinely dangerous for retirement plan advice

Bottom line: If you're the ED asking whether it's a conflict of interest to advocate for retirement benefits, stop worrying. The board decides. Your job is to make the case, not to feel guilty about being included.

Resources from this Episode

  • Learn about Christopher Tipper's firm at https://hunterbenefits.com/
  • Watch Christopher's videos: https://www.youtube.com/@Hunter_Benefits
  • Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct168-flat-org-structre-pablo-otaola
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/07/CT169_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Christopher Tipper: https://www.linkedin.com/in/christophertipper/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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A nonprofit was built to run like a co-op. Everyone's equal. There's no HR. Is that your dream, or a nightmare that feel suspiciously like high school?

I'm joined by Dr. Pablo Otaola, CEO of Thriving Culture LLC, to tackle a listener question about this exact scenario. An executive director walked into an organization built on flat structure ideals, but instead of a utopia they found bullying, cliques, and power plays..

Real Listener Question:

"I'm an ED for a nonprofit with a flat structure. We supposed to run like a co-op, where everyone but the board and ED shares the same title. The goal was to create a fair and equitable environment, but in practice it's like high school. Bullying, power plays, cliques trying to control the group with zero accountability. How do I change the organization?"

Pablo and I break down the problems we've seen with flat organizational structures, what actually creates a thriving culture, and how a nonprofit leader can start changing the DNA of an org that's been stuck for years.

What You'll Learn:

  • The building blocks of a healthy organizational culture
  • Why flat structures look SO good on paper but may fall flat (pun intended!) in real life
  • Why "no HR" is a legal red flag no matter how good your intentions are
  • How a leader's personality can get embedded into org culture
  • What it really takes to change a culture that's been encoded for years
  • When to stop reading blogs and get outside help from someone who's done this before

Bottom line: You don't hire the surgeon not to cut you. If your culture is broken, it's okay to ask for help. Change is uncomfortable, but it's the only way forward!

Resources from this Episode

  • Learn more about Pablo's work at Thriving Culture LLC: https://www.thrivingculturellc.com/
  • Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct167-directors-officers-insurance-cody-wiswasser/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/07/CT168_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Dr. Pablo Otaola: https://www.linkedin.com/in/pablootaola/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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You're sitting on a nonprofit board. You haven't done anything wrong. Could someone really sue you personally over it? The unfortunate answer is YES, and the costs can pile up fast.

I'm joined by Cody Wiswasser, an insurance professional at Community Partners Insurance Group, to tackle a question from a small animal rescue trying to decide whether directors and officers insurance is actually worth the cost. The short answer is yes, but Cody walks me through why that is, and what most nonprofit boards don't realize about their exposure.

Real Listener Question:

"We recently learned about directors and officers insurance but I'm not sure if it's really necessary. I'm worried the cost will be prohibitive for her. I don't want some litigious person to come after me for something stupid, but we work in a small community where everyone knows everyone. Is this really worth it?"

Cody and I break down what D&O insurance actually covers, why most claims aren't what you'd expect, and why every nonprofit needs this coverage no matter how small.

What You'll Learn:

  • The two insurance policies every nonprofit needs at a minimum
  • Why most D&O claims come from interpersonal disputes
  • What a "prominent person lawsuit" is and why it matters for wealthier board members
  • Why even frivolous lawsuits can cost $10,000+ to make them go away
  • The difference between A-side, B-side, and C-side D&O coverage
  • Why talking to an insurance broker should happen when you start, not years later

Bottom line: No one is going to wave their fairy dust over your nonprofit just because you're doing good work. Plan for risk like you mean it and protect your board before something goes wrong.

Resources from this Episode

  • Learn more Community Partners Insurance Group at https://communitypartnersins.com
  • Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct166-strategic-planning-perry-monastero/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/05/CT167_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Cody Wiswasser – reach out at: cody.wiswasser@cpiginsurance.com

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Your nonprofit hosted its first ever strategic planning retreat… and it was a complete disaster. So, what do you do now??

I'm joined by R. Perry Monastero, owner of RPM Consulting Group, to dig into a listener question that had us both saying "oof" out loud. A brand new board member sat through a nightmare retreat full of college-style exercises and definition debates. They want to help the board get back on track, but they don't want to step on toes as the newest person in the room.

Real Listener Question:

"We had our first ever strategic planning retreat, and it was a NIGHTMARE. We came up with words like 'diversity' and 'integrity' and sat around debating definitions for the entire retreat. Afterwards, the ED and president drafted a new mission statement and emailed it to the board with a litany of questions. I want to help us get back on track. What do I do?"

Perry and I break down what strategic planning actually is, why this retreat probably wasn't really strategic planning at all, and how a new board member can navigate the situation gracefully.

What You'll Learn:

  • What real nonprofit strategic planning looks like versus what a lot of orgs end up doing
  • Why a retreat without a facilitator is often a setup for disengagement
  • Why "this could have been an email" is the millennial response to bad governance
  • How to ask great questions as a new board member without ruffling feathers
  • Why you don't have to do a deep-dive strategic plan every single time
  • When to bring in outside expertise and where to find reliable nonprofit resources

Bottom line: You wouldn't have your best friend clean your teeth instead of a dentist. So why would you skip professional support for one of the most important conversations your nonprofit will have?

Resources from this Episode

  • R. Perry Monastero / RPM Consulting Group: https://rpmcg.com
  • BoardSource: https://boardsource.org
  • National Council of Nonprofits: https://www.councilofnonprofits.org
  • Standards for Excellence Institute: https://standardsforexcellence.org
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/06/CT166_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • R. Perry Monastero: https://www.linkedin.com/in/perrymonastero/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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So you've submitted your IRS application and you're anxiously awaiting the letter in the mail with their response. But what if it just… never comes??

Meghan and I tackle a listener question from a new nonprofit that did everything right – they got their tax-exempt status (yay!) but still can't find the actual letter. What do you do?

Real Listener Question:

"My org got approved as a 501(c)(3) according to the IRS bulk list for my state. But I never actually received the determination letter and it's not on the website. Is this common? I know that many grants ask for the actual letter, so I'm not sure what to do."

Meghan and I break down what a determination letter is, why it might not have arrived yet, and what to do if you need a replacement (for any reason).

What You'll Learn:

  • What a determination letter is and why it matters for your nonprofit
  • Why your letter might not have arrived even though your status is real
  • How to use the IRS Tax Exempt Organization Search and what it actually shows
  • When to wait it out vs when to request a replacement letter
  • How to request a replacement determination letter from the IRS for free

Bottom line: The IRS moves SLOWLY sometimes. You can request a new determination letter anytime, but remember that every new request is another filing that will take time to complete. Take a deep breath and be ready to wait.

Resources from this Episode

  • IRS Tax Exempt Organization Search tool: https://apps.irs.gov/app/eos/
  • Request a replacement determination letter from the IRS: https://www.irs.gov/pub/irs-pdf/f4506b.pdf
  • Learn about the leadership fiasco at the IRS: https://birkenlaw.com/charity-therapy-podcast/ct139
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT165_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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So a nonprofit hires an Executive Director, skips all the onboarding, sets no goals, and now… wants to fire them. Yikes!

I'm joined by Debbie Rabishaw, founder of HR consulting firm Next Step Advisory, to tackle a listener question that has more layers than an onion. A small nonprofit is in the middle of transitioning from a working board to a governing board, their new ED is getting mixed reviews, and some board members have already gone rogue. Things are messy, and Debbie and I have thoughts.

Real Listener Question:

"We hired a new executive director a year ago but didn't set any goals for her. A new evaluation committee sent out an anonymous staff survey and got mixed results, including some poor feedback. Now some board members want to demote her and split her role. I'm thinking of proposing a performance improvement plan, but we haven't documented any issues. What's the best way forward?"

Debbie and I dig into what this board is actually dealing with, why the response feels disproportionate to the situation, and what good performance management actually looks like for a nonprofit's first employee.

What You'll Learn:

  • What the relationship between the board and Executive Director SHOULD look like
  • Why you can't put someone on a PIP if you never set expectations in the first place
  • How to course correct when things didn't start off the right way
  • Why the board needs to look at its own responsibility before pointing fingers
  • What anonymous stakeholder surveys can and can't tell you about performance
  • Why employment law applies to your nonprofit no matter how small you are

Bottom line: You can't hold someone accountable for expectations that were never set. Own your part, reset the compass, and give this hire a real chance to succeed.

Resources from this Episode

  • Learn more about Debbie at www.nextstepadvisory.us
  • Previous Episode: Can a Religious Nonprofit Apply for Status with the IRS 1023-EZ Short Form?: https://birkenlaw.com/charity-therapy-podcast/ct163-religious-nonprofit-1023/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/04/CT164_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Debbie Rabishaw: https://www.linkedin.com/in/debbierabishaw/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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So you're a charity grounded in religious values. Does that make you a church in the eyes of the IRS?

Meghan and I dig into a listener question that had me doing a genuine double take. A religious nonprofit submitted the 1023-EZ short form and got rejected because the IRS decided they were a church. What gives?!

Real Listener Question:

"The IRS rejected our 1023-EZ because they think we are a church, which would require the full 1023 form. But we are not a church. We are a religious organization. How do I fix the application to get them to accept our 1023-EZ?"

Meghan and I break down the key difference between a church and a religious nonprofit, why the IRS treats them differently, and what this listener may have done wrong on their application. Plus you'll get a classic Jess Birken rant about why the IRS doesn't make any sense!

What You'll Learn:

  • How the IRS defines a church versus a religious nonprofit organization
  • How churches file (or don't file) for their tax-exempt status
  • How religious charities are treated differently than churches, mosques, temples, etc.
  • The most common mistakes people make on the 1023-EZ that trigger a rejection
  • How one wrong checkbox or one poorly worded sentence can get your application flagged
  • How to fix your application and get it into the right bucket

Bottom line: The IRS puts churches and religious nonprofits in different buckets. Knowing which one you are and how to say it on your application makes all the difference.

Resources from this Episode

  • See the eligibility worksheet for Form 1023-EZ: https://www.irs.gov/pub/irs-pdf/i1023ez.pdf
  • File using our Do-It-Yourself 1023-EZ Tool: https://birkenlaw.com/diy-1023-ez
  • Watch the Righteous Gemstones: https://www.hbomax.com/shows/righteous-gemstones/c3bd0a34-c4ce-4ca5-bd6c-820df7340671
  • Previous Episode: Are Nonprofit Startup Costs Tax-Deductible Donations for the Founder? https://birkenlaw.com/charity-therapy-podcast/ct162-nonprofit-startup-costs
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT163_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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You scraped together your own money to start a brand-new nonprofit. You're out the money, but can you at least take a tax deduction?

Meghan and I are back with a question from a new nonprofit founder who wants to know if the startup cash they put in before getting their 501c3 status counts as a tax-deductible donation. It's one of the most common questions we hear from new founders, and the answer involves a pretty handy IRS rule most people don't know about.

Real Listener Question:

"In June 2025, two friends and I created a housing placement nonprofit and each put our own money in to get it started. We earned our 501c3 status that September. Does that startup cash count as a tax-deductible donation even though it happened before our status was official?"

Meghan and I break down the IRS backdating rule, the chicken-and-egg problem of nonprofit startup costs, and what founders need to know before they file their taxes.

What You'll Learn:

  • Why starting a nonprofit costs more than most founders expect
  • The IRS backdating rule and how it protects early donors and founders
  • What the 27-month window means for your tax-exempt status
  • How founders can get reimbursed for the startup costs
  • Why you can't take a deduction AND get reimbursed later

Bottom line: Nonprofits are businesses, and businesses have startup costs. Know your options before you file, and don't double dip.

Resources from this Episode

  • Watch the C.H.U.D. trailer: https://youtu.be/iNq2yPGhv1w?si=-BIOh_iP-WCv_L0B
  • Previous Episode: Why Recording In-Kind Donations Matters For Your Nonprofit: https://birkenlaw.com/charity-therapy-podcast/ct161-recording-inkind-donations
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT162_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Your nonprofit is doing real work, but do your financials show it?

In this episode, Meghan and I tackle a listener question from a small nonprofit that's running into a big problem: their numbers don't match their story. The for-profit company supporting them pays for nearly everything, but none of that shows up on the books, and funders are raising eyebrows.

Real Listener Question:

"Our employees, office space, and equipment are all paid for by a for-profit company and donated to our nonprofit. Our financials make it look like we're barely doing anything. I've been tasked with finding major funders and the narrative just doesn't match the numbers. What do I do?"

If your nonprofit receives donated goods, services, space, or time, this episode is for you. Meghan and I break down what in-kind donations are, why recording them matters, and how getting this right can completely change how funders see you.

What You'll Learn:

  • What counts as an in-kind donation and how to assign it a value
  • How to record donated office space, employee time, and services on your books
  • Why your financials need to tell the same story as your narrative
  • How in-kind contributions can strengthen your grant proposals
  • Why nonprofit bookkeeping is specialized and when to bring in the experts
  • The one thing you should never do when valuing a donor's gift

Bottom line: Your numbers tell a story whether you want them to or not. Make sure yours reflects the real work your nonprofit is doing.

Resources from this Episode

  • Learn about the value of volunteer time at Independent Sector: https://independentsector.org/research/value-of-volunteer-time/
  • Quickbooks for Nonprofits Facebook Group from Megan Genest Tarnow: https://www.facebook.com/groups/QB4NPs
  • Previous Episode: Can Business Interruption Insurance Help Nonprofits Who Closed During ICE Raids? With Cody Wiswasser: https://birkenlaw.com/charity-therapy-podcast/ct160-nonprofit-business-insurance
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT161_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Your nonprofit closed its doors because of ICE enforcement or federal funding cuts. Is there an insurance policy that could actually help? Maybe, but the answer is a lot more complicated than you'd hope.

In this episode, I'm joined by Cody Wiswasser, an insurance professional at Community Partners Insurance Group, to dig into my questions. With so much uncertainty hitting nonprofits right now, I needed to know whether business interruption insurance is something my clients should actually be thinking about.

Here's the situation:

Can nonprofits get business interruption insurance? Are closures for ICE raids or funding cuts covered?

Cody breaks down how business interruption coverage works, what it actually takes to file a claim, and why the fine print in your policy matters.

What You'll Learn:

  • What business interruption insurance is and whether your nonprofit qualifies
  • The difference between standard and standalone coverage
  • When a closure actually triggers a claim and when it doesn't
  • How your nonprofit's specific mission affects your coverage options
  • Why you need to understand your coverage BEFORE filing a claim

Bottom line: Insurance isn't a magic bullet, but it DOES matter for nonprofits. For nonprofits that qualify, business interruption coverage could be important for them.

Resources from this Episode

  • Learn more Community Partners Insurance Group at https://communitypartnersins.com
  • Contact Cody for your insurance needs at cody.wiswasser@cpiginsurance.com
  • Which States Are In The Midwest? Get mad here: https://fivethirtyeight.com/features/what-states-are-in-the-midwest/
  • Previous Episode: Can You Use Your Retirement Funds to "Invest" In A Nonprofit? With Jeff Beck: https://birkenlaw.com/charity-therapy-podcast/159-invest-retirement-funds
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT160_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Cody Wiswasser – reach out at: cody.wiswasser@cpiginsurance.com

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Do you know someone eyeing their retirement accounts to fund their nonprofit dreams? We need to talk!

In this episode, I'm joined by Jeff Beck, a wealth advisor at COE Financial Group, to tackle a listener question that had me equal parts fascinated and horrified.

Real Listener Question:

"My partner has a traditional IRA with about $100,000 in it. Can she invest that money in my 501(c)(3) without penalties? Do we need to set up a for-profit company for her IRA to invest in first? Are there IRS rules against her investing in something I founded and run?"

Jeff and I dig into the mechanics of IRAs, self-directed accounts, and what the IRS actually allows when it comes to retirement funds and charitable giving.

Spoiler alert: nonprofits DO NOT have shareholders so you can't "invest" in them and get a return! There are some serious red flags here, both on the legal side AND in this interpersonal relationship.

What You'll Learn:

  • Why you can't really "invest" in a nonprofit
  • How giving to a nonprofit can benefit an individual's tax position
  • What a self-directed IRA is and what you get to do with it
  • One legitimate way to donate your IRA funds to a nonprofit tax-free
  • Why getting "returns" on your contribution can put a nonprofit's tax-exemption at risk
  • How you can financially hurt yourself when you're starting a new organization

Bottom line: Using your (or your significant other's) retirement fund to set up your new business is probably NOT a good idea. Protect yourself, protect your partner, and please, let that IRA grow.

Resources from this Episode

  • Learn more about Jeff Beck at Coe Financial Group: https://www.coefinancial.com/
  • Previous Episode: How Nonprofits Can Find and Hire a Good Lawyer https://birkenlaw.com/charity-therapy-podcast/158-hiring-lawyer/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT159_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Jeff Beck – reach out at Jeff@coefinancial.com

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

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Finding a lawyer should not feel harder than solving the legal problem itself. And yet, here we are.

In this episode, Meghan and I talk about something that comes up constantly in my nonprofit law practice: how nonprofit leaders and boards actually find a good lawyer and how to tell whether someone is the right fit.

Real Listener Question:

"I am a board member tasked with finding my small nonprofit a lawyer. I am trying to collect five options for the board to review and have the board interview each lawyer. I've prepared an RFP to get information from as many firms as possible. Is there anything else I'm supposed to do to make sure we did a fair search?"

We dig into why hiring a lawyer is not the same as hiring other vendors and why an RFP is often the wrong tool for the job. We talk about common misconceptions nonprofits have about fairness, pricing, and process, and why trying to copy large institutions can backfire for smaller organizations. This conversation also pulls back the curtain on how lawyers actually work, what red flags to watch for, and how to avoid overcomplicating a decision that already feels overwhelming.

What You'll Learn:

  • How nonprofits typically find lawyers
  • Why RFPs usually do not work for legal services
  • What legal expertise actually looks like
  • How pricing structures should be discussed
  • Warning signs early in the relationship
  • Why "cheapest" is not always best
  • How to trust your gut while doing due diligence

Bottom line: Hiring a lawyer does not require a perfect process. It requires clarity, trust, and a focus on finding someone who understands your nonprofit and can actually help you.

Resources from this Episode

  • Previous Episode: How Classy May Be Hurting Your Donor Relationships: https://birkenlaw.com/charity-therapy-podcast/ct157-classy-donor-acknowledgement/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT158_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Nonprofit newsflash - your donation platform might be quietly annoying your biggest donors 😬

In this episode, Meghan and I dig into some nonprofit LinkedIn drama sparked by a post from the one and only Eve Borenstein. Here's the situation:

You gave a big donation, and you received an auto-generated donation receipt from the org's donation platform. The problem? The gift acknowledgement letter and receipt are WRONG.

We break down why donor acknowledgement letters matter so much, what the IRS actually requires in those receipts for gifts over $250, and how automated systems can unintentionally damage donor trust. We also talk about the growing trend of for profit software companies promising to "handle everything" for nonprofits while missing critical compliance details. If you rely on online donation platforms, this conversation will likely make you rethink what you are outsourcing and what still needs human attention.

What You'll Learn:

  • What SHOULD be in your donor acknowledgement letters
  • How bad receipts can create donor frustration
  • Where donation platforms and tech solutions for nonprofits can fall short
  • How automation can quietly hurt your donor retention

Bottom line: Donor relationships are built on trust and gratitude. When your systems create friction instead of appreciation, even unintentionally, it can cost you future support and credibility.

Resources from this Episode

  • Listen to our past episode with Eve Borenstein here: https://birkenlaw.com/charity-therapy-podcast/ct104/
  • Read Eve Borenstein's LinkedIn post about Classy here: https://www.linkedin.com/posts/taxexemptlaw_so-annual-gripe-continues-last-week-activity-7412874086961541120-7bsN?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAEjProBQJRvgNexcp-oDkRTlIoUrU5fW7Q
  • Listen to our last episode with Ephraim about GoFundMe here: https://birkenlaw.com/charity-therapy-podcast/ct150/
  • Generate a good Gift Acknowledgement Letter here: https://birkenlaw.com/mg-document-app/gift-acknowledgment-letter/
  • Previous Episode: Can Nonprofits Give Tax-Free Money to People?: https://birkenlaw.com/charity-therapy-podcast/156-nonprofit-give-money/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/03/CT157_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

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  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Nonprofits are tax-exempt, so lots of people assume that nonprofits don't have to worry about taxes ever. Right???? Well, not quite 😐

In this episode, Meghan and I dig into a question I hear all the time from people who want to help their communities but are confused about how nonprofit tax rules actually work.

Real Listener Question:

"I own a couple of restaurants and we have several events to raise money for certain causes. Usually the money goes toward a charity or a local group, but sometimes we'll do it for a community member who needs financial support. The problem we're seeing is that when we give money to an individual, it messes up their taxes for the year. My bookkeeper suggested starting a nonprofit since nonprofit money isn't taxed. What kind of nonprofit would do that for us?"

Quick answer – nonprofit tax exemption does NOT mean that everyone can ignore taxes for any money coming from a nonprofit. Sorry to be the bearer of bad news!

In this episode, we unpack what tax exempt status really means (and what it absolutely does not mean). We talk about why starting a nonprofit does not magically make money tax free, how the IRS views giving cash to individuals, and where well-intentioned advice can lead to trouble for nonprofits AND their constituents.

What You'll Learn:

  • What tax deductible actually means for donors
  • Why nonprofits cannot fundraise for specific individuals
  • How giving money to people is treated for tax purposes
  • Why starting a nonprofit doesn't prevent you from all taxes
  • What private benefit and step transactions are
  • Why sometimes the best answer is simply to pay the tax

Bottom line: Nonprofits aren't a magic bullet to absolve you of all tax complications. Usually, starting a nonprofit doesn't make your charitable activities easier – in fact, sometimes it's best just to continue on with the good deeds you already do.

Resources from this Episode

  • Previous Episode: What to do when a donor gifts harms more than helps: https://birkenlaw.com/charity-therapy-podcast/155-donor-gifts/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/01/CT156_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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You're getting donations for a nonprofit – and that's great! But sometimes generosity comes with strings you never expected.

In this episode, Meghan and I dig into the wild world of donor gifts and why nonprofits need clear guardrails to protect themselves from gifts that actually hurt the nonprofit.

Real Listener Question: "We have a donation button on our website where people can give online and set up recurring donations for monthly contributions. A few weeks ago, someone set up a daily 50 cent donation. Our accountant looked into it and is saying that it's not fraud or anything like that, but it just seems really silly. Our payment processor takes $0.30 out per transaction plus a merchant fee, so we're getting next to nothing on these donations. What do I do?"

This tiny daily gift opens the door to a much bigger conversation about gift acceptance policies and the hidden costs of donations. Meghan and I talk through the drawbacks, the admin time, the donor relationship dynamics, and the surprising ways well-intentioned gifts can actually drain your resources. We also break down how to set minimums, how to talk to donors with compassion, and how to avoid getting stuck with gifts that cost more than they give back.

What You'll Learn:

  • Why every nonprofit needs a gift acceptance policy
  • How to know when a gift creates more harm than helps
  • The hidden administrative costs behind every single donation
  • Ways to set smart donation minimums
  • How to redirect donors without damaging the relationship
  • Why saying no is actually part of stewardship
  • How to prepare for unusual gifts before they show up

Bottom line: Not every gift is a positive thing for a nonprofit. Sometimes you need to say no and guiding donors toward giving that truly supports your mission.

Resources from this Episode

  • Generate a Gift Acceptance Policy here: https://birkenlaw.com/mg-document-app/gift-acceptance-policy/
  • For the others who aren't Gen-Xers, Night at the Roxbury: https://youtu.be/HwVh8pmOot4?si=2v3D5MAKXDFGteT_
  • Previous Episode: What is a Nonprofit Audit with Hannah Hugen: https://birkenlaw.com/charity-therapy-podcast/ct154-nonprofit-audit-hannah-hugen/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT155_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Think an audit is something to fear for your nonprofit? I get it! But what if it's actually a powerful tool for growth?

In this episode, I sit down with nonprofit auditor Hannah Hugen from Abdo to unpack what an audit really is and why it's not nearly as scary as it sounds.

Real Listener Question:

"We filed the 1023-EZ and said we'd stay under $50K… but now a funding opportunity would push us past that. Will the IRS audit us? Should we say no to the money?"

Hannah and I dig into what an audit actually involves, what the IRS does (and doesn't) care about, and how nonprofits can prepare for growth without panicking. We also talk through the "scary myths" that float around new organizations and the real steps you can take now to avoid future chaos. If you've ever wondered what auditors look for, how to document properly, or what GAAP even means, this conversation breaks it down in plain English.

What You'll Learn:

  • What a nonprofit audit actually is
  • When the IRS might look at your organization and why it's not as dramatic as rumors imply
  • How to show good-faith financial projections from your 1023-EZ
  • Why documentation habits will save your future self
  • The difference between cash and accrual accounting
  • Practical steps to get audit-ready even if you're small

Bottom line: You don't need to fear audits — you just need systems, clarity, and good habits. Your nonprofit deserves room to grow, and the right preparation makes that growth possible without being overwhelmed.

Resources from this Episode

  • Understanding Cash vs. Accrual Accounting: https://youtu.be/5tSI1IPBVWk
  • Internal Controls 101: https://birkenlaw.com/blog/internal-controls-101/
  • Connect with Hannah on LinkedIn: https://www.linkedin.com/in/hannah-hugen-b0045a1b5/
  • Learn about Abdo: https://abdosolutions.com/
  • Previous Episode: How to Fix the Culture of Overwork at Your Nonprofit with Rachel Platt https://birkenlaw.com/charity-therapy-podcast/ct153/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/12/CT154HH_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-st

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebory ook, Instagram, Twitter

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If your team is exhausted, overwhelmed, and constantly working nights and weekends, you might be dealing with more than a scheduling issue. You might be dealing with a culture problem that is hurting your mission.

In this episode, I invited my friend and people strategy expert Rachel Platt of Plattinum Consulting to talk with me about the hidden issues inside nonprofit overwork and what it really takes to build a sustainable organizational culture.

Real Listener Question: I'm a new staff member, and everyone at this nonprofit works tons of overtime without being paid (as hourly employees). The ED works all the time, and the team is drowning under an unspoken expectation to always be on. How do we fix it??

In this conversation, Rachel and I dig into what overwork actually signals inside a nonprofit, why compliance and culture go hand in hand, and how leaders can unintentionally create burnout without ever meaning to. We also talk about the uncomfortable truth that many nonprofits have normalized unhealthy habits in the name of "the mission," and why that approach backfires every time.

We share practical ways to reset expectations, open the right conversations, and rebuild trust without blame. You might hear some things that feel familiar, because almost everyone in the sector has lived some version of this.

What You'll Learn:

  • The first steps to take when your team is chronically overworking
  • How leadership habits shape culture more than policies
  • Why "mission passion" cannot replace fair compensation or boundaries
  • What you can and cannot ask hourly staff to do
  • Simple tools that help reset norms around urgency and availability
  • How to start culture change when you're the new person on the team
  • Why clarity, consistency, and modeling healthy behavior matter

Bottom line: Your people are how your mission gets done. If they are burning out, you are losing capacity, trust, and impact. A healthier culture is possible, but it starts with honest conversations and leadership modeling the behavior they want to see.

Resources from this Episode

  • Learn more about Platinum Consulting: https://www.plattinumconsulting.com/
  • Reach out to Rachel Platt here: rplatt@plattinumconsulting.com
  • Previous Episode: When an Entrepreneur has a "Really Good" Nonprofit Idea https://birkenlaw.com/charity-therapy-podcast/ct152/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT153_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Rachel Platt: https://www.linkedin.com/in/rachelplatt/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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You've got a great business idea, people want to donate to help, and you're thinking… "What if I just start a nonprofit?" Hold up — let's talk about it.

In this episode, Meghan and I tackle one of the most common (and most frustrating) misconceptions out there — when entrepreneurs try to mix business ventures with nonprofit structures.

Real Listener Question: "I'm coaching a small business owner who wants to restore a historic hotel, turn it into an Airbnb, and start a nonprofit to collect donations for the renovation. He says it's a win-win — is that legal?"

This one had me fired up. We get into why turning your business dream into a "nonprofit project" is usually a fast track to tax fraud, how to tell when an idea crosses the line, and what to do instead. From historic preservation loopholes to optics in small towns, we unpack all the ways good intentions can turn into bad legal problems. If you've ever thought about forming a nonprofit to fund your own idea — listen to this first.

What You'll Learn:

  • Why the IRS cares about your "exempt purpose" more than your passion project
  • How "good ideas" can become tax fraud with one wrong move
  • What happens when your nonprofit owns your business asset
  • Why perception matters just as much as legality
  • Smarter, legal alternatives like crowdfunding and business partnerships
  • How to know when a project is charitable — and when it's just creative entrepreneurship

Bottom line: Not every good idea is a nonprofit idea. If your goal is to make money, serve customers, or grow your business, that's awesome — it just means you need a for-profit model, not a charitable one.

  • Learn more about IRS exempt purposes: https://www.irs.gov/charities-non-profits/charitable-organizations/exempt-purposes-internal-revenue-code-section-501c3
  • Previous Episode: Can You Convert a Failing Business Into a Nonprofit? https://birkenlaw.com/charity-therapy-podcast/ct149/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT152_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Nonprofit HR can be messy — but it doesn't have to be. Let's talk about when it's time to call in reinforcements (and what "reinforcements" actually look like).

I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits.

Real Listener Question: "Our professional association has seven employees. We're losing our CEO soon, and our board wants to consider alternatives. When does it make sense to have a PEO instead of a CEO or in-house HR support?"

This is one of those big-picture nonprofit management questions that hits close to home for a lot of leaders. In this episode, Mark and I unpack what a PEO actually is (spoiler: not just payroll!), what a true co-employment model looks like, and why choosing the right PEO is more than a price comparison — it's a relationship.

We also talk about how post-pandemic remote work complicates HR, why private equity moving into the PEO space should give nonprofits pause, and what "due diligence" really means before signing a PEO contract.

What You'll Learn:

  • What a PEO is — and what it isn't
  • When outsourcing HR actually helps your nonprofit
  • How remote teams across multiple states complicate compliance
  • Why private equity's growing interest in PEOs matters
  • What to ask before choosing a PEO (hint: "Who owns you?" is fair game)
  • Why HR pros and PEOs can actually be a dream team
  • How to make sure your PEO relationship is an ethical, cultural fit

Bottom line: Nonprofits don't exist to manage payroll, benefits, or compliance — you exist to change the world. The right PEO can help you do that, but only if you choose wisely and partner with someone who truly understands your mission.

Resources from this Episode

  • Learn about Insperity: https://www.insperity.com/
  • Connect with Mark on LinkedIn: https://www.linkedin.com/in/markbromberg/
  • Previous Episode: GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin https://birkenlaw.com/charity-therapy-podcast/ct150/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/11/CT151_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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What happens when a for-profit giant "helps" nonprofits without asking first? Spoiler: chaos, confusion, and a lot of angry fundraisers.

In this episode, I sat down with my good friend and fundraising pro, Ephraim Gopin of 1832 Communications, to unpack the wild story of GoFundMe auto-creating donation pages for 1.4 million nonprofits — without their consent.

Real Listener Question: "What do we do if our nonprofit suddenly has a GoFundMe page we didn't create? Is that even legal?"

When news broke that GoFundMe scraped IRS data to create "official" donation pages for nonprofits, my inbox blew up. In this episode, Ephraim and I dig into what this means for your organization — from donor confusion to legal implications — and why this so-called "help" might do more harm than good.

We cover everything from the basics of what a good donation page should look like, to why this move could affect your nonprofit's SEO, compliance status, and even your donor relationships.

What You'll Learn:

  • What a solid, conversion-ready donation page really needs
  • Why GoFundMe's "auto-created" nonprofit pages are a huge problem
  • How this affects your branding, donor data, and trust
  • Why accepting those donations could mess with your state fundraising compliance
  • Whether you should claim your page, delete it, or ignore it entirely
  • How big platforms exploit "helping nonprofits" to make a profit
  • And what to do right now if your org was affected

Bottom line: Just because something is legal doesn't mean it's ethical. Nonprofits deserve respect — not to be treated like SEO bait. Whether you're claiming or deleting your GoFundMe page, make sure the donations that come in are on your terms.

Resources from this Episode

  • Read GoFundMe's statement about the nonprofit pages here: https://www.linkedin.com/posts/gofundme-pro_at-gofundme-our-mission-has-always-been-activity-7387176830908407808-3AXY?
  • Connect with Ephraim Gopin: https://www.linkedin.com/in/ephraimgopin/
  • Listen to our episode with Ephraim about Giving Tuesday: https://birkenlaw.com/charity-therapy-podcast/ct126/
  • Previous Episode: How Many Times Should a Nonprofit Board of Directors Meet? https://birkenlaw.com/charity-therapy-podcast/ct149/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT150_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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If your board hasn't met in ten months, that's not just awkward — it's a big problem.

In this episode, Meghan and I dive into a basic (but often overlooked) part of nonprofit governance: how often a board needs to meet, and what happens when it doesn't.

Real Listener Question: "My wife joined the board of a small arts nonprofit, but they haven't met once in ten months. The executive director sends quarterly updates by email — that's it. Is that legal?"

A board that never meets isn't really a board — it's a liability. Meghan and I talk about what state laws and bylaws actually require, what fiduciary duties board members are neglecting when they don't meet, and how to raise the issue without making enemies. We also unpack what counts as a real "meeting," why email updates don't cut it, and what to do if you're stuck on a board that's asleep at the wheel.

What You'll Learn:

  • The bare minimum number of meetings a board should have each year
  • Why your bylaws matter more than you think
  • What fiduciary duties mean — and how ignoring them puts you at risk
  • Why a one-way email is not a valid board meeting
  • How to raise governance concerns without burning bridges
  • When (and how) to walk away from a dysfunctional board

Bottom line: If your board isn't meeting, it's not leading. You can't fulfill your fiduciary duties by inbox — and sometimes, the bravest move is to speak up or step out.

Resources from this Episode

  • Learn about fiduciary duties here: https://birkenlaw.com/cornerstone-content/what-does-it-mean-to-be-nonprofit-board-member/
  • Previous Episode: When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst: https://birkenlaw.com/charity-therapy-podcast/ct148/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/10/CT149_Trasncript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Think a PEO will solve all your nonprofit’s HR headaches? Not so fast — the fine print might surprise you.

In this episode, I’m joined by HR consultant Jess Holst from Aligned HRC to answer a listener’s question about whether a professional employer organization (PEO) is the right solution for their growing nonprofit.

Real Listener Question: “We’ve grown from four employees to nearly twelve. I’ve been handling payroll and HR myself, but it’s becoming too much. A board member suggested a PEO, but it feels too good to be true. Should we do it?”

PEOs get sold as a one-stop HR solution, but the reality is more complicated. Jess Holst and I unpack the promises versus the pitfalls: from hidden compliance traps, to the limits of what PEOs actually cover, to the unexpected costs that nonprofits often don’t see coming. We also explore alternatives like fractional HR support and how to make smarter choices about employee benefits.

What You'll Learn:

  • What a PEO actually does — and what it doesn’t
  • The real reason many nonprofits consider a PEO (hint: health insurance)
  • Why compliance gaps and hidden costs can make PEOs risky
  • How pairing a PEO with fractional HR could be a smarter move
  • Why shopping with a benefits broker might save you more than a PEO
  • How to know when your nonprofit is ready for outside HR help

Bottom line: A PEO isn’t a magic HR fix. For some nonprofits, it might be a tool. For many, it’s a costly distraction. What matters most is building a strong HR foundation — whether that’s with fractional HR support, a trusted benefits broker, or a thoughtful plan for growth.

Resources from this Episode

  • Learn more Jess and Aligned HRC: https://alignedhrc.com/
  • Previous Episode: Are Nonprofit DEI Initiatives Illegal? with Megan: https://birkenlaw.com/charity-therapy-podcast/ct147/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/09/CT148_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Worried your nonprofit’s DEI programs might be illegal now? You’re not alone — and I can bet you won’t be able to find the right answer on social media.

In this episode, I’m joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion.

Real Listener Question: “My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They’re popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them safely?”

New EEOC guidance has nonprofits questioning whether DEI work — especially ERGs and affinity groups — puts them at legal risk. Megan and I break down what the rules really say, what’s changing, and how nonprofits can protect themselves without abandoning their values. We also dig into the difference between ERGs and affinity groups, what’s safe, what’s risky, and why “don’t panic” should be your new mantra.

What You'll Learn:

  • What the new EEOC guidance actually says about workplace DEI initiatives
  • The key legal differences between ERGs and affinity groups
  • How to structure ERGs to stay compliant while fostering inclusion
  • Why shutting everything down out of fear might not be the right move
  • How executive orders, memos, and guidance impact nonprofit policies
  • Why reviewing your internal policies and documents is critical right now
  • How to keep advancing DEI goals while reducing legal risks

Bottom line: You don’t have to throw out your DEI work just because the rules are shifting. With clarity, intention, and the right structures, your nonprofit can keep doing the work that aligns with your values — and stay compliant.

Resources from this Episode

  • Learn more about Megan and US2 Consulting: https://us2consulting.com/
  • Read the EEOC guidelines: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work and https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work
  • Previous Episode: Why Record Retention & Data Management Systems Matter for Nonprofits: https://birkenlaw.com/charity-therapy-podcast/ct146/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT147_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Megan Fuciarelli: https://www.linkedin.com/in/meganfuciarelli

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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Think your nonprofit’s old emails and files are harmless? Think again. What you keep — and what you don’t — could save or sink your organization.

It’s Jess Birken here, and I’m back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit.

Real Listener Question: “I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?”

If your organization collects sensitive participant info, donor data, or internal records, what you hold onto could be putting you at risk. From lawsuits to government inquiries, the wrong data strategy can leave you vulnerable. Meghan and I dive into why your nonprofit needs a data retention policy, what you should keep, what you should delete, and how to plan for changing political climates without panicking.

What You'll Learn:

  • Why keeping everything forever could actually make your organization less safe
  • The seven-year rule of thumb for retaining records (and when to go shorter or longer)
  • How to protect sensitive participant data in politically charged mission areas
  • What to do before you purge anything — and the legal traps to avoid
  • How to set up a “threat-level” data plan when government scrutiny ramps up
  • Why email hoarding could come back to bite you and how to clean it up smartly

Bottom line: Your data is both an asset and a liability. A clear data retention policy protects your nonprofit, your people, and your mission — and the best time to start is now.

Resources from this Episode

  • Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/
  • Get a data retention policy for nonprofits here: https://birkenlaw.com/data
  • Use our data retention policy app here: https://birkenlaw.com/mg-document-app/records-retention-policy/
  • Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct145/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT146_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter

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If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not.

It’s Jess Birken here, and I’m back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path.

Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn’t want to run it anymore. Can we convert it into a nonprofit so we don’t have to make a profit or have an owner?"

We hear this one a lot. A business isn’t working, and people assume nonprofit status will solve everything. I mean, it’s right in the name – you don’t have to make a profit, right?! Meghan and I walk through why this logic doesn’t hold up, the realities of converting to nonprofit status (hint: you can’t), and what it really takes to start and sustain a nonprofit. If you’re dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works.

What You'll Learn:

  • Why you can’t convert a for-profit business into a nonprofit
  • What nonprofit status actually means and why it’s not a business model
  • Why fundraising isn’t a magic solution
  • How conflicts of interest complicate nonprofit governance
  • What to do before starting a nonprofit if you're serious about it
  • Why starting a nonprofit requires a plan, not just a tax filing
  • What to think about if your org isn’t financially viable right now

Bottom line: Nonprofit status isn’t a quick fix. If your current business model isn’t working, you need to solve that problem first — not just switch IRS categories and hope for the best.

Resources from this Episode

• Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/

• Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/

• Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/

• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/

• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music

• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"

• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

• Follow us on Facebook, Instagram, Twitter

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Have you heard? The IRS just gave churches the green light to endorse political candidates.

It’s Jess Birken here, and I’m back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape.

Real Listener Question: Not a listener question this time — Meghan brought the heat herself: “Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?”

This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted how it interprets the Johnson Amendment — and the result is that churches can now legally endorse candidates if it's “in connection with religious services.” That’s a big deal, not just for religious orgs, but for how money moves in campaigns and the broader nonprofit world. Meghan and I unpack what this ruling really means, how it might impact campaign finance, and why it feels like the rules suddenly don’t apply equally anymore.

What You'll Learn:

  • What the Johnson Amendment is and how it used to work
  • How a recent court filing changed enforcement for churches
  • Why this doesn’t apply to other nonprofits
  • How this opens the door to new forms of dark money in political campaigns
  • Why this matters even if your nonprofit isn’t religious
  • What the potential downstream effects might be in campaign finance
  • Why transparency is the real issue underneath it all

Bottom line: This isn’t just about churches. It’s about the integrity of the nonprofit sector and the role transparency plays in public trust. If you care about clean campaigns and nonprofit accountability, you should be paying attention.

Resources from this Episode

• Learn more about the IRS changes to the Johnson Amendment: https://www.npr.org/2025/07/08/nx-s1-5460886/irs-now-says-pastors-can-endorse-political-candidates

• Hear our convo about the new IRS commissioner in episode 139: https://birkenlaw.com/charity-therapy-podcast/ct139/

• Previous Episode: What Happens If You Don't Do the Nonprofit Filings?: https://youtu.be/vxSB2wlR9N0?si=lmHHWL_dJU8R6Zia

• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT144_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/

• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music

• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"

• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

• Follow us on Facebook, Instagram, Twitter

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What would you do if you inherited a nonprofit… with 20 years of missing paperwork?

It’s Jess Birken here, and I’m back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next.

Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing’s been filed since 2005. The bank account is still under the name of a deceased board member. I’m wondering if I should just start over with a new nonprofit. Is that even possible?"

This kind of thing happens more often than you’d expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you’re actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you.

What You'll Learn:

  • Why nonprofit compliance is more complicated than for-profit businesses
  • How to tell if your organization is really a 501(c)(3)
  • What happens when a nonprofit operates without filing for years
  • When it makes more sense to start a new organization than try to fix the old one
  • Why board training is essential, even for small nonprofits
  • What every board member should ask before agreeing to join
  • How to stop stressing about the past and start moving forward

Bottom line: If you inherit a messy nonprofit past, you are not alone. You can’t fix everything that came before you, but you can take charge today and make sure the future is solid.

Resources from this Episode

  • Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-up
  • What Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/
  • Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup
  • Follow us on Facebook, Instagram, Twitter

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Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know.

It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status.

Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?"

We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose 501(c)(3) status! Plus, we're calling out "Uncle Larry" (you know, that volunteer who promised to handle your 990s for free) and explaining why delegation doesn't absolve board responsibility.

What You'll Learn:

  • Why nonprofits lose tax-exempt status – the "three strikes" auto-revocation rule
  • What revoked status actually means vs. what people think it means
  • Whether you can continue operations and events without 501(c)(3) status
  • The real liability risks (spoiler: probably not what you think)
  • Why your insurance policies don't automatically change when status is revoked
  • Board responsibility for compliance – delegation isn't abdication
  • How to move forward without beating yourself up over past mistakes

Bottom line: Losing 501(c)(3) status is like changing your tax filing status from "married" to "single" – you still exist, you just need to get your label back. Remember: This happens to small nonprofits all the time. You're not alone, and it's fixable. Focus on moving forward, not beating yourself up.

Resources from this Episode

  • IRS Auto-Revocation Information: https://www.irs.gov/charities-non-profits/automatic-revocation-of-exemption
  • Form 990 Filing Requirements: https://www.irs.gov/charities-non-profits/form-990-resources-and-tools
  • Previous Episode: Can Trump Revoke Harvard’s Tax Status? - https://birkenlaw.com/charity-therapy-podcast/ct138/
  • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/06/CT142_Transcript.pdf

Connect with Us

  • Jess Birken: https://www.linkedin.com/in/jessbirken/
  • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

  • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
  • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
  • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

  • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
  • Follow us on Facebook, Instagram, Twitter
  • Share this episode with fellow board members who need this info!

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Nonprofits - how do YOU communicate about the dreaded “overhead” expenses? You know that pie chart everyone uses to show how much money goes directly to programs? Yeah, I want to toss it out the window. We'll talk about why those “eight cents” on the dollar that cover essential administrative expenses are not wasted but actually crucial for keeping your nonprofit running smoothly.

In this episode, we’re tackling a nonprofit pro’s question about updating an employee handbook. Should you hire a pro bono lawyer who DOESN’T do employment law or invest in an HR expert? Spoiler alert: Your uncle Larry, the PI lawyer, might not be the best fit here. It's all about making smart investments in your nonprofit's operations and HR to avoid headaches down the line. Trust me, you'll thank yourself later when you don't end up in a legal pickle.

So, grab your headphones and join us for a lively chat about transforming how nonprofits communicate their spending to donors. We promise some laughs, a few rants, and a whole lot of practical advice. And remember, it's okay to spend money on things that keep your nonprofit running well! Let's rethink the way we tell our financial stories and embrace the true costs of running an amazing organization.

In this episode, you will hear: * Why you need to delete that outdated nonprofit overhead pie chart * Whether pro bono is the right way to go with your employment law needs * Some of our recommendations for tools to keep up with all the changing HR rules * The real relationship between the back-office and your direct mission programming * How you can REALLY communicate success to your donors * What your fiduciary duties really have to do with all our worries about “overhead”

Resources from this Episode Propel Article - A Graphic Re-Visioning of Nonprofit Overhead: https://propelnonprofits.org/blog/a-graphic-re-visioning-of-nonprofit-overhead/

The Five Whys: https://en.wikipedia.org/wiki/Five_whys

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, we’re answering the big question on a LOT of nonprofit leaders’ minds - what can the president really do to a nonprofit? We’re getting to the answer, but first - remember to take a deep breath and take care of yourself before taking any action for your nonprofit!

There’s a lot of fear and uncertainty about what kind of measures the Trump administration could take against nonprofit. It’s easy to get lost in the conspiracy theories and “creative” ways to protect your mission. But no longer! Meghan and I break down the legal boundaries and explain why panic-driven decisions aren’t the way to go. We’re here to debunk myths about the government seizing assets. So, if you're feeling lost in today’s nonprofit landscape, join us for a dose of reassurance and a few laughs along the way.

In this episode, you will hear: * What powers the president has over individual nonprofits * What circumstances (if any) that could lead to the government seizing nonprofit assets * How nonprofit leaders can take care of themselves during times of stress * Why some of the “creative ideas” to protect your nonprofit aren’t a good idea * A simple and effective step you CAN take right now

Resources from this Episode Listen to our episode about HR 9495: birkenlaw.com/charity-therapy-podcast/ct132

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Welcome to another episode of Charity Therapy, where we tackle the chaos we're all experiencing at the IRS.

In this episode, we're diving into the bewildering world of nonprofit tax exemptions. Imagine the IRS as a maze, and we're here to help you navigate it without losing your mind. We'll unpack why things are moving slower than molasses, from the recent leadership shuffle to the current eight-month wait for tax exemption applications.

Dealing with the IRS isn't anyone's idea of a good time, but we're here to make it less painful. We’ll talk about how the revolving door of IRS commissioners is creating an atmosphere of uncertainty for the IRS. But don't worry, we have advice to help you handle these long wait times and the importance of precise tax filings. Remember, you're not alone in this—reach out for professional help if you need it.

Finally, let's share some laughs and commiserate over the IRS adventures we’ve all faced. We invite you to share your own IRS stories, because who doesn't love a good tale of bureaucratic woe? .

In this episode, you will hear: * Why the IRS is taking forever (like eight months!) to process nonprofit tax exemption applications and how this affects you * The chaotic leadership changes at the IRS * The scoop on how this IRS turmoil impacts nonprofits and why your tax filings need to be spot-on right now * Long waits and grumpy calls with the IRS, and why you should get your nonprofit paperwork right the first time * Tips and tricks to streamline your nonprofit's tax exemption process and minimize stress during these uncertain times

Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, we’re tackling a big question from the headlines - can the President choose whether you get tax exemption? While President Trump may threaten a university like Harvard, what can he actually do?

Meghan and I break down what the President can and cannot do with nonprofits AND what it would like to really lose your tax exemption. Spoiler alert - it’s not a quick process! In this episode, we’ll bust some myths and give you the lowdown on how these things really work and what to do if you ever find yourself in a sticky situation.

Worried about the political winds shifting against your nonprofit? You’re not alone! We’re tackling those concerns head-on, especially for organizations whose missions might not sit well with the Trump administration. We’ve got your back with some solid strategies to stay resilient, like focusing on building strong relationships with donors and staying on top of IRS compliance. Remember, it’s not about panicking but being prepared and informed.

The main message is this: don’t let fear take the wheel. Whether you’re worried about rule changes or just want to make sure your nonprofit is on solid ground, we’re here to guide you through it all with a smile and a bit of humor. So tune in, get comfy, and let’s navigate these political waters together!

In this episode, you will hear: * How the IRS goes about revoking an organization’s tax exempt status * Whether the president can single-handedly revoke a nonprofit's tax status * What powers the president really has in an executive order over nonprofits * How nonprofits in hot-button mission areas can prepare to weather the storm of increased scrutiny under this administration * The important preventative measures every nonprofit should be taking, no matter the political environment

Resources from this Episode Download my 2025 Survival Guide: https://birkenlaw.com/2025-survival-guide

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Welcome to this episode of Charity Therapy! I'm Jess Birken, and today we're diving into the wild world of nonprofit leadership.

I've got David Rhode, a super-smart nonprofit coach and author, joining me to give all kinds of advice for nonprofit executive directors. We're tackling a juicy listener question about a micromanaging board member who's causing a bit of a headache. Trust me, we've got some great strategies to share that'll help you balance gratitude with boundary-setting.

Transitioning from a working board to a governing board can feel like trying to solve a Rubik's Cube in the dark, especially when leadership roles are changing. With David's guidance, we explore how to keep board members engaged by giving them roles that match their strengths. Don't worry, we've got tips on keeping things fair and professional, ensuring everyone knows their lane.

And let's not forget the fun twists of gender dynamics and generational differences. David and I chat about the importance of continuous learning and having a support network. Plus, we've got some motivational pep talks for those days when you're just trying to keep your head above water.

Tune in for some personal stories, professional advice, and a few laughs as we empower you to lead with confidence and cultivate a culture of respect in your nonprofit world.

In this episode, you will hear: * How to navigate the tricky waters of board dynamics and leadership * Some no-nonsense tips on how to set boundaries with a board member * How to transition from a working board to a governing board * How to step into your role as the boss * David’s advice for building your own support network * How to stand up and claim your turf (respectfully!) * What to do when doing the same things over and over again just won’t cut it anymore

Resources from this Episode Buy David’s Book, Passion Isn’t Enough: https://dotdotorg.com/my-book

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Welcome to another episode of Charity Therapy, this time with the incredible Patrick Kirby! Together, we’re taking the fear out of fundraising. Patrick is here to help us shake off those common fundraising myths that might be holding us back. Think donations just happen magically once you get your C3 status? Or that fundraising is too intimidating? Think again! Patrick shows us how to embrace curiosity and see fundraising as a chance to make genuine human connections and grow your network. Plus, we chat about gearing up for the challenges of 2025, but with a positive twist!

We celebrate the good vibes in nonprofit fundraising, focusing on stories of kindness that shine brighter than any doom and gloom news. Patrick, author of “Fundraise Like a 5th Grader,” shares how tapping into the enthusiasm and honesty of a fifth grader can transform your fundraising efforts. He also gives tips on effective communication to build stronger relationships with donors. We’re inviting you to join the conversation with your stories and feedback, so we can create a supportive community that uplifts one another.

And hey, if you’ve enjoyed the nuggets of wisdom and the shenanigans in this episode, why not share it with a friend? A five-star review would also make our day! Got a question or story? We’d love to hear it! Reach out and let’s keep spreading those good vibes. Thanks for tuning in, and remember, fundraising doesn’t have to be scary—it can be a whole lot of fun when you have the right mindset and approach. See you next time!

In this episode, you will hear: * The big myths out there around nonprofit fundraising * How to shift from fear to curiosity in fundraising * How channeling your inner fifth grader is the secret to great fundraising * Why your mindset and attitude make all the difference * How to build a supportive community

Resources from this Episode Buy Patrick’s new book: www.dogoodbetterconsulting.com/fundraiselikea5thgrader

Do Good Better Consulting: www.dogoodbetterconsulting.com

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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It's Jess Birken here, and I'm thrilled to have you join me and Meghan for this episode of Charity Therapy. We're diving into the world of DEI (that's diversity, equity, and inclusion), specifically about the Trump administration’s Executive Order 14151, which is causing quite a stir.

In this episode, we're tackling the fears and misconceptions head-on. We’ve got a listener question - is it still allowed to start a nonprofit that focuses on BIPOC access in the arts? Short answer? Yes! But we’ll talk about what the executive order IS doing to nonprofits who focus on DEI. Plus, we’ll chat about why it's crucial to get accurate info and not just rely on the latest social media buzz. Remember, it's all about staying informed and confident in your mission, even when things seem a bit uncertain.

Feeling a bit overwhelmed? You're definitely not alone. We all need a reminder to pause, breathe, and reach out for support when things get tough. So, let's get comfy and have a real talk about navigating these challenges together. And hey, if you know someone who needs a bit of encouragement, share this episode with them. We're all in this nonprofit journey together, and I'm here to help guide you through it.

In this episode, you will hear: * What Executive Order 14151 means for DEI in the federal government * Whether nonprofits can still support DEI initiatives in 2025 and beyond * Common misconceptions about DEI * The real effect of Trump’s EO for nonprofits working with marginalized communities

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On today’s episode of Charity Therapy, Meghan and I are diving into nonprofit closures, especially when those COVID-19 EIDL loans are involved. If you’ve ever wondered what to do when your nonprofit has to shut down but you still owe Uncle Sam a bunch of cash, this episode is for you.

What’s the deal with EIDL loans, and how do they affect your nonprofit when it’s time to close up shop? Meghan and I break it down, chatting about the steps you need to take and the legal stuff you might not have thought about. We’ll walk you through the ins and outs of handling these federal loans as your organization winds down. And trust me, even if you're not a legal whiz, you'll come away with a clearer understanding and maybe even a chuckle or two.

Got questions or a story to share? We’d love to hear from you! Head over to our website and join the conversation. This is your chance to connect with others in the same boat and maybe get some solid advice to help you out. And remember, even when the going gets tough, you're not alone. We’re all figuring this out together, one step at a time.

In this episode, you will hear: * How to deal with those tricky EIDL loans when you’re considering dissolution * The importance of understanding contracts, especially when financial troubles are looming * How to responsibly close down your nonprofit, ensuring you've notified all your creditors * The lowdown on EIDL loans: a big consideration if you're closing up shop

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, let’s talk nonprofit leadership transitions! I'm your host, Jess Birken, and I've teamed up with Roger Meyer from Mighty Consulting to tackle the big questions: What happens when your nonprofit's founder suddenly steps down? How do you keep the ship steady when it feels like the captain just jumped overboard? We'll chat about the crucial role of an interim executive director, who can swoop in like a superhero to keep everything from falling apart.

We're also taking a hard look at nonprofit boards. Is YOUR board ready to step up?. We'll explore how boards can be ready for big changes, genuinely understand their organization's financial health, and avoid the chaos of unexpected leadership changes. Plus, Roger has some solid advice on why you shouldn't rush to promote the next person in line without a game plan.

Finally, I want you to know you're not alone on this journey. We all need a little help sometimes, and this episode offers some guidance and support. Feel free to join our community by sharing your thoughts and questions, and help us keep this important conversation about nonprofit management going. Thanks for tuning in, and let's tackle these challenges together!

In this episode, you will hear: * What an interim executive director does, and how they can be the superhero of your next executive transition period * Why the board needs to rally and realize their full power to keep things on track * The reason board members need to truly care about the mission and not just be seat-fillers * How the big question of money will affect leadership decisions * Why rushing to fill the executive director role can lead to chaos * Cost-effective solutions when you can’t hire an interim ED * How to keep your cool and be intentional in the face of big change

Resources from this Episode Learn About Roger & Mighty Consulting: mightyconsulting.org

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I are answering the big question - can the Trump administration target nonprofits?. We’re getting real about the fears of funding cuts and increased scrutiny, and dive in on the looming threat of the HR 9495 bill, which could label some nonprofits as terrorist organizations.

Keeping your nonprofit in good standing feels like a never-ending battle, especially with all this uncertainty swirling around. That's why we're sharing practical tips to help you armor up with preparedness and compliance. From IRS requirements to solid financial controls, we've got your back. Plus, we talk about the power of building a supportive network of like-minded pros who align with your mission.

So, what can you do to stay afloat in these tumultuous times? First, keep your affairs in order, and maybe stash away a legal defense fund—just in case. Professionalizing your bookkeeping might sound boring, but trust us, it’s a game-changer. And if you’re feeling overwhelmed, download our survival guide for more detailed advice.

We're all in this together, and with a little preparation and a dash of humor, we’ll help you steer your nonprofit through whatever comes next.

In this episode, you will hear: * Potential threats to nonprofits during the Trump administration, especially on those working in immigration, LGBTQ+ rights, and reproductive rights * The concerns surrounding losing funding just because your nonprofit promotes diversity and inclusion * Tips for staying compliant with IRS rules, beefing up your financial controls, and making sure your books are squeaky clean * All the details on the HR 9495 bill, which could let the government label nonprofits as terrorist organizations without much evidence * How to protect your organization, no matter your mission

Resources from this Episode Download our 2025 Survival Guide for nonprofits: www.birkenlaw.com/2025-survival-guide

See OFAC Rules question on IRS 1023: www.irs.gov/instructions/i1023#en_US_202412_publink100022027

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hey there, it's Jess, and I'm so glad you're tuning in to this episode of Charity Therapy. We're diving into the choppy waters of nonprofit funding, especially with all the political changes shaking things up. Meghan and I are here to help you navigate these uncertain times.

We'll talk about the crucial role federal funding plays in supporting nonprofits, particularly those focused on important causes like racial justice and reproductive rights. Plus, we'll chat about how economic factors like inflation could change how donors think about giving.

Feeling a bit panicky about the potential funding shifts? You're not alone! We know it's easy to let fear take the wheel, but we've got some tips to keep you grounded. We'll discuss why separating your emotional reactions from strategic planning is essential. We'll also cover the importance of having a backup plan and knowing when to make tough decisions, like prioritizing staff retention or preparing for the worst-case scenario. We'll even tackle a real-life question from a social services agency board member about adapting funding strategies in these unpredictable times.

Grab a cup of coffee (or maybe something stronger), and join us as we explore the world of nonprofit funding. We'll laugh, we'll commiserate, and most importantly, we'll share strategies to help you stay resilient and prepared for whatever comes your way. So, if you're ready to face the funding rollercoaster with a bit of humor and a whole lot of heart, hit play, and let's dive in!

In this episode, you will hear: * What we know (or don’t know) about upcoming changes to federal nonprofit funding * The vital role of federal dollars in supporting nonprofits, especially those focusing on hot topics like racial justice and reproductive rights * Keeping calm and planning ahead instead of letting panic steer the ship * What is “rage giving” and how it might change with today’s economic challenges, like inflation and corporate decisions like Target's recent DEI pullback * A board member's question sparks an honest talk about diversification struggles and how to prepare for the unexpected * How to get to know your nonprofit’s financial picture. What’s your backup plan if the money train derails?

Resources from this Episode Download our 2025 Survival Guide for nonprofits: www.birkenlaw.com/2025-survival-guide

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hey there, it's Jess Birken, your go-to nonprofit law buddy, here to save you from those endless board meetings that make you want to pull your hair out!

In this episode of Charity Therapy, I'm chatting with my friend Maria Huntley, the executive director of the Minnesota Academy of Family Physicians. She's got the inside scoop on how to run nonprofit board meetings that are not only more productive but also a whole lot more fun. Say goodbye to those never-ending life stories and hello to meetings that start AND end on time.

We dive deep into the world of board meeting magic, exploring tips like how to be a rockstar facilitator and why having some solid ground rules can be a game changer. Maria shares her genius ideas on mixing social time with business, making sure everyone gets a say, and keeping those discussions on point. If you're sick of people using the mic to relive their glory days, we have some hilarious insights on managing that, too. Plus, Maria dishes on how to set the right tone with board orientations and training so everyone’s on the same page from day one.

Whether you're a seasoned pro or just starting your nonprofit adventure, this episode is packed with advice to make your board meetings a breeze. And if you're as nerdy as Maria and me, we've even got a handy recipe for facilitating discussions up for grabs.

In this episode, you will hear: * Managing board meetings effectively to ensure they start and end on time * Facilitator skills and employing ground rules to help achieve effective meetings * Be mindful of dominating the conversation * Leading statements can help ensure everyone has an equitable chance to voice their opinions * A consent agenda for streamlining meetings and increasing their overall efficiency * Shifting to a positive board culture through training and orientation * Respecting board members' time and keeping meetings short and well-structured * Having a clear structure in place for successful board discussions

Resources from this Episode Recipe for a Generative Discussion: https://birkenlaw.com/wp-content/uploads/2024/12/Generative-Discussion-Recipe.pdf

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On today’s episode of Charity Therapy, we’re diving right in with a big question - what REALLY makes a nonprofit a nonprofit? (Spoiler alert - it’s more than just the IRS status!) If you ever wondered if a nonprofit should really just be a regular for-profit business, we’ve got some juicy ideas (and a reality check) for you.

We’ll share a listener's story about a farmer’s market that lost its nonprofit status and wants to switch gears to become a for-profit. It’s not as simple as it sounds! We’re here to break down the details, explain what really happens when you lose your IRS tax-exempt status, and help you really understand the differences between nonprofits and for-profits. Trust us, you’ll want to hear this before making any big moves!

We’ll unravel common misconceptions and help you navigate these tricky transitions without getting lost. Remember, whether you’re a seasoned pro or just dipping your toes into the nonprofit waters, we’re here to support you every step of the way. Enjoy the episode, and don’t forget to share it with your friends who might be pondering the same questions!

In this episode, you will hear: * Unpacking the differences between owning a for-profit business and operating a nonprofit * Why converting isn't just a walk in the park but more like a complex dance * A listener's question about a farmer's market losing its nonprofit status: Can it just become a small business? * Why losing tax-exempt status doesn't mean you're suddenly a for-profit. * The implications of operating without income tax exemption * When you need to seek out some professional advice

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, we’re answering the big question - what even the nonprofit industrial complex?

We’re pulling back the curtain on those nonprofits that seem more focused on keeping the lights on than actually solving the problems they set out to tackle. We’re also answering a burning question from a listener thinking about flipping their for-profit mental health service into a nonprofit, all for the sake of snagging some grant money. Should they do it? Spoiler alert: it might be more trouble than it’s worth!

Now, let's get real for a second. Turning your business into a nonprofit isn’t just about filing a couple of forms and calling it a day. There are tax IDs, regulations, and more red tape than you can shake a stick at. But don't worry, we've got some alternative ideas up our sleeves, like pass-through grants that might just save the day.

Whether you’re knee-deep in the nonprofit world or just curious about it, we promise you’ll leave with a few nuggets of wisdom and maybe a laugh or two. Grab your headphones and settle in—it's time to get our nonprofit nerd on!

In this episode, you will hear: * Are some nonprofits just keeping themselves alive instead of tackling real issues? * Weighing the pros and cons of switching from for-profit to nonprofit for grant money * Starting a nonprofit is a whole new ballgame with tax IDs, tax exemptions, and regulations * How the pressure to become a nonprofit can be a big ask * Alternative funding ideas, like pass-through grants and keeping the mission alive without losing your sanity * You can’t just “become” a nonprofit

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today, we’re diving deep into the world of nonprofit financial audits with my amazing guest, Peter Farstad. Peter is a pro when it comes to nonprofit finance, and he's here to help us unravel the sometimes scary world of audits and financial transparency. We know how daunting those big, scary financial statements can seem, especially if you're a Minnesota nonprofit pulling in over $750,000 a year.

In this episode of Charity Therapy, Peter and I chat about why sharing your financial audits with donors isn’t just a good idea—it’s a trust-builder! We totally get why your executive director might be hesitant about posting those reports online, especially if it’s a new practice. But fear not! We’ll give you the lowdown on gently nudging your organization toward more transparency, which is key for building donor trust and credibility. Plus, we throw in some humor and personal stories to keep things light because, let’s face it, finances can be a snooze-fest without a little laughter.

Whether you're a new development director or a seasoned pro looking to up your game, this episode is packed with practical tips and a good dose of empathy. Let’s dive in and make financial transparency a fun and achievable goal for your nonprofit!

In this episode, you will hear: * Peter Farstad, a nonprofit finance whiz, breaks down the complicated world of nonprofit financial audits * Audit 101: If you're a nonprofit in Minnesota pulling in over $750k, you're in for a financial audit ride! * Resources like the National Council of Nonprofits for audits * Why transparency is key and a superpower for building trust with donors * How to handle the executive jitters about sharing financial audits * Tips on how to smooth over any internal awkwardness about financial transparency * Convincing your team that sharing is caring and how it can take your nonprofit to the next level

Resources from this Episode Learn more about Peter’s firm: nonprofitfinancialacumen.com

Find out your state’s audit requirements here: www.councilofnonprofits.org/running-nonprofit/nonprofit-audit-guidec/state-law-nonprofit-audit-requirements

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hey there, nonprofit enthusiasts! In this episode of Charity Therapy, Jess is joined by her good friend and nonprofit fundraising guru, Ephraim Gopin, to chat about the highs and lows of Giving Tuesday and year-end fundraising. Spoiler alert: Ephraim isn’t the biggest fan of Giving Tuesday.

We dive into listener questions, including one from someone whose Giving Tuesday campaign didn't quite hit the mark. We discuss setting realistic goals and understanding donor moods—especially during the chaos of Thanksgiving when everyone's minds are on turkey and Black Friday deals.

Ephraim and I also explore alternative approaches, like Gratitude Tuesday, which is all about appreciating your donors instead of chasing after their wallets. Ephraim shares some fantastic advice on managing board members' expectations, emphasizing the importance of building relationships rather than just focusing on the almighty dollar. Plus, we highlight why sometimes skipping a Giving Tuesday campaign can actually be a strategic move backed by solid data.

Thanks for tuning in, and remember: fundraising is about building bonds, not just bucks!

In this episode, you will hear: * Tearing apart Giving Tuesday. Spoiler: Ephraim Gopin gives it two thumbs down! * Setting goals is great, but setting realistic goals is even better * Thanksgiving Vibes vs. December Giving Feels: Newsflash! People are more about turkey and travel during Thanksgiving * Hitting board members with data and implementing Gratitude Tuesday * Keep trying new things and learn from both your wins and your epic fails

Resources from this Episode Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Sign up for the 1832 Communications newsletter: 1832communications.com/nonprofit-newsletter

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I are diving into the wild world where nonprofits and for-profit businesses collide.

Ever wondered what happens when one person owns both a nonprofit and a business? Spoiler alert: it can get messy. We'll answer your burning questions about these murky waters, help you spot the red flags, and remind you why transparency is crucial. Plus, we'll chat about how the IRS keeps a close eye on potential scams and insider deals.

We won't sugarcoat it—things can get shady when a nonprofit starts buying from its owner's business. We're talking about the nitty-gritty of private inurement and excess benefit transactions. If that sounds like a foreign language, don’t worry—we break it down in plain English. We'll even throw in some hypothetical scenarios to help you see the potential tax perks and pitfalls. Whether you're a nonprofit newbie or a seasoned pro, you'll leave this episode with a better understanding of what to watch out for.

Finally, we tackle the tricky topic of scams. They're not just harmful—they're often pointless, too! We encourage you to cut ties with any sketchy schemes and share your stories with us. Got a friend tangled up in a dubious venture? We'd love to hear about it and offer our take.

Remember, you're not alone on this nonprofit journey, and we're here to help you navigate it with a bit of humor and a lot of heart.

In this episode, you will hear: * Spotting sneaky nonprofit tricks: nonprofits linked to for-profit businesses and suspicious money flows between them * Why owning both a nonprofit and a for-profit can lead to IRS issues and is usually discouraged * How nonprofits purchase from the owner's business, hinting at potential misconduct * Scams, avoiding shady dealings, and adhering to nonprofit ethics * Nonprofits require effort and aren't a shortcut to riches

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, Meghan and I are diving headfirst into the tricky world of nonprofit boards.

You're not alone if you've ever wondered why your board seems more like a roadblock than a support system. We've got a juicy listener question from someone stuck with a board that feels more like a nagging boss than a helpful partner. Can you just ditch the board entirely? Spoiler alert: it’s not that simple, but we're here to help you navigate these murky waters.

Meghan and I unravel the tangled web of board-staff dynamics. We know how frustrating it can be when board members overstep, adding more to your to-do list than you can handle. We’ll chat about the board’s legal duties (in the least boring way possible) and why they can’t just sign them away. Plus, we’ll offer real-world tips on how executive directors can manage these board relations better, ensuring everyone stays in their lane. And yes, we’ll even sprinkle in a bit of Oxford comma drama just to keep things interesting.

Whether you’re an ED who feels like you're juggling flaming torches or a staff member wishing for a little more autonomy, this episode is for you. We'll explore practical solutions like board training and third-party mediation to help smooth things out. Tune in, laugh with us, and maybe learn how to gently nudge your board in the right direction. And if all else fails, feel free to share this episode with a board member who could use a hint!

In this episode, you will hear: * Nonprofit boards: the captain's role, steering missions. Can a weak board be ousted? * Drama alert: Board overreach vs. staff independence. Legal duties demand balance. * Board-staff tension eases with a playful Oxford comma debate. Spicy grammar wars! * Boards that delegate too much. Chasing resume clout, not nonprofit passion. * Tips for executive directors: Manage board expectations and set boundaries. No more random tasks! * Board-staff tensions? Training and a neutral party can help clear the air.

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, my co-host Meghan and I are answering one of the top questions we get - what happens while an org’s nonprofit tax exempt status is pending?

We know that the IRS application process for 501(c)(3) status can feel like climbing a mountain in flip-flops, so we're here to break it down for you. We'll chat about the differences between the 1023-EZ form and the full 1023, and give you the lowdown on processing times and eligibility requirements. Plus, we'll answer a listener's burning question about whether you should wait for IRS approval before getting your nonprofit up and running. Spoiler alert: you don't have to just twiddle your thumbs!

But let's be real, starting a nonprofit isn't just about paperwork. It's about passion, community, and making a difference. We'll share some laughs and maybe a few zany stories as we explore the importance of community support in spreading your nonprofit's mission. We'll also talk about how you can start building those vital connections and getting things moving, even while you're waiting for that IRS letter to show up in your mailbox.

Finally, we'd love for you to join our growing community. Share this episode with your friends, hit that subscribe button, and don't forget to rate and review us. It really helps more people find us and get the support they need. And hey, if you've got a story or a question, reach out to us online. We're eager to hear from you and keep this conversation going. Thanks for being part of our journey into the world of nonprofits—you're not alone in this, and we're cheering you on every step of the way!

In this episode, you will hear: * The real differences between the 1023-EZ and the full 1023 form—quick snack vs. full-course meal for your nonprofit! * How long it’ll take for the IRS to review your application * What you can and can’t do after you file the application * How to stay out of trouble before your letter comes in the mail * What to tell donors when you’ve applied but haven’t gotten your status yet

Resources from this Episode Check out Next in Nonprofits: www.nextinnonprofits.com

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Have you ever tried to open a bank account for your 501(c)(3) and felt like you were navigating a never-ending maze? Well, you're not alone!

In this episode of Charity Therapy, Meghan and I are here to make that process a whole lot simpler. We’re breaking down the essential steps, from getting all your paperwork in order to avoiding common pitfalls. Whether you’re a pro or just getting your nonprofit boots on, this chat will leave you feeling ready to confidently tackle your nonprofit’s finances.

We dive into a listener's tricky situation about starting a new chapter of a 501(c)(3) and the hurdles they’ve faced with getting a bank account. Spoiler alert: sometimes the national organization isn’t being unhelpful—they might just be following the rules! With a mix of legal insights and real-world stories, we’ll explain why proper authorization is crucial and how to ensure you’re not accidentally breaking any rules.

By the end of this episode, you’ll know exactly what steps to take to open that nonprofit bank account the right way.

In this episode, you will hear: * The must-do steps for setting up a nonprofit bank account, from getting incorporated to gathering all the necessary paperwork * A listener's struggle with opening a bank account for a new chapter of a 501(c)(3) * Why having the proper authorization is crucial * The common mistakes people make when setting up nonprofit bank accounts and how to avoid them * The lowdown on how different nonprofit structures (like chapters and affiliates) affect your banking options * Learn why opening a secret bank account is a terrible idea, even if you have the best intentions

Resources from this Episode Learn about nonprofit chapters & affiliates: birkenlaw.com/charity-therapy-podcast/ct097

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Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I are taking you on a wild ride from the wacky world of the Minnesota State Fair to the serious yet often misunderstood role of a nonprofit founder.

We dive into the heart of the matter: what does it really means to start a nonprofit? Spoiler alert: unlike for-profits, it probably doesn’t mean any cash in your pocket. Intrigued? Stick around to find out why this is so crucial for keeping charities honest and effective.

We tackle a listener's query about founder rights when the board calls it quits. There's a big myth that founders have ownership rights, and we're here to bust that myth wide open. When a nonprofit closes, its assets go to another nonprofit, not into the founder’s pocket. We know this can be a tough pill to swallow, especially if you're super passionate about your mission. We offer some advice on how to keep your cause alive, even if it means starting fresh. We chat about the tough realities of giving up control to a board and offer some fun, light-hearted moments to keep things balanced.

So grab your favorite fair food (maybe skip the dill pickle lemonade) and join us for a deep dive into the ups and downs of nonprofit founding.

In this episode, you will hear: * What a nonprofit founder’s role REALLY is * What happens to the assets when a nonprofit closes its doors * A listener question on whether founders have any rights after a nonprofit’s board votes to dissolve * Busting the myth that founders have ownership rights * The emotional and legal aspects of letting go of a nonprofit * The sometimes tricky relationship between a founder’s vision and the board’s decisions * Starting a nonprofit means giving up control to the board * Advice on how to keep your mission alive, even if it means starting a new venture from scratch

Resources from this Episode Learn about nonprofit dissolution: birkenlaw.com/charity-therapy-podcast/ct115

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today, Meghan and I are diving deep into the early years of running a nonprofit – that tricky “danger zone” between one to three years where everything feels like it's falling apart.

On this episode of Charity Therapy, we're chatting about how to tackle burnout, handle fundraising nightmares, and smooth out those internal squabbles that can really put a damper on things. Plus, we’ll be answering a juicy listener question about reviving a nonprofit its president unilaterally dissolved. Spoiler alert: governance drama and IRS headaches ahead!

We'll walk you through the maze of bureaucratic steps needed to bring a dissolved nonprofit back to life – or decide if it's better off staying in the grave. We’ll talk about the difference between a fully dissolved nonprofit and one that's just been left to gather dust and why that matters. Reapplying for 501(c)(3) status isn't exactly a walk in the park, but we have some tips to make it less daunting. But it's not all paperwork and processes – we also celebrate the incredible passion and dedication of nonprofit folks like you. Remember, focusing on the human element is key to long-term success and growth.

So grab your favorite drink, settle in, and join us for a conversation that's as insightful as it is relatable. And hey, if you enjoy this episode, do us a solid and leave a five-star review. Share it with anyone who might be struggling with their nonprofit journey. We’re all in this together!

In this episode, you will hear: * Why nonprofits often hit a “danger zone” in their first three years * The burnout, fundraising woes, and internal conflicts that spell trouble for a new nonprofit organization * A listener’s situation where the president dissolved their nonprofit solo * How to potentially revive a nonprofit or start fresh * The difference between a fully dissolved nonprofit and one that's just been left hanging, and why it matters * The tricky process of reapplying for tax-exempt status with the IRS and understanding the procedural nitty-gritty * How to reanimate an abandoned nonprofit and the potential drama it could stir up * Why keeping the human side in mind is key to sustained growth and wellness

Resources from this Episode Mission Guardian: www.missionguardian.com

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Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, Meghan and I cover the most important topic - the REAL differences between a Minnesotan and a Wisconsin accent!

But don't worry. We quickly shift gears to talk about something really important for nonprofits: DBAs (Doing Business As). We answer a listener's question about juggling legal name changes and DBAs without making things overly complicated. Trust me, you'll walk away with some practical tips to make your nonprofit life a whole lot easier.

In the second half of the episode, we get into the nitty-gritty of managing multiple DBAs for nonprofits. Meghan and I break down the annual compliance you need to keep up with and warn against filing unnecessary DBAs that just add to your workload. We even chat about how keeping an old DBA can help make rebranding smoother. Plus, we've got some funny anecdotes and past episodes to reference if you need a deeper dive into nonprofit branding.

Whether you're a nonprofit newbie or a seasoned pro, join us for some laughs and loads of actionable advice. We'll help you navigate the maze of DBAs, compliance, and rebranding, all while keeping things light and fun. And don't forget to share your own quirky accent stories with us on social media—we'd love to hear from you!

In this episode, you will hear: * What a DBA is for nonprofits * Keeping things legal and clear for banks and the public * A listener's question on filing multiple DBAs after a name change * When you should file a DBA (hint - not just for the heck of it!) * Strategies for rebranding * Keeping an old DBA during a transition * The headaches of managing multiple DBAs * The need for annual state registration * Risks of letting state registrations lapse * Avoiding extra work and potential legal messes * Avoiding being shady * Only file DBAs if they solve real problems * Over-filing creates more hassle and paperwork

Resources from this Episode * Episode about branding & changing the nonprofit’s name: https:/birkenlaw.com/charity-therapy-podcast/ct105 * Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ * Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Welcome to another episode of Charity Therapy! This time, Meghan and I dive into the emotional and often tricky process of nonprofit dissolution. It's a rollercoaster.

We'll talk about what happens to leftover funds and how to make sure they go to the right places, respect donor wishes, and keep the nonprofit’s mission alive. Plus, we've got some advice for a former executive director wrestling with how to distribute those remaining funds in a meaningful way. Spoiler: sometimes, overthinking can be the real villain.

In the second half of the episode, we flip the script and invite you to join our community. We want to hear your stories, questions, and feedback—anonymously, of course. Your ratings and comments, especially those shiny five-star ones on Apple, help us keep bringing valuable content to the nonprofit world. And hey, I even compare our intense discussion to taking a cold shower—refreshing but definitely eye-opening.

Lastly, remember, we’re all in this together. The nonprofit world can be tough, but you’re not alone. Grab your headphones, get comfy, and let's dive into this heartfelt and insightful episode. You won’t want to miss it!

In this episode, you will hear: * The tricky process of dissolving a nonprofit * How to handle leftover funds without breaking a sweat * IRS guidelines for transferring assets * A former executive director’s question about making big donations to a few nonprofits or spreading the money around * The emotional struggle of letting go of a nonprofit closing down

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Ever wondered what nonprofits can and can't do when it comes to politics?

On today’s episode of Charity Therapy, Meghan and I are diving into the tricky world of political activities for 501c3 nonprofits. We'll chat about the dos and don'ts of voter engagement, why 501c3s can't endorse candidates, and how 501c4s have more wiggle room in the political arena. Plus, we touch on the buzz around the Heritage Foundation and Project 2025. Spoiler: it's more complicated than you think!

We also tackle some common misconceptions about how the IRS handles complaints about nonprofits. It's not as simple as just filling out a form and sending it off. We'll talk about the reality of IRS oversight, the importance of detailed documentation, and why state attorney generals might be your best bet if you suspect a nonprofit is up to no good. If you’ve ever wondered how to properly report nonprofit misconduct, this episode is a must-listen.

By the end of our chat, you’ll have a clearer understanding of the rules nonprofits need to follow, and you might even find some humor in the chaos of IRS paperwork (yes, really!). Grab a cup of coffee, sit back, and let’s navigate these nonprofit political regulations together.

In this episode, you will hear: * The political dos and don’ts of 501c3 nonprofits * 501c4s have way more freedom in politics than 501c3s * Can you really shut down Project 2025 by filing a complaint with the IRS? * Why filling out Form 13909 isn’t a magic wand * The IRS is like a turtle while, state attorney generals are more like watchdogs * How a TikTok-driven complaint tsunami can further slow down the IRS * File real evidence against a nonprofit with both the IRS and the state attorney general

Resources from this Episode IRS Form 13909: www.irs.gov/pub/irs-pdf/f13909.pdf

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, we’re diving deep into nonprofit finances to help you safeguard your organization from fraud.

We’ll walk you through essential internal controls like segregation of duties, setting up a budget, and making sure transactions get a second set of eyes. Trust me, even if your team feels like family, these steps are crucial to keep everything above board.

We also share a real-life nail-biter involving a nonprofit treasurer who’s up to no good—think missing funds and some shady behavior. We’ll break down the best ways to handle this sticky situation, from potentially taking legal action to quietly resolving things to protect your nonprofit’s good name. We’re here to help you figure out when to take the high road and when to call in the big guns.

Throughout the episode, we sprinkle in a bit of humor and empathy because, let’s face it, dealing with financial fraud can be super stressful. We’ll remind you that you’re not alone and give you practical tips to prevent these issues from cropping up in the first place.

Grab a cup of coffee, get comfy, and let’s tackle this together!

In this episode, you will hear: * The nitty-gritty of nonprofit financial controls * Even if your team seems trustworthy, you still need those checks and balances! * Why it's crucial to split up financial tasks among different people * The dangers of having one person in charge of everything * The magic of setting a budget and ensuring everyone’s on the same page about where the money’s going * The juicy details of a real case where a nonprofit treasurer is suspected of sneaking $1,500 into their own account * The tricky balance between going public and keeping things quiet * Practical advice on whether to call the cops or handle fraud cases quietly to protect your nonprofit's reputation * The difference between minor slip-ups and massive fraud. * How to deal with each situation and the importance of protecting your nonprofit's assets * Key tips on internal financial controls, using budgets wisely, and focusing on what’s best for your organization

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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What really goes into shutting down a nonprofit?

In this episode of Charity Therapy, Meghan and I explore the emotional and legal rollercoaster of nonprofit dissolution. We kick things off by exploring the tricky differences between closing a nonprofit versus a for-profit business. Trust us—it’s not as simple as just locking the doors. We even tackle a question from a listener about a struggling local chamber of commerce. If you’ve ever wondered if it’s time to close up shop, this is the episode for you!

But wait, there’s more! We delve into the nitty-gritty of what happens to any leftover funds when a nonprofit shuts down. Spoiler alert: it’s not just about cutting a check to another nonprofit. We walk you through settling debts and fees and discuss whether a nonprofit that has achieved its mission should celebrate its accomplishments or set new goals. Plus, we sprinkle in some laughs and moments to remind you that closing a chapter can sometimes be a cause for celebration.

Grab a cup of coffee, get comfy, and let’s navigate the complex and emotional world of nonprofit dissolution together.

In this episode, you will hear: * A listener's heartfelt dilemma about a local chamber of commerce that's stuck in the past and not keeping up with the times * Why closing a nonprofit isn't as simple as shutting down a for-profit business * The statutory process and why it takes six months, whether you have $2,000 or $2 million in the bank * The complications of transferring the remaining funds to another nonprofit * Whether a nonprofit that has achieved its mission should celebrate its success and dissolve or re-strategize for new goals * The emotional toll of nonprofit dissolution * A listener’s question about running leftover nonprofit funds through a personal bank account * The importance of following the rules, even if it seems like no one’s watching * Closing a nonprofit can be a reason to celebrate

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Ever find yourself tangled in the mess of restricted donations and wondering how to keep everything legal and ethical? Well, you're in luck!

In this episode of Charity Therapy, Meghan and I are here to help you navigate the tricky world of restricted funds with a whole lot of laughter and practical advice. We start with some hilarious stories about my duck-raising adventures—yep, lots of duck eggs—before diving into your questions about handling these special donations.

We chat about what restricted gifts really are, using some famous examples like the Red Cross fiasco, and why it's so important to stick to donor wishes to keep trust intact. Meghan and I discuss the tough decisions nonprofits face, like when someone offers a huge donation for something big, like buying a building. Spoiler: It’s not always as awesome as it sounds! We emphasize involving your board and considering all the costs before jumping in. We even suggest alternatives like short-term leases to avoid financial pitfalls.

This episode is packed with useful tips on responsible fundraising, managing restricted funds without losing your sanity, and ensuring you don’t accidentally break any rules. Plus, we answer some great listener questions, giving you real-life scenarios and solutions.

Whether you're new to the nonprofit world or a seasoned pro, this episode has something for everyone. Grab your headphones, get comfy, and let's dive into the fun and fundamentals of restricted funds!

In this episode, you will hear: * Jess shares her duck-raising adventures and the overflow of duck eggs * The nitty-gritty of restricted donations * The Red Cross’s mishap as a cautionary tale on why sticking to donor stipulations is a must to avoid legal trouble * The drama of an executive director wanting to shuffle restricted funds around * Jess stresses that shuffling restricted funds is a big no-no * The legal and ethical importance of using donations as intended * Reallocating funds with donor consent, how to properly document this, and ways to get donor approval without causing chaos * A nonprofit newbie is offered a huge donation to buy a building but realizes the money won't cover everything * Jess advises the newbie on thinking it through, considering ongoing costs, and maybe opting for a short-term lease * A reminder that major decisions like accepting large restricted gifts should involve the board * Some key takeaways are to respect restrictions, manage funds smartly, and craft fundraising asks carefully to avoid accidental restrictions

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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If you've ever felt like a deer in headlights when someone mentions grants, I’m here for you. In fact, I've got the guru of grant-getting, the scribe of success, Dalya Massachi herself, joining me on today’s power-packed episode of Charity Therapy.

Nonprofit newbie or not, grant writing is super stressful. It’s a skill that takes practice and time to get used to, and that doesn’t happen overnight. In our chat, Dalya and I get down to the nitty-gritty of what makes a nonprofit ready to take on the grant world. Yeah, you guessed it: there’s more to it than just having your C3 status (although that's pretty important too.) We cover the eight must-haves for grant writing readiness while also diving into the dark side of grant applications and how to avoid that dreaded mission drift.

It's all about alignment, communication, and staying true to your org's unique superpowers. But, most importantly, you’ve got to remember that it’s a process.

So, if you're feeling the grant blues or just need a little push in the right direction, tune in, soak up Dalya's wisdom (and those free resources!) and let's get those grants rolling in!

In this episode, you will hear: * Eight must-have components for nonprofit readiness * The FIRST framework for crafting grant proposals * Why partnering with other community organizations can be a strategic alliance * Tips on updating and using boilerplate grant language effectively

Resources from this Episode Free Grants Resources: https://www.writingtomakeadifference.com/grant/

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Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today we’ve got an episode from the backlist featuring one of our favorite guests, T. Clay Buck from TCB Fundraising! Clay and I dive into the nerdy goodness of data and systems for fundraising success. Clay dropped some serious knowledge bombs about the power of a solid fundraising plan and the need to keep it real with your donors.

We tackle a listener's dilemma about getting their board involved in fundraising, and Clay is all about having a real honest convo with your consultant. Plus, he shakes up the idea that you can't raise funds in a resource-limited community. Spoiler alert: It's all about your story and that abundance mindset!

We wrapped it up with some golden nuggets on why fundraising isn't just sales and how to diversify your funding eggs (don't put 'em all in one basket, folks!). If you're trying to level up your nonprofit's money game, give this episode a listen. And hey, hit me up with your questions or follow along for more nonprofit nuggets. Catch you next time!

In this episode, you will hear: * How data and numbers can transform your fundraising plans * The real difference between sales and fundraising * The role of the board of directors in your fundraising * Why hiring a consultant isn’t just a quick fix to your fundraising problems * Why we should change up the way we think about our individual donors * How a scarcity mindset can sink your fundraising plans

Resources from this Episode https://tcbfundraising.com/

Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, we're gonna break down the often confusing world of IRS status for 501(c)(3) nonprofits.

We know, taxes? Yawn, right? But stick with us because we'll make it as painless as a Band-Aid on a teddy bear. We'll dig into the difference between public charities and private foundations and spill the beans on why “tax-exempt” doesn't mean you can ghost the IRS on other taxes like payroll and sales tax. Yep, even nonprofits can't dodge the tax man entirely!

But don't worry. We’re not leaving you to figure this out alone. Jess and Meghan dive into the deep end of what it means to keep your nonprofit's nose clean with the IRS. Spoiler alert: You could lose big time if you snooze on your paperwork. We talk about the dreaded “automatic revocation” (cue dramatic music), which is IRS-speak for, “You're outta here!” if you forget to do your homework. We've all been there, juggling life's curveballs and trying to save the world. Sometimes, things slip through the cracks, and suddenly, your tax-exempt status vanishes like ice cream on a hot day. But hey, we've got tips and a nifty tool called DIY Mission Guardian to help you stay on track without breaking the bank.

Lastly, if you're like, “Wait, what's this 990 form everyone's talking about?” don't sweat it. Think of it as your nonprofit's yearly selfie to the IRS, saying, “Look, we're still here, and we're awesome!” We chat about why it's super important and how not filing it is like forgetting your best friend's birthday—three years in a row. Trust us, you don't want to be that guy.

Grab your favorite snack, kick back, and let's navigate the IRSlabyrinth together.

In this episode, you will hear: * Tax exemption for nonprofits isn't a total tax break * Combining a 501(c)(3) and a 501(c)(4) sounds like a neat trick, but no can do - one nonprofit can't be two tax-exempt BFFs at the same time * Missing your 990 filings is like ghosting the IRS * Running a nonprofit ain't a solo gig * Before you go all in on reviving your nonprofit, take a beat * Nonprofits hiring their first employee need to jump through all the usual hoops

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Ever thought running a charity is all about helping people and feeling good? Strap in because Meghan and I are about to take you on a wild ride through the real ins and outs of starting and keeping a nonprofit afloat. Spoiler alert: it's not all sunshine and rainbows. There are hoops to jump through and some pretty sticky rules that can trip you up. But don't worry. We're here to help you through it without pulling your hair out.

In this episode of Charity Therapy, we get super honest about how starting a nonprofit isn't as simple as just wanting to do good things. There's a bunch of rules and paperwork that can make your head spin. We talk about why it's tough and why sometimes the best thing to do might be to skip starting a nonprofit altogether. Yep, you heard that right. Sometimes, it's easier to help in your community without all the formal stuff. We're here to share our stories and tips and remind you that if you're feeling overwhelmed, you're totally not alone.

Lastly, if you're already running a nonprofit and find yourself tangled in red tape, we've got your back. We dive into why there are so many rules and what you can do instead of getting stuck. We even tackle the big question: why is it all set up this way? Trust me, we feel your pain, and we might just have a few laughs along the way because sometimes you've just got to laugh to keep from crying, right?

So come hang with us, bring your toughest questions, and let's navigate this nonprofit jungle together.

In this episode, you will hear: * Spilling the tea on how starting a nonprofit is like an obstacle course with the IRS and state laws ready to trip you up * The mountains of rules surrounding nonprofits * Why doing good doesn't mean you gotta start a nonprofit * When to skip the headache and do good in your community without the red tape * The reasons behind the government’s tight leash on nonprofits * Other ways to make an impact without the paperwork pain * A listener's vent about nonprofit startup costs and Jess's hot take * Solutions for small missions with big hearts

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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I've got a real treat for you in this episode of Charity Therapy. It's all about finding that sweet spot for your nonprofit's mission and vision without tripping over those pesky legal lines.

Meghan and I dive into why your mission should feel like a finish line you can cross—not just some far-off dream you're chasing forever. We also get real about those missions that are so big and messy that they could keep you busy till the end of time. But don't worry—we're all about keeping it real and making sure you've got goals you can tick off your list.

Then, we're chatting about sprucing up your mission to match all the cool new stuff your nonprofit is up to. Because let's face it, your group isn't the same as it was 20 years ago, and neither should your mission statement. I'll let you in on the secrets of keeping it fresh and legal so the IRS stays off your back while you're out there changing the world. Remember, it's like giving your nonprofit a new haircut—you want to look sharp but don't want to end up with a style that screams, “I lost a bet.” Lastly, we're giving high-fives to those forward-thinking nonprofits planning for the future like champs.

Together, we're making the nonprofit journey less of a solo hike and more of a group road trip—complete with cheesy snacks and off-key singalongs. Let's hit the road and make some magic happen for your nonprofit!

In this episode, you will hear: * Diving into the confusion between nonprofit mission vs. vision * Why mission vs. vision is like comparing your wildest dreams to the steps you need to take toward them * The achievability of a nonprofit mission can be a can of worms * Being too successful might put you out of business * Updating your mission statement and keeping the tax folks happy * Broadening your mission statement to help growth, but clarity is key!

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today on Charity Therapy, Meghan and I dive into the sometimes tricky and often murky waters of nonprofit tax exemption and financial compliance. Think of us as your guides on a thrilling trek through the IRS jungle, equipped with the know-how to tackle those intimidating forms 1023 and 1024. And yes, we'll even chat about my duck Clover's latest shenanigans – because why not mix a little quack with our quality advice?

We're talking shop and celebrating a nonprofit that totally crushed its fundraising goals (high fives all around!). But, as they say, with great fundraising comes great paperwork responsibility. Transitioning from a simple 990N to the full 990 form can be daunting, but fear not! We're here to help you navigate the choppy seas of record-keeping, getting help from pros when you need it and bracing for those state audits that can pop up when you least expect them. It's all about keeping your nonprofit financially fit and compliant as it grows.

Join us as we break down what it really means to apply for tax exemption (spoiler alert: it's not a walk in the park) and answer a listener's burning question about an unexpected cash windfall (hello, big bucks!). Remember, while the IRS isn't out to get you for being unexpectedly awesome at raising funds, they expect you to play by the rules.

Buckle up, bring your questions, and let's make this nonprofit journey a little less bumpy and a lot more fun. And as for Clover? She's doing just fine, taking baths in dish pans and living her best duck life.

In this episode, you will hear: * A fun journey through the IRS maze, with duck tales and expert advice on nonprofit tax forms * Learn the real scoop on the 1023 and 1024 forms * Why the “EZ” in 1023-EZ might be misleading * Get clued in on what to do when your nonprofit's cash flow goes from small change to big bucks * The switch from 990N to the full 990 form * Why meticulous records and a pro accountant are your nonprofit's new best friends * Tips on staying financially healthy and compliant – even when you hit the jackpot with a huge grant * Jess’s mud-splattered morning with her duck Clover proves that nonprofit work can be as unpredictable as a backyard barnyard * A shoutout to the proactive nonprofit that remembered its financial limits

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Jess is coming at you with another episode that's gonna knock your grant-seeking socks off.

In this episode of Charity Therapy, Jess is hanging out with the amazing Allison Welch, who's like a treasure hunter for grants, guiding us through the twists and turns of nonprofit funding. We're peeling back the curtain on that mysterious world of grant dollars, and it's not just about waving that 501(c)(3) magic wand and watching the money fall from the sky.

We're getting down to the nitty-gritty of what you really need to snag those grants – a mission statement that sticks, a rock-solid program that's just begging for support, and the financial storytelling that proves you're the real deal. And for a bit of real-world spice, we tackle a listener's pickle with reimbursement grants. Yep, they're as tricky as they sound, but fear not! We're sharing how they navigated those choppy waters and came out with their pockets full.

Now, don't go thinking this is your typical snooze-fest chat about funds and figures. Oh no, we're bringing the fun with our take on the funder-fundraiser dance, advocating for a buddy-buddy approach that could open doors to a goldmine of support. Plus, we're diving into the AI debate – can robots really help write grant proposals, or do they lack that human sparkle?

Tune in and get armed with the insider knowledge that could make all the difference for your nonprofit's future. Grab a snack, hit play, and let's conquer the grant game together!

In this episode, you will hear: * Discover why 501(c)(3) status is just the start of your nonprofit's funding adventure * Learn the must-haves for snagging grants: a sharp mission, a solid program, and financial docs that share your money story * The lowdown on managing reimbursement grants * Change your tune on fundraising: think partnership—for a dance with donors that could mean big bucks * Chatting with funders and asking for advice to open doors to more moolah * AI in grant writing and why human touch wins for connecting with funders' hearts and wallets * Grants ain't fast food—they're a slow cook to success

Resources from this Episode Allison Welch Consulting: www.allisonwelchconsulting.com

Sign up for the Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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You're about to dive into a podcast episode that's gonna change the game for your nonprofit's events.

On this episode of Charity Therapy, Alicia Baraga joins Jess, and she's the superstar behind Ripple Event Marketing. We're unpacking all the tips and tricks to create fundraising events that are as unique as your mission – and it's not just about throwing another boring gala.

Jess and Alicia kick things off by chatting about the wildest events they’ve seen, from a beanbag tournament on a baseball field to a dueling piano showdown in an airplane hangar (yep, you heard that right!). We'll help you figure out who your crowd is and how to plan something they'll actually want to show up for, all without breaking the bank. Alicia dishes out the real talk on why it's super important to set clear goals so you can high-five yourself when your event is a smash hit.

We know money can be tight, especially when you're just starting out. That's why we talk about where you can be smart with your budget, like maybe picking up some know-how from a course like Event Brand Boot Camp instead of hiring a full-blown event planner right off the bat. By the end, you'll have a bunch of resources and enough confidence to plan an event that might just be the talk of the town.

Tune in, take notes, and get ready to throw an event that will have everyone buzzing with excitement!

In this episode, you will hear: * Alicia Baraga spills the beans on rocking nonprofit events with limited cash and space * Pinpoint where you really need help and consider taking a class like Event Brand Boot Camp * Unique venues can turn a blah event into the talk of the town * Sponsorship is about making friends with local businesses who dig what you do * Find sponsors early in the planning stage * Talk to your boss about funding your event

Resources from this Episode Alicia’s Brand Bootcamp: https://rippleevent.teachable.com/p/event-brand-bootcamp/

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Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Have you ever thought about what your nonprofit looks like to the rest of the world?

Well, buckle up because we're diving headfirst into the wild world of branding with Justin Bieganek. We're not just talking logos and colors; we're getting into the nitty-gritty of what makes your nonprofit tick and how to connect with people's hearts—not just their wallets.

Picture this: You run a cat rescue, right? You've been all about giving older and disabled kitties a cozy place to land for years. But now you're doing so much more, from helping with vet bills to teaching pets fancy tricks. And your board's like, “Should we change our name?” You're freaking out because, let's be honest, that sounds like a ton of work. Justin's here to help us figure out if a name change is the cat's meow or if it will just cause a fur-ocious headache.

We're keeping it real and talking about the scary stuff, too, like what if your supporters don't dig the new name? Justin's got some wizard-level advice for navigating those choppy waters. We're all about making sure your nonprofit is dressed to impress and ready to attract new folks who are just as passionate about your cause as you are. And hey, if you're feeling a bit like a scaredy-cat about all this change, that's okay! Change is tough, but we've got your back.

Come join us for some laughs, a few “aha!” moments, and maybe even a lightbulb or two going off as we tackle the big, bold world of nonprofit branding.

In this episode, you will hear: * The heart of nonprofit branding—it's more than just a logo! * A cat rescue's branding pickle: Should their name change after expanding their mission? * Why it's crucial for names to mirror your identity * The courage to evolve and the strategy to keep your mission, vision, and values intact * Rebranding as a means to energize your team, draw new talent, and strengthen community ties * How envisioning success can turn those scary feels into rebranding thrills * Justin’s thoughts on tackling stakeholder resistance * Connecting and turning your brand into a community's heartbeat

Resources from this Episode Learn more about Justin & Mercury Creative Group: https://mercurycreativegroup.com/

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Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today on Charity Therapy, Jess shares some real talk about the wild world of nonprofit tax forms.

Yeah, we know taxes can be a snooze fest, but stick with us! In this episode, we’re bringing on the legendary Eve Borenstein, who's basically the superhero of IRS Form 990. Together, we're tackling the crazy challenges you face with these forms and helping keep your nonprofit from getting lost in the IRS maze.

Have you ever felt like pulling your hair out when dealing with the IRS? You're not alone! Eve and Jess chat about why the IRS seems stuck in the dark ages and how it's messing with nonprofits big time. We're dishing out the juicy details and even some nonprofit gossip that you can actually find on these forms. Yeah, gossip – who knew tax forms could be so telling?

We also get into the nitty-gritty of the public support test. It sounds like a big deal because it is – it's the thing that keeps your nonprofit in the clear for tax-exempt status. Plus, we're sharing some horror stories from nonprofits just like yours that have been through the wringer with the IRS. And guess what? We've got some handy tips and tricks to help you come out on top.

Grab your life vest, and let's navigate these choppy nonprofit tax waters together!

In this episode, you will hear: * “Queen of the 990” Eve Borenstein spills the tea on keeping your nonprofit from sinking in IRS drama * Learn how to avoid the automatic "you're outta here" from the IRS * What to do if the IRS messes up your 990 forms * The scary public support test and showing you've got a bunch of different people backing you up – not just one big spender * The short-staffed IRS causing major headaches for nonprofits * Stories of IRS chaos and tips on dealing with it * Weird penalty letters from the IRS and keeping your cool * How filing your 990 is like your nonprofit's yearbook – it tells your story * Straight talk from Eve on how the IRS's old-school tech and understaffing are making life tough for nonprofits

Resources from this Episode Contact the IRS about an erroneous revocation: www.irs.gov/charities-non-profits/automatic-exemption-revocation-for-non-filing-action-required-by-organization-with-documentation-that-it-filed

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Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Today, we're diving headfirst into the exciting world of nonprofit boards of directors - and specifically, how to bring in new board members! We know - it sounds like something only a paperwork-loving lawyer could adore, but stick with us. It's going to be fun!

On this episode of Charity Therapy, we're peeling back the curtain to reveal how to get those new board members feeling like part of the family in no time. Trust us, it's a game-changer for your nonprofit's success!

We've all seen it – that fresh-faced board member shows up eager to help, only to be left bewildered by acronyms and inside jokes from meetings long past. Not on our watch! We're sharing tips on how to avoid those "deer in the headlights" moments with a warm welcome and some super practical steps. Think of it as setting up a board member playdate where everyone ends up besties, complete with secret handshakes (okay, maybe not that far). But seriously, we're making sure you have the know-how to guide those newbies from clueless to clued-in, ensuring they're ready to make those big, important decisions confidently.

We're not just chatting about the best practices; we're serving up real-life "I can actually use this" advice. From crafting a welcoming packet that doesn't bore people to tears to pairing up your new board member with a seasoned pro who can show them the ropes – we've got you covered. Plus, we're tackling how to mix in a little bit of that special sauce – your organization's culture – so that everyone's singing from the same song sheet.

So, grab your headphones and a comfy chair, and let's turn the sometimes bumpy road of board onboarding into a smooth ride to success!

In this episode, you will hear: * The overlooked part of nonprofit life: onboarding new board members * Why onboarding board members is just as important as hiring new employees * How to make new board members feel ready to tackle their roles * What is a "board buddy" and why you should use them * How the nonprofit's core values will help you identify and integrate new members * What processes for recruitment and onboarding you need * How to get new board members up to speed so they can make informed decisions right from the start

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, we’re digging deep into fundraising - specifically, how to do it ethically. If we’re going to be asking people for their hard-earned dollars, it’s important that we do it right, right?! Check out this episode to help make sure you're on the right side of the law, focusing on your mission, and keeping donor info private.

We're dissecting the Association of Fundraising Professionals' code of ethics and tackling a sticky real-life situation from a listener about a board member wanting member emails. Talk about needing a solid privacy policy!

But we're not just chatting about ethics. We're going right to the heart of the culture of nonprofit organizations. Documents like your conflict of interest policy and donor privacy policies aren't just boring paperwork. They're really important tools that can shape your organization, especially when the going gets tough. We also discuss how overwork and burnout can impact decision-making and the need for a healthy, values-driven work culture to stop any unethical practices.

Whether you're a seasoned pro in the nonprofit world or just starting, this episode is packed with pearls of wisdom.

In this episode, you will hear: * What ethical fundraising even is * About the Association of Fundraising Professionals' and their code of ethics * Whether it’s okay to share your donor’s private info with others (hint - NOPE!) * The need for robust privacy and conflict of interest policies * How the nonprofit’s culture can make or break your fundraising practices * How clear policies and a positive work culture can prevent unethical messes * The harmful effects of overwork and burnout on decision-making * How to foster a positive, values-driven work culture

Resources from this Episode Association of Fundraising Professionals Code of Ethics: https://afpglobal.org/ethicsmain/code-ethical-standards

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Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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We’re back again with another episode and spilling the beans on a tricky, often overlooked concept - private benefit. You'll want to tune in as we break down what private benefit even IS, plus why it plays such a crucial role in nonprofit organizations.

In this episode of Charity Therapy, we answer a listener's question about setting up a dog rescue on their personal property. It's a unique situation that opens up a can of worms about private benefit. We go in-depth about the potential challenges and pitfalls this could bring. We're big believers in tough love, so prepare yourself for some brutally honest feedback and advice.

Whether you're a nonprofit veteran or just starting, don't miss this chance to learn, laugh, and possibly even cringe a little. We're always here to listen, advise, and support you on your nonprofit journey. Send us your questions, share your experiences, and don't forget - a little humor goes a long way in this sector.

In this episode, you will hear: * What is private benefit in nonprofits * Why it's a bad idea to set up a charity that will benefit YOU * A listener's question about starting a dog rescue at home * The possible legal trouble and damage to your rep if you try to gain from your nonprofit personally * Who really owns a nonprofit (Hint: it’s not the founder!) * Why a nonprofit organization's resources should be used for the public good - not to fill the founders' pockets * “Tough love” and honesty to avoid future problems, even when the truth hurts

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, Meghan and I dig deep into Founderitis, also known as Founder's Syndrome, in the world of nonprofits.

As we answer a listener's question about balancing founder power and decision-making, we explore planning for a future that extends beyond a founder's tenure. Trust us - it's not about having absolute control but about sustaining your nonprofit's mission for the long haul!

Navigating the nonprofit world can feel like crossing a minefield blindfolded, especially when dealing with Founderitis. How are you supposed to grow when you’ve got someone clutching the reins of the org with a vice-like grip?! But fear not! Meghan and I are here to guide you through the rocky terrain. We'll be sharing some nuggets of wisdom on how to sidestep the pitfalls of Founderitis behavior. We've got you covered, from building an effective board to fostering relationships with potential new members.

Another important point in preventing (or treating) a case of Founderitis? Your bylaws and governance practices. Remember, being a charismatic leader isn't about keeping complete control; it's about ensuring your nonprofit's mission continues to thrive, even when you're no longer at the helm.

Sit back, grab a cup of your favorite brew, and let's dive into Founderitis and nonprofit governance!

In this episode, you will hear: * What is Founderitis or Founder's Syndrome * Why it's a bad idea to write rules that give the founder too much power * The nonprofit's mission should be bigger than the founder * The problems with Founderitis in the nonprofit world and how to avoid it * Building a kick-ass board and getting to know possible new members * When to get help when writing rules that prevent Founderitis * Being a great leader means making sure the nonprofit's mission keeps going strong * How to engage new potential board members in your organization * How the nonprofit’s culture can make-or-break Founderitis problems

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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On this episode of Charity Therapy, Meghan and I break down nonprofit bylaws and everyyyyything you didn’t even know you needed to know. Trust me - by the end of this episode, you'll be a nonprofit legal eagle! From the implications of not following bylaws to debunking common misconceptions, we're laying it all out there - and throwing in a good dose of humor along the way.

We tackle a question from a listener who's a little unsure about the legal and ethical aspects of a decision made in their organization. The president of their nonprofit unfortunately passed away, and the vice president stepped in - but now he's postponing elections until 2025! Sounds complicated, right? But don't worry. We're diving deep into this and breaking it all down.

If you're confused about nonprofit bylaws or have ever wondered about the rights and expectations of voting members in your organization, this is the episode for you. We're all about bringing clarity to complex matters and reminding you that you're not alone on your nonprofit journey.

In this episode, you will hear: * Debunking misconceptions about nonprofit bylaws * The importance of an organization's constitution * A listener's question about a president postponing elections after a sudden death * The legal and ethical issues surrounding a postponed election * Adhering to bylaws even when non-compliance may not have severe consequences * A potential 501(c)(3) violation by an "assumed president" * Holding a special election to maintain proper procedures * Avoiding legal issues in nonprofits and getting professional advice when questions come up

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I are diving into the nitty-gritty of politics within the nonprofit world.

Have you ever wondered if your nonprofit can hire someone running for local office? Well, a listener recently asked us that very question, and we’re ready to tackle it head-on. We're going to peel back the layers of rules and regulations and discuss the potential hurdles and solutions around this tricky subject.

We're not stopping there, though. We'll also dive deep into the larger landscape of politics and nonprofits. From offering tips on navigating through the maze of regulations to discussing nonprofits' role in the political arena, we've got you covered. Plus, we'll be sharing stories from other listeners navigating similar challenges. Trust us, this is one heck of a conversation!

Whether you're a seasoned nonprofit pro or just starting your journey in this sector, we're here to guide you through these complex waters. Our goal is to make this episode both informative and enjoyable. And hey, who knows? You might even walk away with a couple of laughs!

Get ready for some charity therapy, pumpkin spice latte style (it's fall, after all!). Join us as we decode the fascinating world of politics within nonprofits.

In this episode, you will hear: * A deep-dive into whether nonprofits can hire someone running for local office * Pulling back the curtain on the maze of regulations around politics and nonprofits * The roles nonprofits can and can NOT play in the political arena * Insider tips to navigate these regulations with the nonprofit know-how * Real-life stories from listeners navigating similar challenges

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, we’re diving deep into the mysterious realm of nonprofit chapters and affiliates.

If you've ever been perplexed by the nonprofit world's labyrinth of structures and systems, we've got your back! Meghan and I will explain the crucial differences between chapters and affiliates (who knew they were different?!) and how they can intertwine in an intricate organizational matrix.

In this journey through the nonprofit universe, we're going to tackle the question that keeps many of us up at night: To start a nonprofit or not to start a nonprofit? For a group that’s a small chapter of a larger national org, that question can be really tricky!

We'll discuss the importance of understanding the support (if any) a national organization gives its chapters or affiliates and all the implications of going out on your own. Spoiler alert - sometimes it’s better not to start a new organization at all!

Strap in for a ride through the intricacies of nonprofit structures, full of laughs, a-ha moments, and practical advice. Whether you're a seasoned veteran in the nonprofit sector, contemplating starting your own organization, or just fascinated by this world, this episode is for you. As we say in the biz, there's never a dull moment in the nonprofit sector - let's dive in and enjoy the ride!

In this episode, you will hear: * The differences between chapters and affiliates (and why it matters!) * How organizational structures can easily get super complex * The big question: Do you take a chapter and spin it off to be its own nonprofit entity? * What kinds of support an organization may give its chapters and affiliates * Why sometimes your group doesn’t need to be a nonprofit at all!

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode, we're tackling a BIG topic in the nonprofit world - how much should you do yourself vs hiring a professional? The nonprofit sector is FULL of DIYers, and sometimes that can get people into trouble.

We've all had those moments where we've rolled up our sleeves and thought, "Sure, I can handle this!" But, when it comes to nonprofit work, sometimes that scrappy DIY spirit can lead to more harm than good.

Don't worry. We’ve got plenty of stories to share (some funny, some a bit painful) about the balance between doing it yourself and calling in the professionals.

A perfect example of when to call in the pros? Nonprofit bylaws. If you've ever thought that a standard one-size-fits-all solution is the best way to go, let us tell you - it's not that simple. Each state, type of nonprofit, and governance structure has unique requirements. Ignore these, and you could find yourself in a sticky situation, especially with board members. We’ll share expert advice on how to navigate this complex area and trust us, you don't want to miss it!

Tune in for some laughs, some learning, and a lot of practical advice. Whether you're a seasoned nonprofit professional or just strapping on your nonprofit boots, there's something here for you. Let's dive in, explore the balance of DIY projects versus professional assistance, and unlock the mysteries of customizing nonprofit bylaws.

In this episode, you will hear: * The eternal question for nonprofits - to DIY or not to DIY? * Weighing the pros and cons of doing a project yourself versus hiring a professional * The crucial world of customizing nonprofit bylaws - it's not a one-size-fits-all situation * How each state's nonprofit corporate statute, the type of nonprofit, and the organization's governance structure play crucial roles in drafting the bylaws * The common mistakes nonprofits make when they underestimate the importance of bylaws * Understanding the law, best practices, and organization theory and development when drafting bylaws

Resources from this Episode Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hey there, nonprofit party people! In this episode of Charity Therapy, we're back again, diving headfirst into a topic that sounds about as thrilling as watching paint dry: meeting minutes.

But stick with us! This episode isn’t going to put you asleep, I promise! We will shine some much-needed light on the hidden power of these underrated documents in your nonprofit board governance.

We start by addressing a listener's burning question: can technology-assisted recordings replace traditional written meeting minutes? Spoiler alert: they can't! We've got a whole heap of reasons why.

In the second half of the episode, we venture into the murky relationship between meeting minutes and technology solutions. You'd think with all our AI gadgets and gizmos, there'd be an easy fix, right? Well, sort of. We talk about how using AI tools can help make minute-taking less of a chore and more of a breeze. But don't get too excited - we also stress why it's essential not to record every single detail during meetings. To round it all off, we explain the importance of training new board members on the art of minute-taking.

If you're in nonprofit management and find yourself grappling with board governance, this episode is packed with candid discussions and practical solutions to help you out. Let's turn those meeting minutes from mundane to magical!

In this episode, you will hear: * Meeting minutes’ significance in nonprofit board governance * Why you shouldn’t replace your written minutes with meeting recordings * The relationship between meeting minutes and technology * Why you don’t want to document every minute detail during board meetings * Some AI tools that can make the minute-taking process more manageable * The importance of training new board members on meeting minute protocols * How to address board members struggling with understanding their roles

Resources from this Episode: Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I bravely step into the IRS maze.

Don't worry - we've got a flashlight and a sense of humor to guide us through!

We talk about the unexpected humanity we found within the walls of this bureaucratic behemoth. We also unravel the often confusing and frustrating world of the IRS's automated systems, swapping anxiety for some much-needed clarity.

In the second half, we take a deep dive into the world of nonprofit tax filing compliance. From the importance of filing your 990 with the IRS to the potentially disastrous consequences of neglecting it - we cover it all.

But it's not all doom and gloom!

Meghan and I underline the benefits of electronic filing and emphasize the importance of getting proof of filing from a trusted CPA. And yes, we also talk about the dire implications of a three-year filing lapse - buckle up, it's a wild ride!

Finally, we discuss having the right professionals guiding your nonprofit's finances. Why? Because the stakes are high, and a wrong move with the IRS can be catastrophic. We also share why you need a CPA who specializes in nonprofit accounting and how these professionals can help your nonprofit grow.

Remember, Meghan and I are here to help you navigate these choppy IRS waters!

In this episode, you will hear: * The bureaucratic complexities of the IRS * The difficulties in dealing with the IRS's automated systems and some common frustrations * Nonprofit management and tax filing compliance * The serious consequences of neglecting to file a 990 form with the IRS * The implications of a two-year filing lapse * Why not filing taxes for two years can cause a loss of C3 status * How electronic filing can save you hassle * The critical role of professional guidance in nonprofit management * Hiring a CPA specializing in nonprofit accounting * How a CPA can help guide a nonprofit's growth

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hi there, fellow nonprofit champions! In this episode of Charity Therapy, we’re diving deep into the tangled world of strategic planning and how to lead a nonprofit team without losing your sanity.

Our guest is Avi Olitzky, a rabbi-turned-nonprofit consultant, who’s an expert at guiding nonprofits through the process of creating a strategic plan that’s fresh, innovative, and tailored to your nonprofit. He breaks the process down into four key stages - discovery, synthesis, ideation, and outcomes - and focuses on empathic listening and innovation every step of the way.

But that's not all! We also explore the challenges of leading a creative team and the frustrations of having a vision without follow-through. I promise we're going to help you out here. We'll explore effective leadership strategies, including Jim Collins' concept of having the “right people on the bus.” And we’ll touch on a little tool called the Kolbe A index that might just be the key to understanding your team better.

Join us for a hearty conversation brimming with insights, strategies, and practical tips for all you wonderful nonprofit leaders out there. Remember, even in the most serious of discussions, there's always room for a good laugh!

In this episode, you will hear: * Avi Olitzky’s approach to the often intimidating process of strategic planning. * The four key phases of strategic planning: discovery, synthesis, ideation, and outcomes * What happens when you don’t have the “right people on the bus” * The power of understanding your team better through tools like the Kolbe A index * Why having the right people on the team is just the beginning * How you can create an environment where everyone feels valued and appreciated * The power of empathic listening and innovation.

Resources from this Episode Good to Great by Jim Collins: www.amazon.com/Good-Great-Some-Companies-Others/dp/0066620996

Traction by Gino Wickman: www.amazon.com/Traction-Get-Grip-Your-Business/dp/1936661837

Kolbe A Index: www.kolbe.com/kolbe-a-index

Link to Avi’s website: www.olitzkyconsulting.com

Sign up for Birken Law Email list: birkenlaw.com/signup

Facebook page: www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Hey there! Welcome back to another exciting episode of Charity Therapy! We’re diving into the complexities of moving a nonprofit organization this time.

Yes, you heard that right - relocating an entire nonprofit. Sounds like a piece of cake, right? Well, not exactly. Even for the smallest nonprofits, it’s not as simple as finding a new address.

In this episode, we tackle a listener's question about moving to a different state, and trying to take “their” nonprofit along with them (and whether they should in the first place!). If you think that's as simple as packing up and moving your home, you're in for a surprise! We'll guide you through the complications - from board member requirements to tax exemptions and employment laws.

But that's not all. We also take a deep dive into the situations where you’d want to “relocate” an organization in the first place. Is there only one person involved in the nonprofit? What about the board of directors and community they’re leaving behind? Will the operations even be necessary in your new community? We ponder these questions and much more.

Sit back, get comfortable, and join us! Remember, we're all in this crazy nonprofit world together!

In this episode, you will hear: * How even the smallest nonprofits deal with complex regulations, similar to Fortune 500 companies * What it means to “move” a nonprofit (hint - it’s not what you think!) * The trouble with having a nonprofit of one * The legal requirements to register a nonprofit in a new state vs. creating a new entity * A listener's question about relocating a nonprofit and dissecting potential complications * Why passionate people may need to consider volunteering at an existing organization instead of starting their own nonprofit

Resources from this Episode Nonprofit Financials 101 with Megan Tarnow: youtube.com/playlist?list=PLJhdDWJL-yvzs3eaDaAHbQnPsbF8D-VTV

Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.

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Hey there! We are back again, and this time we’re delving into the nitty-gritty of growing a small team in the nonprofit sector.

We've been through the ups and downs of growing our own team at Birken Law Office, and we're here to share our ups and downs. From building an organizational culture to adapting to changing group dynamics, we've got you covered!

In this episode, we're tackling a question from a listener who's part of a faith-based social services ministry. They're dealing with messy communication and a lack of project management … and they're about to significantly increase their staff. Yikes! We get it. It's like being handed a unicycle when you've only just mastered walking. But don't stress. We'll share our favorite tools (spoiler alert: we're big fans of Agile and Kanban methodologies) and tips for making work easier and more streamlined, no matter your mission.

And, of course, we're bringing our usual blend of humor and empathy to the table. Get ready for an insightful discussion that will empower you to manage your nonprofit growth.

Whether you're a seasoned pro or just strapping on your nonprofit boots, join us for a chat that's as entertaining as it is informative. Don't forget to bring your toughest questions - we ain't scared!

In this episode, you will hear: * Our personal experiences in growing the team at Birken Law * How to establish a strong organizational culture * How to get out of your inbox (for real!) * What project management tools can do to change your work life * How to use Agile and Kanban project management methodologies to streamline your work * Why your job descriptions really matter * Why delegation is the SECRET to team success * How to consciously cultivate a team culture that aligns with the mission

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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It's me again--ready to challenge what you think you know about the nonprofit sector.

In this episode, I invite my guest - my 14-year-old - Max, to take a deep dive into the world of nonprofit boards. We're pulling back the curtain to reveal the roles of board members and officers, including the president, treasurer, and secretary. We also get into the nitty-gritty of the legal implications of compensating these folks. I promise you, this episode will not only feed your curiosity but will likely stir up some fresh thoughts about board dynamics.

We also touch on the heart and soul of any successful nonprofit - effective communication and collaboration. We chat about decision-making processes and how vital every team member's input is. Max and I stress the need for clear policies and procedures - a magic key to navigating potential people problems and creating a good org culture.

You're in for a treat as this isn't just a chat about nonprofits - it's about redefining how we perceive them.

In this episode, you will hear about: * The different roles within nonprofit boards(like the president, treasurer, and secretary) * Why you shouldn’t pay your board members * Why you need clear policies and procedures * How to include the entire board in discussions and how important it is that everyone feels heard * Some of the challenges of getting more diversity on nonprofit boards * Whether nonprofit board presidents can have a veto power * Advice for creating solid policies and procedures for your nonprofit board

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

The episode on Robert’s Rules: https://birkenlaw.com/charity-therapy-podcast/join-me-on-my-soapbox/

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I dive into the often-misunderstood world of conflicts of interest in nonprofits. What is a conflict, really? Is it a terrible, horrible, egregious situation to be avoided at all costs?! Hint: no! Not all conflicts are evil, and not everything people call a conflict of interest actually is one.. In this episode, you'll learn what to do (and what not to do) when a conflict of interest comes up in your nonprofit work.

We’ll also tackle a listener’s question about a board member's support of another organization - is that a conflict? Plus, what happens when board members and staff members are all the same people?

Don't miss this episode that will help you better understand and manage nonprofit conflicts of interest! Whether you're a seasoned nonprofit pro or just dipping your toes into the world of charitable organizations, we’re here to help guide you through these tricky waters with empathy, humor, and practical advice.

In this episode, you will hear: * What is a conflict of interest * What’s NOT a conflict of interest * The problems that can come up when a board member is also paid staff * The importance of due diligence when you’re thinking about joining a nonprofit board * Why you NEED a solid conflicts policy

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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When you think about nonprofits, lots of different things come to mind - missions and visions, fundraising, hard-working staff, and strong communities. But do you know what most folks don’t think of? Efficiency.

Today, Meghan and I are taking you on a journey into the (messy) world of nonprofit operations. Working for a nonprofit can be tough, where you’re always trying to do more with less. But there's a better way. Let's challenge the idea that you have to work crazy hours to get things done and show your dedication. In this episode, we’re exploring ways to make your nonprofit work better and still have a life.

Standard operation procedures - what are they, and why do you need them? Tune in to hear how they can transform your nonprofit-life. Imagine everyone on your team being on the same page and having easy access to information. We cover the who, what, when, where, how, and WHY of SOPs and why it's totally worth it for every organization!

So, if you're ready to make your nonprofit run smoothly and get awesome results with less stress, don't miss this episode! We'll help you make a big impact while still enjoying your life. Let's make your nonprofit shine!

In this episode, you will hear: * Nonprofits are BUSINESSES * How Standard Operating Procedures will save your organization * What platforms are perfect for your SOPs (Airtable, Tettra, and Evernote) * Why you should take time to invest in the business side of a nonprofit! * How to measure dedication to your mission; Hint: It’s not ‘hours worked!’

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Tettra - https://tettra.com/

Evernote - https://evernote.com/

OneNote - https://www.microsoft.com/en-us/microsoft-365/onenote/digital-note-taking-app

Airtable: https://airtable.com/

Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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In this episode of Charity Therapy, Meghan and I tackle another fundraising question - this time about dealing with difficult donors. This episode is a prime example of why it’s SO important to stay focused on your organization's mission, rather than bending to every whim of potential donors. Listen in as we share personal experiences of how being too accommodating to the folks with the big bucks can actually harm your nonprofit, and why it's crucial for organizations to have the courage to say no.

We do a deep dive into a listener's tricky situation with a demanding donor as they try to stay true to the organization's mission. This situation is the perfect case study of why it’s crucial that we as nonprofit folks cultivate a real relationship with donors, instead of just treating them like a set of deep pockets. Plus, we’ll share some ideas of how to handle donor requests that just don't align with your org’s goals.

Finally, you’ll hear about how questionable fundraising practices can impact your entire nonprofit. Is the culture of your org all about the almighty dollar, or are there other values being displayed in your fundraising? So, join us for this convo to explore the delicate dance between making donors happy and staying true to your organization's mission.

In this episode, you will hear: * When to keep your donors happy - and when not to! * How to handle specific donor requests * Why genuine relationships with donors will change your fundraising life * What a gift acceptance policy is, and why you need one * The problems that come from lying to a donor * How your fundraising practices and priorities create the culture of the nonprofit * The Importance of Culture in Nonprofits

Resources from this Episode Sign up for Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review: I’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. I’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.

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Everyone wants to be an insider, right?! Well for nonprofits, that “insider” label can make things a little more complicated. Conflicts of interest have entered the chat! Can board members be hired to be the org’s Executive Director? What about hiring family members? When is an insider just too close for comfort? Meghan and I tackle one HUGE question getting into all the nitty-gritty, so don’t miss this one!

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Join us in the restricted section for the episode – the restricted gifts section, that is! Today, Jess and Meghan break down what a restricted gift is and what exactly it means for your financials to accept one. What happens if you can’t spend a restricted gift for the reason it was gifted? Can you just move money around? And what happens if you accept a restricted gift that maybe isn’t the best idea for the nonprofit? Tune in to get the 411 on restricted gifts, grants, and donations!

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Organizational culture is what gets created when we’re busy doing EVERYTHING else. So, what do your fundraising practices say about your culture? We pulled this episode from the backlist because it deserves another moment in the spotlight! T Clay Buck, fundraising extraordinaire from TCB Fundraising, joins the pod to talk employee giving programs, org values, and so, so much more.

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Talking about fundraising can be overwhelming and FULL of jargon – but not when Patrick Kirby does it! Today we’re joined by Patrick of Do Good Better Consulting to answer your nonprofit fundraising questions. How do we make sure marketing efforts turn into actual dollars? Are cold calls really worth the time? And how the heck do we feel about the end of Amazon Smile? Don’t miss this episode!

  • Check out the Do Good Better Podcast
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The nonprofit world throws out that “501(c)(3)” moniker left and right – but what does that really mean? The IRS doesn’t always communicate in ways the average person can (or should!) understand. So let’s break it down – what are you really exempt from when you’re tax exempt? What’s the difference between a c3 public charity and a c3 private foundation? Tune in to find out!

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Executive committees – what should they really do anyway? Spoiler alert – not as much as you think! Some nonprofit boards have a nasty habit of relying on an executive committee to be the board within the board, and that can lead to a culture disaster. In this episode, Jess and Meghan hear from questioners on both sides of this messy governance dynamic. Don’t miss one!

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You can’t (and shouldn’t!) envision every bad thing that might happen at a nonprofit. Nobody’s got time for that! But you do need to be prepared and protected – and that means insurance! We’re pulling this episode out of our backlist where insurance broker Tom Wertish of Options Insurance answers allllll your burning insurance questions. What kind of insurance do you need to cover volunteers or 1099 contractors? Plus – are your contractors even contractors in the first place?? Don’t miss this fan favorite!

  • Check out the MN Attorney General guidance on 1099 vs W2 and the IRS test form to determine if your staff are contractors or employees.
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There’s this phrase “no man is an island.” Well, guess what – no nonprofit is an island, either. In this episode, we’re talking about the different ways people try to hack the board of directors and hoard all the control over the organization for themselves. Spoiler alert – it doesn’t turn out too well. Tune in to this episode to hear about what can happen when people treat nonprofits like their own tax-deductible dictatorships.

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No one gets into nonprofit work because they LOVE all the paperwork, but that doesn’t mean you’re exempt from doing it (sorry!). There are some core documents that every nonprofit needs to keep up with – especially when you’re growing and evolving. So think about it – do you know where your articles and bylaws are? AND what they say? Tune in to learn why this is so important!

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Nonprofits need to have a board - but how is that board supposed to make decisions? Today, we're getting into your board questions, all about redonk quorums, bureaucratic nightmares, and absentee board members. You don't want to miss this one! * Join me on Facebook * Subscribe to my Newsletter

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Tis the season for… Giving Tuesday! The Tuesday after Thanksgiving, every nonprofit you’ve ever thought about will be contacting you about giving to their Giving Tuesday campaign. But should they? We’re bringing our episode with Ephraim Gopin of 1832 Communications to cover the good, bad, and ugly about Giving Tuesday and year-end giving. Tune in!!

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We’ve got a vocab lesson for you today – what’s the difference between a nonprofit chapter and a nonprofit affiliate? I don't blame you if you don't know - most people use those words interchangeably! How can you tell the difference, and why does it matter? In this episode, Meghan and I break it all this down and more, all in pursuit of the big question – should you stay a chapter or not? Don’t miss this episode!

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Hang tight – we’re going alllll the way back to our very first episode for this special Halloween celebration! Jordan Couch, lawyer from Tacoma and friend of the pod, came on to answer some ~spooky~ nonprofit questions and brainstorm Halloween puns. Are you haunted by unfinished business at your nonprofit? Spooked about witchy board members? Don’t miss this one!

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We’re reviving a fan favorite for this episode, so roll up your sleeves and dust off that old book of parliamentary procedures. Do nonprofits legally need to follow Robert’s Rules of Order in their board meetings? That’s a quick answer – NO. Tune into this episode to hear all the ways Robert’s Rules can get in the way of your governance.

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When you think about fundraising, lots of us think about DOLLARS. It’s all about raising that revenue, dollar by dollar, right? But what if we changed the way we think about fundraising altogether? This week’s guest, Noah Gerding, fundraiser extraordinaire, breaks down how the best way to increase those dollars is to focus instead on the relationships. Tune to hear about what you should do to reliably raise revenues and how to track what REALLY matters!

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When you think about fundraising, lots of us think about DOLLARS. It’s all about raising that revenue, dollar by dollar, right? But what if we changed the way we think about fundraising altogether? This week’s guest, Noah Gerding, fundraiser extraordinaire, breaks down how the best way to increase those dollars is to focus instead on the relationships. Tune to hear about what you should do to reliably raise revenues and how to track what REALLY matters!

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No matter what kind of nonprofit you run, it all depends on the people. Board, staff, volunteers, program participants, partners – it’s humans involved that make the mission delivery happen. But where humans are involved, drama follows! What happens when the folks involved in the nonprofit do bad things? What do you do when you uncover fraud, prior convictions, assault, or other unsavory things in your community? And how do make sure the organization weathers the storm? Don’t miss this episode!

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No matter what kind of nonprofit you run, it all depends on the people. Board, staff, volunteers, program participants, partners – it’s humans involved that make the mission delivery happen. But where humans are involved, drama follows! What happens when the folks involved in the nonprofit do bad things? What do you do when you uncover fraud, prior convictions, assault, or other unsavory things in your community? And how do make sure the organization weathers the storm? Don’t miss this episode!

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There are several different topics in the nonprofit sector that can reliably kick up some drama, and today we’re talking about a big one – executive compensation. How much money should a nonprofit leader be paid? How much is too much, or too little? And what the heck is a “rebuttable presumption of reasonableness”??? Tune into this episode for some mild rants and lots of good info about paying your people.

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There are several different topics in the nonprofit sector that can reliably kick up some drama, and today we’re talking about a big one – executive compensation. How much money should a nonprofit leader be paid? How much is too much, or too little? And what the heck is a “rebuttable presumption of reasonableness”??? Tune into this episode for some mild rants and lots of good info about paying your people.

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Shutting down a nonprofit organization is a whole messy process – from the legal requirements to the emotional impact, there’s a lot to consider. Meghan and I teamed up for this episode to answer your questions about nonprofit dissolution. When do you know it’s time to dissolve? What happens if you actually accomplish your mission? What do you do with leftover money? Tune in, and let’s get existential!

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Social media for nonprofits – is it a huge opportunity, or just another task to add to your growing to-do list? I invited nonprofit social media consultant Julia Campbell to join me on this episode to talk all things social. Do you NEED an account on every single platform? What’s the difference between a social platform being active versus actually effective? How can you leverage a big audience online? You won’t want to miss this!

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If your nonprofit has voting members, that means your members have REAL LEGAL standing and rights. So, what happens when things go sideways with a voting member? Membership association expert and CEO of Management HQ Dara Rudick joined me to answer all your thorny member questions! Can you remove a member from the nonprofit? What happens when the entire membership is divided into two warring factions? Tune in to find out!

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Fundraising – every nonprofit needs to do it, but not everyone knows how to do it. That’s why Simon Scriver from Fundraising Everywhere and Everywhere+ joined me for this episode! We answer nonprofit questions about virtual events, whether “everyone is a fundraiser,” and how to change the perception of fundraisers in the sector. And I cannot make any promises about bears!

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Lots of people assume that because nonprofits do good work, they must be a GREAT place to work. But here’s the thing – the nonprofit sector is far from perfect, and there are unique issues that can tank a nonprofit’s culture. Rickesh Lakhani, ED of Future Possibilities for Kids, helps me tackle listener questions about how to cope with a bad culture at your nonprofit workplace.

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We’re all focused on the goals and dollars when it comes to fundraising, but what about the paperwork? That’s why I invited Warren Harmon from URS Compliance to join me on this episode. Warren helps nonprofits get compliant when fundraising, no matter what state they’re in. What do you need to know when you add that “Donate Now” button to your website? What do you do when you forget to file your renewals? How many states do you actually need a license to fundraise in? Tune in to learn more!

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  • Check out state charitable registration requirements

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Let’s be real - the IRS basically has its own language. I mean, even attorneys and CPAs find it confusing! Eve Borenstein, my hero and Queen of the 990, joins me on this episode to help us normal folks understand what we really need to know about the IRS. You may be thinking the IRS is boring….TRUST ME! Eve is the only person who can make it fun! Tune in to find out why the 990 is your best PR tool, what do you do when get mistaken penalty letters from IRS, what the public support test means, and more.

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  • Contact the IRS about an erroneous revocation

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It’s April and we’re in the thick of another 990 season – meaning the IRS wants to know how you’re spending your funds! We’re reviving this episode to answer your burning questions about 990s. What do you do if you find out you’ve been doing your 990s wrong? Or even worse, not doing them at all? Tune in to find out! * Join me on Facebook * Subscribe to my Newsletter

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I think most of us can agree (hopefully) that communication solves most problems. Right? Whether you’re a new or a seasoned Executive Director, communication with your board is KEY. Kris Kewitsch from Charities Review Council joins me on this episode to drop some nuggets of wisdom about having a great relationship with your board. Tune in to find out what do you do when the board isn’t engaged (or is too engaged!),how often you should be meeting with your board, and more!

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Employee fundraising can be great, but boy oh boy, it can also go VERY wrong. My Twitter buddy Clay Buck from TCB Fundraising joins me on this episode to unpack the beef we have with some employee giving programs. Are you doing this ethically? Do your employees actually want to participate in these programs, or does it feel coerced? Are your programs aligning with your values? This one’s a doozy – you don’t to miss it!

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Anyone who has been a part of fundraising for Nonprofits knows it’s all about building relationships – not just the all-mighty dollar. That’s why I invited Ephraim Gopin from 1832 Communications back on the pod to share his thoughts on #GivingTuesday and what kind of nonprofit fundraising is actually right for you! How do you start fundraising before you get your 501c3 status? What happens when money doesn’t magically fall from the sky? Plus, he shares some giving statistics surrounding the holidays that you’re gonna want to know right now so you can set yourself up well to crush it this year. Tune in to learn more!

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Anyone who deals with nonprofit fundraising has probably been to WAY too many galas and golf tournaments. That’s why I invited Alicia Baraga from Ripple Event Marketing to chat with me all about nonprofit fundraising and events!

How do you create fun nonprofit fundraising events that people will want to attend year after year? How do you get sponsors for your nonprofit fundraising event? Plus, she shares her secret to every successful fundraising event. Tune in to learn more!

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Related: [PODCAST] Nonprofit Marketing the Joyful Way with Ephraim Gopin

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We loved our last episode with Amy Arcand from Willow Consulting so much, we asked her to come back! Problems with nonprofits happen. When nonprofits grow and change, it’s inevitable that you’re going to hit some roadblocks. In this episode, Amy and I answer questions about problems with nonprofits. And some of them are downright messy!

How to clean up the mess an old staff member made, what to do when your board is burnt out, and how to plan for inevitable turnover in your organization. Tune in to learn more about how to handle some of these messy problems with nonprofits!

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Related: [PODCAST] "I Have a Nonprofit" Problems

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Everyone has that one person in their life who just keeps talking about cryptocurrency, right? But it’s not just for the tech and finance people anymore. In this episode, my BFF Paul and I talk all about bitcoin for nonprofits. What it is, how to buy it, and how to leverage Bitcoin for your mission! Don’t worry about your eyes glazing over – I promise we don’t get too technical.

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Related: [PODCAST] Magical Consulting Dust

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What’s the secret to successful nonprofit fundraising? According to my guest Clay Buck of TCB Fundraising, it’s ALL about data and systems. You can’t know where you’re going with your nonprofit fundraising if you don’t know where you’ve been, right? Clay and I talk about everything from the nonprofit scarcity mindset to the real difference between nonprofit fundraising and sales. Tune in to step up your fundraising game!

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Related: Top Tip Successful Nonprofit Fundraising

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We’re entering 2022 and closing in on two full years of our pandemic reality – meaning that nonprofits are still making big decisions about how to keep afloat and serve their communities while handling nonprofit crisis after nonprofit crisis. That’s why we’re pulling this episode out of the backlist, where Meghan and I talk all about making the hard changes in times of crisis.

What happens when your community disagrees with the way you’ve handled things? Can you just wait it out til everything returns to “normal?” Tune in to this conversation to hear my thoughts.

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Related: [PODCAST] The Nonprofit Crisis Survival Guide

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Nonprofit organizations are not static, stagnant organizations. They grow and change over time (and that's usually a good thing!).

What happens when you grow a little past the original vision for the nonprofit organization? How do make sure you stay compliant and do things right, even when you're doing something radically different or new? And when can change become a bad thing? Tune in to hear Meghan and I talk about exempt purposes, mission drift, governance updates, and more!

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Related: [PODCAST] Nonprofit Mission Mission Statement: The Mission Is Your North Star

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We're pulling this episode out of our backlist for your holiday weekend listening! Jason Viana, Executive Director of the Open Door, joins us to answer another batch of nonprofit questions! What rules do you need to follow if you're starting a food shelf? How can executive directors manage their mental health while running a nonprofit? What do you get by being a registered agent of an organization? (Hint – a whole lotta junk mail). Listen in to learn more!

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Related: Starting a Nonprofit Organization: Asking the Right Questions

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All right, folks, we got a little bit snarky on this one… Today Meghan and I are tackling the toxic mentality in the nonprofit sector that we must take a vow of poverty to do this work.

We're talking about executive compensation, pro bono services, and when it makes sense to invest real money in the mission.

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Related: Can a Founder of a Nonprofit Make a Salary?

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There are lots of differences between nonprofits and for-profits, and today we're talking about a BIG one – accountability. If you own a small business, most people don't care how much money your CEO makes or how many customers you had last year. But in the nonprofit sector, there's a lot more information we need to share publicly. Tune in to this episode to hear me and Meghan tackling your questions about transparency, from what should be on your website to how to respond to donor questions. Don't miss out!

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To a lot of nonprofits folks, being accused of having a conflict of interest seems like the worst thing ever. But is it really? Introducing, the Conflicts Investigation Unit!! Meghan and I sit down to answer your nonprofit conflict of interest questions: What is a conflict? How do you manage the conflicts that do come up? And what happens when you don't even try to manage a huge and obvious conflict? Tune in to find out!

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If you call a nonprofit staff member a 1099 contractor, does that make them a contractor? (Spoiler alert – not necessarily!) In this episode, I'm joined by insurance broker Tom Wertish of Options Insurance to talk about employees, contractors, Worker's Comp, and other nonprofit insurance questions. Tune in to learn more! * Check out the MN Attorney General guidance on 1099 vs W2 and the IRS test form to determine if your nonprofit staff are contractors or employees. * Join me on Facebook! * Subscribe to my newsletter!

Related: I Just Started a Nonprofit. What About Insurance?

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In the nonprofit world, you see "501(c)(3)" all over the place. But what does that really mean (or not mean)? In this episode, Meghan and I talk through some questions all about IRS tax exemption. Can one organization have multiple tax exempt statuses? What happens if you lose your status? Tune in to find out!

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Your nonprofit's mission is only as strong as your ability to share it. So how do you tell your story in a way that inspires people to engage, give, and share your mission? I'm joined by Emmy-winning video creator and creative strategist Erica Hanna to answer that very question! Tune in to the learn the secret to strong storytelling and how make videos that just don't stink.

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A board member regularly makes flirty comments to the executive director – does this count as sexual harassment? The board decides to let go an independent contractor due to a program closure, but they're accusing the nonprofit of racial discrimination. The board wants to ask their employees to "volunteer" for other responsibilities – is that legal? Sometimes the answers to these questions are not cut and dried. Lawyer Zaylore Stout joins me for this episode to dig into a bunch of listener questions about the gray areas in employment law for nonprofits. You won't to miss it!

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There's a large and thriving part of the nonprofit sector made up of arts organizations – but not every arts org can or should be a nonprofit. So, what's the difference really? And if nonprofit isn't the right fit, how are you supposed to get funding then?? Andy Sturdevant, the Artist Resources Director at Springboard for the Arts, joins me to answer these questions and more!

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As the world slowly (or quickly) re-opens this summer, tons of nonprofits are left wondering what their post-pandemic offices and operations will look like. That's why I asked my friend and business law attorney Inti Martínez-Alemán of Ceiba Fôrte Law Firm to join me and answer some of the big re-opening questions. Can you require your employees to be vaccinated? Who does HIPAA apply to anyway? How can you make sure you won't get sued if someone catches Covid? Tune in to find out!

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Ephraim Gopin of 1832 Communications is a nonprofit marketing whiz, and he joined me in this episode to answer our listeners' burning questions. Should nonprofits have an employee giving program? How can you convince an old organization to modernize? What's really the difference between marketing and fundraising?

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Lots of nonprofits had to change up their operations during in the past year – but how do you know what changes to make? My guest Maria Huntley, Executive Director of Minnesota Academy of Family Physicians, says that no matter what you decide, you first need to go back to your mission. In this episode, Maria and I put on our creative hats to answer listener questions about how to make big decisions for their nonprofits.

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We all saw the news not too long ago that Bill and Melinda Gates are getting a divorce – but what does that mean for the Bill & Melinda Gates Foundation? In this episode, we dive into the world of family foundations and answer the most common questions I've been hearing. Will the nonprofit be divided up in the divorce? What happens to the funding when the Gates aren't a family anymore? Tune in to find out! This episode is inspired by my interview with Nick Rishwain of Experts.com Check out the full article/interview at https://experts-blog.com/2021/05/11/bill-melinda-gates-foundation-divorce-impact-nonprofit/.

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This week we're covering the dreaded nonprofit disease – founders syndrome, aka founderitis. Nonprofit expert Reid Zimmerman joins me to answer listener questions about what it is and how you can fix it if your nonprofit has already infected. Tune in to learn more!

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All nonprofits, no matter their size or mission, need to think about fundraising. Where's all the money going to come from to continue to power your mission? In this episode, Ellen Bristol, fundraising expert from Bristol Strategy Group, joins me to answer listener questions about the right way to approach fundraising. Here's a hint for you – it's not just about searching up foundations to ask for money!

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Where there are people, there are people problems. And in voting member nonprofits, you've got a lot of people. So in this episode, we tackle listener questions about members and the issues that can come from the voting membership. What do you do when you have one member that causes a ruckus? Or what if you want to get rid of your voting members? Tune in to find out!

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April showers bring… May tax returns. That doesn't quite have the same ring to it, huh? But it's true – we're coming up on tax season! So while nonprofits rush to prepare their Form 990s, I'm answering listener questions about them. What do you do if a donor accuses you of filling out the 990 wrong? Or, what happens if you (or your CPA) drops the ball and files nothing at all? Tune in to find out!

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  When you're running a nonprofit, you're tasked with making the RIGHT decisions for the organization – even in the face of unexpected challenges (hello, global pandemic!). There's no one-size-fits-all approach to deal with a crisis, so making those decisions is tough. In today's episode, we're answering questions from folks making some big, unplanned changes for their organization.
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Lots of nonprofit boards use Robert's Rules to run their board meetings – but should they? Robert's Rules is a parliamentary procedure that's meant to keep things orderly and make it easier to make group decisions. But sometimes, the rules make things harder, not easier. Tune in to this episode to hear some listener questions about what to do when Robert's Rules go off the rails.

Go to www.birkenlaw.com/board-survival to get a copy of my Nonprofit Board Meeting Survival Guide.

Check out this resource from Guidestar about an alternative to Robert's Rules: https://trust.guidestar.org/going-for-consensus-not-roberts-rules.

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Nonprofit dissolution is a difficult decision, no matter your mission. But once you make that decision, do you really know what it means to dissolve your nonprofit? Today, we answer the big questions from listeners in that exact situation: How do you know when it's time to call it a day and close down? And when it is time to close, what steps do you have to take? Tune in to find out! * Join me on Facebook * Subscribe to my newsletter * Check out my DIY Nonprofit Dissolution course

Related: Treat Your Nonprofit Idea Like Your Wedding

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Not everyone who works in nonprofits is an expert in handling nonprofit funds - and that's okay! If you're getting a gut feeling that something just isn't right (or maybe your nonprofit treasurer is...), you should listen. This episode is a throwback to March of 2020 when hosts Jess and Meghan were joined by Jim Hall to talk through some tricky nonprofit questions.

  • What happens to leftover money when a nonprofit organization closes its doors?
  • What happens when you have a funder that's making things difficult?
  • Are nonprofit organizations allowed to give money to for-profits?

Listen in to get the answers to these questions and more!

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Nonprofits are only as good as the people who run them. So what happens if you can't find talented, dedicated people? Or if the awesome people you find keep leaving? Jason Viana, Executive Director of The Open Door, joins me for this conversation about finding, and keeping, great employees.

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It's the end of a tough year, and nonprofits have been hit hard. Year-end giving is more important than ever. But how do you know who is a good charity to give to? Tune into this episode, revived from 2019, to find out the best (and worst!) ways to decide who deserves your donation.

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Charles McDonald, Executive Director of Community Engagement Partners, joins us for another round of listener questions! If you lose your tax exempt status, can you just switch to a for-profit? Or, how open do nonprofits have to be about who is on their board of directors? Can you hire employees...but not pay them? Get the answers to these questions and more in this week's episode!

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  • Check out Founder's Roadmap online course

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Are your nonprofit board meetings productive as they can be? Or do you walk away feeling like you wasted time and didn't get much done? It doesn't have to be that way! Matt Homann from Filament joined me to answer some burning nonprofit questions about how to hold a better meeting. Get Matt's meeting planning tool here.

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Nonprofit founders are visionaries - they have a clear picture of how they can make a difference in their community. But breaking down that vision to the nitty-gritty details for your IRS application's narrative statement can be tough. Tommy Hoffman, founder of Sober Farms, was in this exact spot. He knew what he wanted to do, but he wasn't sure how to communicate that to the IRS. Listen to our conversation to learn how any founder can drill down to the details and create a winning narrative statement!

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Here's a Halloween trick: we're going back in time ONE YEAR to our very first episode of Charity Therapy! Jordan Couch, lawyer from Tacoma and friend of the pod, joined me to answer nonprofit questions. Are you haunted by unfinished business at your nonprofit? Spooked about witchy board members? Don't worry ghouls & goblins, we have advice to avoid being haunted by nonprofit leadership skeletons!

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It's easy to find ways that new nonprofit founders can go wrong. But we don't often hear the stories of founders that do things right. I sat down with Heidi Semann, the founder and executive director of Parotid Patient Project, to talk about her journey to starting and running a nonprofit. Listen in to learn from Heidi's hard work and dedication and how she found the community to make this new organization successful.

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Lots of people assume that folks who work in nonprofits have good intentions. While that's true most of the time, there are people who want to scam the system in EVERY industry. Our intern Chloe joins us for another round of nonprofit questions, like: Can you set up a nonprofit to pay for your own art? Or can you use a nonprofit's tax exemption to buy a house? Listen and find out!

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Join us for an episode with Kelly Rietow, HR Consultant at ROO Solutions, as we discuss people problems that nonprofits can face. What do you do if your boss is crossing boundaries during work? How can we prioritize paying nonprofit employees a living wage, and what are the challenges with that? Listen in and find out!

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How do you keep your donors engaged and invested in your mission? Matt Barnett of Bonjoro sat down with me to talk about the future of donor engagement - personalized video. Listen in to find out how personalized videos can set you apart from other orgs and help create donors that are superfans of your nonprofit.

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Jess and Meghan are joined with Jason Viana, Executive Director of the Open Door, in answering another batch of nonprofit questions found on the internet. What can you do to reanimate a nonprofit that's been lying dormant? How can you raise money for your organization during a pandemic? How can founders manage their mental health while running a nonprofit? Listen in and find out!

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How often do people's childhood dreams become reality? Considering how few astronauts there are in the world, I'd say it's pretty rare. But Therese Gruba made it happen. Therese is the co-founder of New Hope for Families, a faith-based nonprofit in northern Minnesota that supports foster families, and she sat down with me to talk through her journey of making her dream a reality.

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If you're a nonprofit leader in 2020, you're probably taking another look at the org's diversity, equity, and inclusion efforts. It might be tempting to just add a diversity goal to your next strategic plan and call it a day - but that doesn't address the real problem. My guest Reid Zimmerman sat down with me to discuss one of the secret causes for the lack of diversity in nonprofit organizations.

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Jess and Meghan are joined again by Jim Hall to answer another round of nonprofit questions taken from the hallowed halls of Reddit. Is it illegal to break Roberts Rules at a board meeting? Is there a secret way to start a new nonprofit - without all the annual reporting? Can you stop someone from copying your nonprofit idea? Listen in to find out!

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If one word encapsulates 2020, I'd have to say it's uncertainty. Between a global pandemic, the reignited fight against police brutality and racism, a looming recession, and an upcoming presidential election, no one knows what 2021 will look like. That kind of uncertainty infects every aspect of your decision-making, in your life and in your work. I sat down with economist and statistician Shefali Mehta to talk about what that uncertainty does to your brain and how you (and your nonprofit) can grow through it.

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  It's spring 2020, and everyone is feeling a little vulnerable to being taken advantage of. Whether you're a donor or a nonprofit, how can you trust those around you? Are your donation dollars actually going to charity? Are your organizational partners really in this to pursue your mission? I sat down with my friend and ethics attorney Eric Cooperstein to talk about two lawyer-nonprofit scandals you can learn from.
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Nonprofits tend to be pretty risk-averse. I mean, failing could mean losing donor confidence, right? But on the other hand, how can we expect to pursue our missions without trying new things? I sat down with Antonio Cardona from Pillsbury United Communities to talk about how nonprofits can take certain risks today to make a lasting difference in their communities.

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Missed out on the SBA disaster loans because they ran out of money? They're baaack! Congress funded more disaster relief again. In this episode small business accounting guru Dana DeZiel answers questions like Who can apply? Is your nonprofit eligible? Why would you NOT want to get one? Where can you apply? Find Dana https://www.supportingstrategies.com/bio-dana-deziel. Check out DivvyPay mentioned www.getdivvy.com Find me @JessBirken or head over to my website at www.birkenlaw.com

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With the coronavirus pandemic, things are changing every single day. It's easy to miss out on some of the updates. So, I called my friend and colleague Chad Staul to come and talk about the new paid leave laws that go into effect today. Every small business, nonprofit or for-profit, with less than 500 employees should tune in - this affects you!

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As schools are called off for the rest of the year, toilet paper flies off the shelves, and shelter-in-place orders are announced, anxieties are high. Everyone is worried about money, jobs, health, and how to stay sane in the coming weeks. So, as a leader at a small nonprofit, how are you supposed to make decisions for the organization? Meghan and Jess meet up (virtually) to chat about how to get your mind right and steer the nonprofit forward.

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Is common sense enough to run a successful nonprofit? Spoiler alert: NO! That being said, a good dose of common sense certainly helps. In this episode, your hosts Jess and Meghan are joined by Jim Hall to talk through some thorny nonprofit questions, ranging from what happens when an org goes under to how to deal with tricky funders. Listen in and see whether your nonprofit common sense is up to snuff!

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It's easy for nonprofits to fall into the habit of doing things just because that's "how they've always been done." But sometimes you have to disrupt the status quo to make new progress toward your mission. I sat down with Maria Huntley, ED of the Minnesota Academy of Family Physicians, to talk about how one big change can make all the difference.

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Running a nonprofit is no easy task. Thankfully, there are TONS of resources out there if you just know where to look. I sat down with Kris Kewitsch of the Charities Review Council to talk about what holds nonprofits back and how the Council's Accountability Standards can help YOU level up your nonprofit.

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What do you do with a starry eyed young person who thinks they can go to law school and change the world? You let them interview you and tell them the long and winding road to working with nonprofits and government. It ain't easy! I had the random chance to interview Katlyn, who is hell bent on making a difference - who am I to stop her? But hopefully if you've ever thought "I'll go to law school and work with nonprofits! Yay!" then you'll give this episode a listen.

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Guest Amy Arcand of Willow Consulting joins your host Jess Birken to talk about what happens with people stop being polite and start getting real (LOL - you may be too young to get that joke) about firing their ED. How do you survive the aftermath? Amy is an expert Interm Executive Director and shares her story and her advice for nonprofit orgs going through an exec transition.

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Charitable giving is on the decline - big time. Studies now show that only 53% of Americans donate to charity. What does this mean and what do nonprofits need to focus on for the future? Are donations doomed? I talk with Steve Boland of Next In Nonprofits to find out his take.

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When is it time to give up and admit that it's just not working. In this episode Jess and the Birken Law team talk about giving up the ghost on a failed nonprofit; boards that throw in the towel; terminating problem members; an ED that needs to stop using her personal bank account; and, whether you should kill your volunteer program.

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It's holiday time - the season for turkey, big retail deals and...charity donations! How do YOU decide who to give to? Does facebook tell you which nonprofits are naughty and nice?

In this episode we talk about how nonprofits that succeed are often under fire from unfriendly elves. Be a seasonal smarty and listen to this one!

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  We get started, introduce ourselves and do a riff on a few posted nonprofit questions. Like: what if you start a charity just to flip real estate? What's the most insane donor database management method, and we hear from a nonprofit worried about taking donations from politicians.

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  Jordan Couch joins for this very spooky special episode. We answer listener nonprofit questions. Should your nonprofit buy a hearse for the local goblin elementary? What to do when your new nonprofit becomes a zombie corporation? Plus, advice to avoid being haunted by nonprofit leadership skeletons!
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