• 124: Oxford Comma Drama | The Role of a Nonprofit Board of Directors
    Oct 31 2024

    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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    16 mins
  • 123: Take Off Those Donor Goggles | What to Do When Your IRS 1023 Application is Pending
    Oct 17 2024

    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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    16 mins
  • 122: Legal Mumbo Jumbo | How to Open a Bank Account for a Nonprofit Chapter
    Oct 3 2024

    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

    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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    13 mins
  • 121: You’re not a (Dill Pickle) Lemonade Stand | Founders’ Rights in Nonprofit Organizations
    Sep 19 2024

    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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    14 mins
  • 120: Reanimating the Zombie | How to Restart a Dissolved Nonprofit Organization
    Sep 5 2024

    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

    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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    19 mins
  • 119: How Do You Say Shower?! | Understanding DBAs and Assumed Names for Nonprofits
    Aug 22 2024

    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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    13 mins
  • 118: Playing Fairy Godmother | Choosing a Successor Organization in a Nonprofit Dissolution
    Aug 8 2024

    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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    15 mins
  • 117: Free Therapy for Wallabies | Political Activity for c3 Nonprofits & the Heritage Foundation
    Jul 25 2024

    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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    21 mins