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Inside Internal Controls

News and discussion on implementing risk management

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Cause marketing – much more than a sponsorship opportunity

You’ve seen the pink ribbon, the Coca-cola polar bears, and the Project Red Starbucks cards. You might have even worn the infamous yellow Livestrong bracelet at one point. Cause marketing is more prevalent than ever before, as more for-profit businesses see the benefits of partnering with nonprofit organizations for mutual benefit and consumers seek brands that do good, in addition to doing well. Cause marketing has become much more than a sponsorship opportunity, as it once was. Today, cause marketing is based on long term relationships and alignment with core business values.

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A fiduciary obligation does not (necessarily) a fiduciary make

Regular readers may recall the article we wrote on the topic of officer liability. There we commented on circumstances in which officers of corporations under the Canada Not-for-profit Corporations Act (CNCA) (whether continued to it or incorporated there) will be exposed to personal liability. Not long after that piece was written, an Executive Director of a corporation considering continuing to the CNCA who is an employee and not an officer in accordance with the corporation’s by-laws, asked us if she would owe a fiduciary duty to the corporation under the CNCA. On reflection, we concluded that the new officer provisions in the CNCA create a statutory framework wherein employees could be held liable for a breach of the same duties that are applicable to directors of those corporations. We left, for the moment, the question as to whether these duties were “fiduciary” or not.

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Why your organization needs a Tax Plan Implementation Review (TPIR)

Board members and senior management are quite familiar with compliance requirements for CEO and CFOs certification and the importance of maintaining strong internal controls over financial results. The certification process extends to internal controls over income taxes balances in the financial statements. For the majority of companies with a well-staffed tax department, monitoring controls remain the strongest control and most frequently used. Senior management is however, frequently unaware of the potentially material risk associated with tax plans implemented in the past; undergoing an annual TPIR assists in mitigating this risk to a manageable level.

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Ontario Not-for-profit Corporations Act delayed

I’ve lost count of the coming-into-force dates the government has set for the Ontario Not-for-profit Corporations Act to take effect, but this time at least it seems there’s a clear reason. The previous estimate for the law to come into force was July of this year; the new estimated date is “no earlier than” January 2014.

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The case of Rehteah Parsons – Why it should never have happened

So much has already been said by so many about this tragic story. A beautiful 17 year old taking her own life after being sexually assaulted, followed by sexually explicit cyberbullying.

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For millennials, there is no real separation between work and personal life

For millennials, there is no real separation between work and personal life. After all, much of the work they do is from home, from their smartphone or in the middle of the night. The mobility of millennials has shifted the typical nine to five job to a cloud-based, work-from-wherever career. Plus, the way millennials live is far different than their grandparents.

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Why every charity should consider incorporation

Before a group can be registered as a charity, there has to actually be some legal thing to register. This means that every charity faces the choice of which legal structure to use. A charity can be constituted as a trust, an unincorporated association, or a corporation.

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BYOD: you’re probably already doing it, but are you doing it smart?

By now, countless businesses have had to address some issue relating to an employee using her or his personal digital device for work purposes (“bring your own device” or BYOD). An employee wants to access the office wireless network on her laptop so she can work while away from her desk; another wants to store and view work documents on his tablet; another just wants to check her work email from her smartphone. These are just a few of the many ways workers are using personal digital devices to perform work-related tasks.

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