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Inside Internal Controls

News and discussion on implementing risk management

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Non-profit members and directors must adhere to corporate statutes and by-laws

The relationship between non-profit members and directors is sometimes akin to the relationship between parents and their newly-licensed teen-aged drivers. The key to the family car grants the teenager new freedoms, but sometimes, a parent’s only option is to reclaim the key. Members elect or appoint directors, delegating to them the power to manage the corporation. Corporate statutes and by-laws restrict the ability of members to participate in the management of the corporation once the directors hold the reins. Often, the only way for members to effect changes that the board opposes, is to reclaim the reins, by removing existing directors and appointing more amenable ones. http://canlii.ca/t/gh81g” target=”_blank”>Vaughan Community Health Centre Corporation v Annibale (2015 ONSC 2559 (CanLII)), recently examined the roles of members and directors, and the importance of adhering to corporate by-laws and statutes.

 

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Donation tax rules: Now things are getting ridiculous

People always complain about the tax laws being way too complex but you know things are bad when even the tax lawyers are losing track of the most fundamental elements of the law. And what could be a more fundamental element of income tax then knowing the right percentage to apply to a given transaction […]

 

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Maintain direction and control of charitable resources, or lose charity status

According to the Canada Revenue Agency (CRA), one of its main reasons for revoking a charity’s registration is the charity’s failure to devote its resources to its charitable activities. A recent Federal Court of Appeal case provides a refresher on what this requirement entails when a charity uses an agent or other intermediary.

 

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What is the CRA policy on political advocacy activities carried out by registered charities?

Registered charities have special concerns when it comes to the legal and administrative application of the Income Tax Act. To maintain charitable status under the Act, a charity must devote substantially all of its resources to charitable purposes and activities—and avoid excessive political activity…

 

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Canadian charity law checklist features compliance issues

Charity and non-profit lawyer Mark Blumberg offers a compliance checklist for Canadian charities via the GlobalPhilanthropy.ca charity assistance project.

 

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Voluntary disclosure and non-profit organizations

If you operate an incorporated not-for-profit organization, you must file a tax return every year, unless your org is a registered charity. If you fail to file a return, you could be on the hook for a big past tax judgment.

 

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