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In a non-profit corporation, the "agency problem" is even more difficult than in the for-profit sector, because the management of a non-profit is not even theoretically subject to removal by the charitable beneficiaries. The board of directors of most charities is self-perpetuating, with new members chosen by vote of the existing members.
This limiting of the powers is crucial to obtaining tax exempt status with the IRS and then on the state level. [12] Organizations acquire 501(c)(3) tax exemption by filing IRS Form 1023 . [ 13 ] As of 2006 [update] , the form must be accompanied by an $850 filing fee if the yearly gross receipts for the organization are expected to average ...
A 501(c) organization is a nonprofit organization in the federal law of the United States according to Internal Revenue Code (26 U.S.C. § 501(m)). Such organizations are exempt from some federal income taxes. Sections 503 through 505 set out the requirements for obtaining such exemptions.
The board of directors has ultimate control over the organization, but typically an executive director is hired. In some cases, the board is elected by a membership, but commonly, the board of directors is self-perpetuating. In these 'board-only' organizations, board members nominate new members and vote on their fellow directors' nominations. [38]
Georgia: The board of directors of BIDs are all elected, but local governments collect the assessment. [15] New Jersey: The managing organization is typically a nonprofit and boards are not elected. The local government can then levy the tax assessment. [15]
Surveys have indicated that about 20% of nonprofit foundations pay their board members, [57] and 2% of American nonprofit organizations do. [58] [59] 80% of nonprofit organizations require board members to personally contribute to the organization. [60] [61] As of 2007, this percentage had increased in recent years. [timeframe?] [62] [63] [64]
The Court found that Board members are inferior officers not required to be appointed by the President, and that the President retains sufficient control of the board via the SEC that the board does not violate the separation of powers clause. [16] The United States Supreme Court granted certiorari on May 18, 2009, to consider three questions:
A mutual-benefit nonprofit corporation or membership corporation, in the United States, is a type of nonprofit corporation chartered by a state government that exists to serve its members in ways other than obtaining and distributing profits to them. Therefore, it cannot obtain IRS 501(c)(3) non-profit status as a charitable organization. [4] [5]