Need to know: Charities
Registration, Annual Filing, and Rules for NYC Charities & their Board Members
Mark Peters & Lesley Brovner
October 31, 2022
There are more than 100,000 charities operating in New York State and they range in size and mission quite dramatically. They are mostly, in one way or another, governed by New York State’s lengthy and detailed Not for Profit Corporation Law. They are also regulated by the New York State Attorney General and must register with and make annual filings to the AG.
It is important for charities, their senior staffs, and their boards of directors to be familiar with these rules and registration requirements. Even charities that are otherwise well run and faithful to their charitable mission can get caught up by a failure to register or otherwise follow these rules with drastic negative consequences.
Some of the most important of these rules are below.
What’s the Difference Between Sexual Harassment and Sexual Assault?
Lesley Brovner & Mark Peters
August 23, 2022
Sexual Harassment and Sexual Assault are two broad categories of Sexual Misconduct that are illegal under City, State and federal Law.
Defining Sexual Assault
In New York State, criminal sexual assault is covered by Sections 130 of the Penal Code, which includes a variety of crimes covering various sexual acts, such as:
Internal Investigations: When do You Need One and What Should You do to Prepare?
Lesley Brovner & Mark Peters
June 23, 2022
In the current business environment, the way in which companies investigate potential misconduct can affect that company’s reputation almost as much as the alleged conduct itself. Moreover, without understanding the full scope of the misconduct it is impossible to reckon with the issues that occurred, create a compliance program and prevent future problems.
Below are a number of issues that you should consider before undertaking an internal investigation.
Employee Handbook – need to know
Lesley Brovner & Mark Peters
May 12, 2022
As the workplace becomes more complicated and there is an increase in workplace related litigation, having an up to date and thorough employee handbook becomes increasingly important. A well drafted employee handbook can introduce employees to the corporate culture, mission and values; set expectations; increase compliance with federal and state laws; and help defend against employee claims.
New York State Senate Passed Adult Survivor Act – Status Update
Lesley Brovner & Mark Peters
April 27, 2022
Latest New York State Senate Action on Adult Survivor Act
On April 26, 2022, the New York State Senate took a crucial step towards vindicating the rights of survivors of sexual assault by passing the Adult Survivors Act (S66A).
Duty To Report Employee Misconduct
Lesley Brovner & Mark Peters
April 21, 2022
Under what circumstances must an employer report the misconduct of an employee?
There are a number of circumstances in which an employer must or should report the conduct of an employee. For example:
New York State’s Adult Survivors Act
Lesley Brovner & Mark Peters
March 29, 2022
What is the Adult Survivors Act?
The Adult Survivors Act (ASA), if enacted, would be a landmark law that would create a lookback period allowing the adult victims of sexual assault and abuse, whose claims are now time barred, to pursue those claims in court.
New York State’s Sexual Abuse Lookback Statutes
Lesley Brovner & Mark Peters
March 1, 2022
1. What is the New York Child Victims Act (CVA)?
In February 2019, New York State passed a “lookback window,” the Child Victims Act (CVA), extending the statute of limitations for survivors of child sexual abuse in criminal and civil cases in New York.
What To Do When You Get A Subpoena
Lesley Brovner & Mark Peters
February 17, 2022
How do law enforcement agencies request information?
There are multiple ways that a state attorney general, U.S. Attorney’s Office or other law enforcement agency can request information: a simple letter request; a civil subpoena; or a grand jury subpoena. The method chosen is a first clue as to the investigation’s status and the severity of any potential charges. A letter request generally means the investigation is at a very early stage and the recipient of the letter is not likely yet a target.
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What should I know before joining the Board of a Not-for-Profit in New York?
Lesley Brovner & Mark Peters
January 24, 2022
1. Make sure the organization has been properly set up and incorporated:
• Have articles of incorporation have been filed with the Secretary of State
• Have necessary filings been made with the NYS Attorney General’s Charities Bureau?
• Does the organization have suitable bylaws?
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