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Nonprofit Law/lack of treasurer, bookkeeper. audits


I am A member of the board of a humane society since May 2013.We have not had a treasurer,bookkeeper or accountant for the past year. Our last treasurer quit a year ago. We have not had an audit in 3 years. As you can imagine no one will volunteer to be treasurer. when I called the firm myself to ask why we have not had an audit he said it was because our shelter mgr. could not find the materials/records needed. Im concerned of course but seem to be alone & any time I disagree with the way business is being conducted at the shelter I m being excluded from their discussions.We are located in N.Y. state.Is the board acting illegally? What should I do? Thank you for any input.

There are new laws coming into effect in New York that may apply to your organization depending upon its annual budget and number of employees, and that new law, for larger organizations, will require audits filed.  If your organization does not come under the new provisions, the board is still responsible for the organization and, if there is anything that is illegal going on, the organization can sue them for malfeasance.

Harvey Mechanic, Attorney at Law -
Member of New York Bar

PS. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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