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Nonprofit Law/What am I allowed to view as a parent & not board member?

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QUESTION: Am I allowed to receive league rules, by laws, fundraising financial info, and board minutes, & be allowed to attend board meetings without being a member? I am a parent if 2 children that play for a nonprofit baseball/softball league.

ANSWER: If a nonprofit has received IRS exemption determination and files annual returns (Form 990) with the IRS it has an obligation to provide anyone with certain copies (like exemption application, which includes bylaws at that time and the annual Form 990 series filed). See FAQs About the Exempt Organization Public Disclosure Requirements
http://goo.gl/CjGc3

Indiana state law on Open Records and Open Meetings is available from the Reporter's Committee for Freedom of the Press at
http://www.rcfp.org/indiana-open-government-guide

specifically read at 1.B.4.a Open Records for "Nongovernmental bodies receiving public funds or benefits" and the sections B5-B7 nearby have the applicable discussion. If none of those apply to
the organization , then the state open records law does not apply to the organization and you would not have any legal right to obtain the documents you requested unless you are involved in a court action with the league (and you could then subpoena those).

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. 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.

---------- FOLLOW-UP ----------

QUESTION: They are listed as a 501 (3)(c) non profit

Answer
I believe you are referring to a 501(c)(3) organization (not a "501(3)(c)).  So, if the organization has received a determination letter from the IRS that it is exempt from federal income taxes, my original answer applies.

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. 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

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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 Harvey108@hotmail.com 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 "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

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.

Education/Credentials

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

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


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