Shopping

Donors and their advisors often consider creating and operating separate charities to accomplish important philanthropic goals. Is a new charity really necessary? If so, can it be viable? What form should it take? What is involved in running a successful charity? What problems should be anticipated? And what should be done when the charity fulfills its mission or runs into insurmountable obstacles?

This program is designed to provide all attendees a robust, multi-disciplinary examination of how the stages in the life of a charity relate to each other, the legal issues involved, and how and when to invite other advisors (business, management, real estate, employment, bankruptcy, etc.), into the process to help address issues and challenges. The program will engage Fellows ranging from the curious to those who are highly experienced in guiding and designing philanthropic organizations. It also will serve as a comprehensive refresher for those who advise clients who serve on charitable boards as well as Fellows who serve on boards themselves.

Session I - The Philanthropic Spark
An examination of the fundamental questions associated with the reasons a client wants to support particular charitable causes including:

• Factors that drive the impulse to give and create
• Advantages of channeling the “charitable impulse” by creatively utilizing existing structures and organizations
• When and how a client’s philanthropic goals will be best accomplished by creating a new charitable platform

Speakers:

Edward Jay Beckwith, Washington, DC (Moderator)
Martin Hall, Boston, MA
Anne LeBleu, Arabella Advisors, Washington, DC
Michelle A.W. McKinnon, Richmond, VA
Shelley Whelpton, Arabella Advisors, Washington, DC

Session II - Getting Organized
Things to consider when choosing between a public charity, private operating foundation, supporting organization, or private grant making foundation. Topics to be addressed include:

• Securing and maintaining the most beneficial tax status for the new charity
• Designing a realistic and effective governance structure
• Considering sources of support including tax issues raised by potential donors

Speakers:

Merry Balson, Centennial, CO
Professor Susan N. Gary, Eugene, OR

Session III - Getting Launched: The Operational Challenges
This session will review:

• Running the charity “like a business” while staying true to its charitable purpose and mission, vision and values
• Building a strong Board
• Common challenges charities face developing a proper heritage for good hygiene and maintaining support while navigating the many challenges faced by organizations with no “owners”
• The importance of adopting and following polices (investment, endowment, payout, administration, conflict, etc.)
• Developing and maintaining good donor relations and donor support
• Hiring and managing employees
• Expanding a donor’s philanthropic reach through charitable collaborations

Speakers:

• Jeffrey C. Thede, Portland, OR (Moderator)
• Gregory V. Olson, UBS Private Wealth, Seattle, WA
• Sue Robinson, KPMG, Seattle, WA

Session IV - Confronting the Unexpected and Remaining Relevant in an Ever-Changing World
This session will examine and consider:

• How charities anticipate and adapt to change in their mission and operations
• Responding to external regulatory environments
• Risk fluency
• Fixable problems that arise in the life of any organization
• Declining resources and support
• Failure of staff to perform or respond to changes
• Mission drift and external forces that affect the mission or make it irrelevant
• Adverse impacts from changes in investment and tax environments
• The challenge of disappointed donors and their heirs
• Board rejuvenation
• Managing staff and performance failures
• Whistleblower issues
• Changing the mission and its bearing on operating documents and restricted funds
• Cybersecurity challenges
• Comprehensive general liability protection and coverage for Directors and Officers

Speakers:

Martin Hall, Boston, MA (co-Moderator)
Michelle A.W. McKinnon, Richmond, VA (co-Moderator)
Jeanette Lodwig, Seattle Foundation, Seattle, WA
Andrew Schulz, Arabella Advisors, Washington, DC

Session V - Leaving a Legacy with Grace and Dignity
This final session will conclude with:

• Causes of failure
• Fiduciary obligation in a failing charity
• Uninsured or underinsured disasters
• Public relations disasters
• Loss of donor support
• Ways of maintaining effective and responsive leadership during a time of distress, disappointment, and decline
• Tax issues and avoiding tax penalties
• Cy Pres and the Doctrine of Deviation
• Satisfying other federal and state law requirements
• Creditor liability and vulnerability of poorly or improperly documented donor intentions
• Setting up for a good sunset or a soft landing

Speakers:

Edward Jay Beckwith, Washington, DC (Moderator)
Professor Susan N. Gary, Eugene, OR
Martin Hall, Boston, MA
Michelle A.W. McKinnon, Richmond, VA

ACTEC 2017 Summer Stand Alone
June 14 - 15, 2017
Seattle, WA