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Greetings!

 

Welcome to the April 2012 edition of Charity Law Insights.

 

Continuing on last month's string of announcements regarding achievements of Drache Aptowitzer LLP lawyers we are proud to announce that Adam Aptowitzer has been awarded the Ontario Bar Association's 2012 Heather McArthur Memorial Young Lawyers Award. 

 

Below you will find our monthly offering of articles on topics of interest to the charity community. We trust you will find them useful.

 

The Drache Aptowitzer LLP team takes this opportunity to wish our readers a Happy Passover and Easter season

 

Yours truly,
Drache Aptowitzer LLP

Charity Commission Ruling on Loans by Charities

By: Arthur Drache C.M., Q.C. 

A recent report by the Charity Commission of England and Wales highlighted risks of charities making loans to other organizations especially where there is some question as to whether there was a potential conflict of interest.

The case involved a registered charity called the Plymouth Argyle Supporters Training and Development Trust

 

To read the full article click here:

 
 

New Thoughts on New Business for Charities

By: Adam Aptowitzer

Adam Aptowitzer

 

Canadians are a generous and understanding people. We have a range of social programs designed to help people who have fallen on hard times or who otherwise are less well off. But, as a rule, we aim to help people toward self sufficiency and independence. Yet, despite the parallels between the desperation of individuals and charities struggling for alms to support their existence, there seems to be little appetite to help charities to self - sufficiency. There may be a variety of tools to reduce a charity's reliance on donations but perhaps the most potent is to unleash the potential that comes with charities running private business.

 

 To read the full article: 

Social Enterprise? Are we there yet?
 

Yvonne Chenier

 

Despite some pre-budget rumblings that the Government of Canada might introduce some measures directed at the activities of "profit-making" non-profits, there was nothing in Budget 2012 about this or indeed anything specifically new about the growing area of social enterprise. The same teaser that was contained in last years' Budget 2011, which referred to the Canadian Task Force on Social Finance, was reiterated as the government said it "will continue to support the momentum building around social finance initiatives and will explore social finance instruments." Then they give the example of social impact bonds as one tool under consideration before stating, word for word as they did in Budget 2011, that details would be announced "over the coming months".

 

To see the rest of this article click here: 

Officers Exposed to Liability Under New Federal Law
By: Joel Secter
Joel Secter
We recently met with an Executive Director of a registered charity to discuss her organization's continuance under the Canada Not-For-Profit Corporations Act (the "NFP Act"). (Regular readers will recall that corporations incorporated under the Canada Corporations Act ("CCA") have until October 17, 2014 to make the transition to the NFP Act.) My officer friend was taken aback (to put it mildly) that, under the NFP, officers of not-for-profits may attract the same liability as directors. Given the enormous implications (and widespread ignorance of this provision) we turn our attention now to the new reality facing officers of not for profits. 

 

For more information click here:

http://drache.ca/articles/charities/officersliability  

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