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Business Organizations Law

1967

Non-profit organizations

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Unreasonable Accumulation Of Income By Foundations, Joel H. Feld Jan 1967

Unreasonable Accumulation Of Income By Foundations, Joel H. Feld

Cleveland State Law Review

Unreasonable accumulation of income was and still is one of the the common abuses found in some foundations. Prior to 1950 the Internal Revenue Service challenged foundation exemption by stating that unreasonable accumulations of income were evidence that the foundation was not organized for, or carrying out, a charitable purpose. The courts were reluctant to follow this theory, and gave the law a liberal interpretation in favor of the foundations. It was not until 1950 that Congress enacted Section 3814 of the Internal Revenue Code of 1939. The law is the same today in the Internal Revenue Code of 1954, …


Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt Jan 1967

Removal Of Voting Power From Members Of Non-Profit Organizations, Timothy L. Nesbitt

Cleveland State Law Review

It is evident that the right to vote in non-profit organizations has been judicially recognized but has received uneven protection. As a general rule, unless the right to vote is specifically restricted, every member of a non-profit organization is entitled to vote. The right to vote maybe defined in the provisions by which the organization is governed, and in that case the right to vote is restricted to those within the terms of the governing provision.