FOUNDATION FOR ABINGTON SCHOOL DISTRICT (FASD) Legal Review & - - PowerPoint PPT Presentation

Legal Review & Recommendations

October 16, 2018 Morgen Cheshire, Esq. Ben Bolas, Esq.

Presented to the FASD Board of Directors by:

FOUNDATION FOR ABINGTON SCHOOL DISTRICT (FASD)

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• Cheshire Law Group was engaged by FASD on

July 20, 2018 to serve as FASD’s outside general counsel.

• To commence the engagement, Cheshire Law

Group reviewed the history

• f

the

• rganization’s formation and the documents

prepared by Abington School District’s (ASD) legal counsel.

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• FASD is a Pennsylvania nonprofit corporation that incorporated
• n March 6, 2017 for the following purposes:

[FASD] is a nonprofit organization organized exclusively for charitable, scientific, and educational purposes within the meaning

• f Section 501(c)(3) of the Internal Revenue Code of 1986, as

amended (the “Code”), and its purposes will include conducting or supporting activities, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of the Abington School District located in Abington, Montgomery County.

• The IRS issued a determination letter on September 1, 2017,

recognizing FASD as a 501(c)(3) organization effective as of its date of incorporation (March 6, 2017), and in a letter dated October 1, 2018, confirmed that FASD has been successfully reclassified as a supporting organization.

Current Structure & Tax Classification of FASD Board of Directors of FASD

The current board of directors of the FASD includes the following individuals:

• 1. President of the ASD School Board

(Currently Raymond McGarry, Esq.)

• 2. Vice President of the ASD School Board

(Currently Susan D. Arnhold)

• 3. Superintendent of ASD

(Currently Amy F. Sichel, Ph.D)

• 4. Solicitor of ASD

(Currently Kenneth A. Roos, Esq.)

• 5. Business Manager of ASD

(Currently Christopher A. Lionetti)

• 6. Gail A. Weilheimer
• 7. Paul Morse
• 8. Nicole Gesing
• 9. [none currently appointed]

Abington School District (ASD)

* 5 Ex Officio Directors (individuals are ex officio members of FASD’s Board of Directors by virtue of their ASD positions). ** Up to 4 additional FASD Directors may be appointed by a majority vote of the President of the ASD School Board, the Vice President of the ASD School Board, and the Superintendent of ASD.

FOUNDATION FOR ABINGTON SCHOOL DISTRICT (FASD)

(Type I Supporting Organization)

**

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Funding support

*

ASD School Board

Superintendent; Solicitor; and Business Manager

Ex officio directors per Section 3.2 of the FASD Bylaws. Directors appointed by a majority vote

• f the board members #1-3 above per

Section 3.2 of the FASD Bylaws.

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1. File Form BCO-9, Request for Approval of Exemption/Exclusion from PA Charitable Organization Registration. 2. File the Institution of Purely Public Charity Registration Statement. 3. Adopt relevant ASD Policies, such as Conflict of Interest, Records Management and Reporting

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Waste and Wrongdoing in Operations. 4. Confirm that FASD has sufficient Directors & Officers and business insurance coverage for FASD. 5. Send donor acknowledgement letter(s) if donor requires it. 6. On an annual basis, Cheshire Law Group to review FASD’s informational returns prior to FASD filing those returns with the IRS (e.g., Form 990, Form 990-EZ, Form 990-N). 7. Going forward, FASD to report any changes of address or officers to the PA Department of State and to notify Cheshire Law Group of any changes to activities or operations.

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