By Elizabeth O. Manchester, Russell J. Stein, and Kelley J. O’Donnell
The Massachusetts legislature and Governor Healey recently passed into law An Act Relative to Strengthening Massachusetts’ Economic Leadership (the “Act”)[1]. The Act provides significant changes in the nonprofit space which will alleviate financial reporting requirements for small and mid-sized Massachusetts nonprofits as well as provide incentives and protections for individuals serving as board members.[2] The Act is designed to increase employment and growth in Massachusetts and promote activities of nonprofits throughout the state.[3]
One of the key provisions of the Act is the adjustment of financial reporting thresholds for small and mid-sized nonprofits.[4] Now, nonprofits are only required to submit reviewed financial statements if the entity has an annual gross revenue of $500,000 or more, as opposed to the previous lower threshold of $200,000.[5] Similarly, nonprofits are only required to submit audited financial statements if the entity has an annual gross revenue of over $1,000,000, as opposed to the previous lower threshold of $500,000.[6] These reporting requirements should have a significant impact on small and mid-sized nonprofits in the state. The changes are expected to reduce administrative burdens on small and mid-sized nonprofits which will allow them to focus their efforts and resources on their missions.[7]
In addition to the financial reporting changes, the Act also allows board members to receive modest stipends for serving as board volunteers while reserving their personal civil liability protections.[8] Prior to this change, any board member who received compensation in any amount would lose the personal civil liability protections afforded under Massachusetts General Law Chapter 231 Section 85W.[9] This change should expand opportunities for individuals to serve as board members and ultimately has the potential to substantially increase representation and diversity on Massachusetts nonprofit boards.[10]
For more information, please contact Partner & Chair of our Nonprofit and Tax-Exempt Practice Group Elizabeth O. Manchester, Partner Russell J. Stein, or Associate Kelley J. O’Donnell.
[1] An Act Relative to Strengthening Massachusetts’ Economic Leadership: Overview, Mass.gov, Bill Summary Formatted (1).pdf.
[2] Massachusetts Allows Stipend for Charitable Board Representation and Amends Nonprofit Financial Statement Requirements, Massachusetts Nonprofit Network, Recent Legislative Accomplishments – Massachusetts Nonprofit Network.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] An Act Relative to Strengthening Massachusetts’ Economic Leadership: Overview at 4.
[9] Massachusetts Allows Stipend for Charitable Board Representation and Amends Nonprofit Financial Statement Requirements.
[10] Id.
