CAE updated key terms Flashcards
Legal Counsel
Is responsible to Board. Selection of counsel is generally
decision of chief executive employed in-house counsel,
ad hoc selection committee, executive committee, or
governing board
Can the IRS deny tax
deductibility?
It will unless attendance directly relates to the conduct of
business by participant or unless it is reasonable to hold
the meeting outside North America (reasonable =
purpose, activities, mission of association, home country
of members)
What are the two international
audit levels?
assess how international the profession is, evaluate
association’s international standing
Privileged motions
take precedence over any pending main motion.
Examples. • Set a time for adjournment • To adjourn • To
hold a recess • To raise a question of privilege • To call
for orders of the day
Long-term Liabilities
Debts with maturity dates longer than a year
Policies & Procedures should
include at least:
- Record retention plan 2. Anti-trust program 3.
Procedures for meetings
Internal research plays a role in:
- Issues management 2. Strategic planning 3. Meetings
and trade shows 4. Member satisfaction
Accounts Receivable
An asset, the amount of cash still due to the association
when it sells an item to an outside entity who agrees to
pay later.
Nondeductibility of Dues
Because of Lobbying (Proxy
Tax)
elect to pay flat 35% excise tax on lobbying
expenditures so members can deduct full amount of
dues Must inform members what % is deductible
Doesn’t include local lobbying
Individuals conform to three
basic types
- Tradition directed: Rigid adherence to accustomed way
of doing things. 2. Inner directed: People base opinions
on long-standing goals and values. 3. Outer-directed:
Derive opinions and values from outside peers,
associates, friends, and media.
CSE as servant-leader
• The CSE serves the board, but NEVER surrenders the
leadership role needed. • The CSE must speak the big
picture perspective when no else does. •The CSE must
take the leadership role and set the boundaries for the
relationship
Professional associations
an association of individuals with an acquired knowledge
and experience that qualifies them as specialists, or sharing a field of business or practice in a profession
(medical, legal, individual membership assoc)
What three documents should
you provide volunteers:
- Legal 2. Management 3. Internal
Unqualified
clean, opinion auditor is happy with statement as a whole
Policies
spell out standards of conduct and decision making;
articulate the strategy and philosophy of governing body;
provide framework upon which the association builds its
procedures. Developed and adopted by volunteer leaders
Accrual Basis Accounting
Recognizes revenues when earned and expenses when
incurred
Benefits of Incorporation
- Eliminates personal liability of volunteers. 2.
Continuity 3. Psychological benefits (stability, etc.) 4.
Provides protection under certain laws. 5. Has guidelines - Own real estate 7. Easier to obtain D&O
Defamation
Should not make defamatory statements unless there is
clear evidence that they are true. Should purchase
liability insurance
Quick Ratio (also called Acid Test Ratio)
• Measure of assets that can be quickly liquidated and
used to pay debts • Measure of immediate liquidity; may
be more accurate indicator than current ratio for a short
span of time -1:1 ratio is satisfactory
Managing Responses to Media
Inquiries
Prepare for the interview •Draft message points •Speak in
an “inverted pyramid” •Don’t say too much •Stay
positive •Speak clearly •Dress appropriately for on camera interviews
External environment
the world outside the association
Financial Policies
- Investments 2. Spending 3. Operating and
Capitalization
Affiliated chapter
Chapter is a separate entity and operates independently
Lobbying Activity
any action taken in support of a lobbying contact
Congressional Gifts
House – no gifts no matter the value. Senate – no gifts
worth $50+ and nothing totaling $100 in a year from one
source. Gifts to the family = gift to the member. No
honoraria to Congress or staff. Can receive ticket to
widely attended conventions
Investment management
fiduciary responsibility of Board
- Did plan achieve expected return and investment
objectives? 2. Is manager abiding by plan’s investment
policy statement? 3. What contributed to total return of
portfolio
In marketing, the CEO is
responsible for
- Serving as central staff person. 2. outline
responsibilities 3. Provide staff support and budget 4.
Make marketing high priority 5. Ensure plan is
synchronized 6. Reward achievement 7. Insist on sound
research 8. Monitor and evaluate results
ADDIE
A = Analysis D = Design D = Development I =
Implementation E = Evaluation
What are budgets built around
the marketing plan focused on?
focused on revenue and revenue potential.
Criteria for credentialing
o Should be NO MORE stringent than necessary to
assume minimum qualifications o Must not restrict or
boycott competitors o Cost must be reasonable and
not set at a level prohibitive to smaller members or to
nonmembers o participation must be voluntary
strategic marketing plan
focuses on specific association functions (products,
services)
Audience reaction team format
refers to a group of members on stage who query group
of experts
Qualified
not happy with something
The Robinson-Patman Act
prohibits discriminatory pricing between different
purchasers of commodities of like grade and quality.
Terminating Employees
Focus on the problems’ affect on employee job
performance and the work place. Move promptly to
confront and resolve it. Clear and specific expectations and timetables. Urge employee to seek medical help.
Document thoroughly. Handle with consistency
Indirect Costs
Allocates salaries (allocation of staff time) and other
overhead to present the true profitability of products and
services. - Calculated prorated share of overhead
expenses to the specific program or service. - Best
practice in program budgeting
Merger
combining one entity into another
Federations
associations are composed not of individual members but of other associations
Statistical Groups
Bound together by sex, income, education, and
occupation. Individuals tend to respond in the same way.
Does a PAC have to have a
treasurer?
PAC must have a treasurer at ALL TIMES Must keep
record of all donations and contributions Records kept
for three years
Permanent records (HR)
- Organizing/governing documents 2. IRS tax-exempt
documents 3. Employment records 4. Contracts,
insurance policies, deeds, trademark or patent certificates, etc. 5. Lobbying certificates, etc.
Current Ratio
• Measures solvency and the ability to pay current debts
with current assets with a margin of safety. General
availability of cash to pay off debts as they come in. •
Acceptable ratio is 2:1; $2 in assets for every $1 of debt;
minimum ratio is 1:1.
Sarbanes-Oxley
Non-profit Requirements: A. Whistleblower
Policy—protect informants from retaliation. B.
Document Destruction Policy—not allowing employees
to obstruct justice by destroying documents. i. Record
Retention Policy
Taxes - Form 990 & 990 EZ
A. Must file 990 if gross annual income exceeds $25,000.
B. Can file 990 EZ if gross revenue of under $100,000 and total assets under $25,000.
C. Due Dates: May 15th ;
can file extension to August 15th and November 15th.
Must file by November 15th.
Governance
(membership and org. structure, volunteer leadership,
related businesses, association management, finance)
How should Employee
performance plans be outlined?
SMART…Specific Measurable Attainable Relevant
Time-based
Reporting UBI and UBIT
A. Report UBIT liability over $500. B. Quarterly
estimated tax payments are required. C. Foreign tax
credit available for foreign associations. D. File 990-T
along with 990 if annual gross UBIT income is greater
than $1,000.
If a pub includes advertising
income, what two sides should
you break out the budget?
Advertising and editorial
Competency
a set of related knowledge, abilities, and skills that
directly affect a major part of an individual’s job.
Primary Research
External research, taking mostly from members or
nonmembers (does not/may not exist)
Three Components of Strategic
Implementation
Programs: Those that directly support its mission; and
Those that generate revenue. Procedures: specific,
sequential steps for the tasks required to complete the
programs. Budgets: Budget-driven = programs based on
your budget VS strategy-driven)
Unearned Revenues: Also
deferred revenue
A liability, payments received in advance for goods or
services to be provided in the future (e.g. dues received at the end of the current year for the following year).
Consumer Credit Protection Act
1 or more
“prohibits employees from being terminated for
garnishments for any one indebtedness”
Industry relations
Communications with other companies within the
organization’s industrial sector.
Association policies and
procedures generally addresses
which (3) three areas?
governance; management and operations; and public
image and public policy
Educational Methods & Learning
Techniques:
know the program purpose, objectives, audience and
available resources. Selection of the most appropriate
techniques and methods can be accomplished only after
the intended outcomes and primary characteristics of
instruction have been determined.
Requests for Proposals Process
SPIE & LERP
Due diligence. An association
must
- Establish policies and procedures 2. Assign staff to
oversee compliance 3. Use care not to delegate authority
to someone who engaged in illegal activities 4. Monitor
and audit 6. Discipline violations 7. Respond
appropriately to violations
Advertising
Paid, one-way communication. Completely controlled
Committees
– generally are responsible for either designing and
operating a project or recommending policy to the board
Solicitation (PAC) Do’s
Can solicit from corporate employees as often as desired after permission granted; can solicit noncorporate members and families; solicit specified association executive and administrative personnel and their families
PUBLICATIONS (Clarify financial goals:)
- Intent to make money or break even? 2. How much
expected revenue? 3. What level of investment?
Membership Restrictions
Membership is a privilege, but may be a right if not
belonging harms competitively.
Taxable UBIT Criteria
- Trade or business activity; competes unfairly with
taxable businesses. 2.Regularly carried on in a frequent or continuous way (operate parking lot every Saturday all
year) 3. Not substantially related to tax-exempt purpose.
Adult Education:
adults have a desire to know what they will gain by
learning; they want to make their own decision about
learning content and process
Exceptions from UBIT
A. Passive Income (not taxed), B. Investment Earnings:
Dividends, Interest, Rents, Royalties, Payments for
security loans, Annuities (that are not from a controlled
subsidiary). Capital gains on passive investment assets
that are NOT debt financed.
Music Licensing
Must obtain permission even if just background music
Can get blanket permission through ASCAP/BMI If
association benefits from event where copyright
infringement, then association can be liable
ADA and pre-employment medical inquiries
Only drug testing is permitted during the application and
pre-screening process; ADA forbids pre-employments
inquiries and exams. However a medical exam may be
required ONCE an offer has been made.
Fixed Assets:
Property, equipment and other assets that the
association expects will last more than one year.
Investment Policies
• Goal reserve : 50% of operating expenses (test
question). • Investment policies should clearly outline
volunteer and staff responsibilities • Breakdown of short
and long-term funds. • Breakdown of % at various risk
levels.
Readership Costs
Total cost of producing the periodical – Direct
Advertising Expense (Tip: Readership Costs = Periodical
Costs – Advertising Costs)
Types of Net Assets–Reportable
on Form 990
- Unrestricted Net Assets 2. Temporarily Restricted Net
Assets 3. Permanently Restricted Net Asset
Activity Ratio
Measures how quickly can convert its receivables into
cash
Reserve Ratio
= Expandable Net Assets / Total Annual Expenses •
Measures what percentage of annual budget is covered by available assets.
Secondary Research
Usually first step in research project. Information that
already exists, including archives, membership database,
related associations, trade publications, colleges and
universities, etc.
Taxonomy
hierarchical classification system that defines an
organization’s information, disciplines, and activities
that it undertakes as part of its routine business
Circulation Income
Income collected from providing the periodical or web
site; e.g. subscriptions payments and income from the
portion of dues attributable to members’ subscription to
periodicals.