(from Chapter Leader’s Guide, Finance section)
A frequent question asked by IAAP members is how they may legitimately use their chapter funds. There are many misconceptions about this, and most center around the issue of what they supposedly "cannot" do.
IAAP is recognized by the Internal Revenue Service of the U.S. as a 501 (c) 6 nonprofit corporation. The issue that comes into play with regard to spending is usually the "personal inurement" provision which is intended to keep individual members of such associations from personally profiting from the organization's proceeds. As with most IRS issues, this is sometimes a gray area, and the key consideration is intent.
No chapter should be using its money with the intent of helping a certain member or members to personally profit. However, this is not to say that a chapter cannot give awards, recognition, incentives, gifts, or even money to members if it is earned through some effort which assists the chapter in achieving its stated goals as an organization.
If your chapter desires to recognize a member with some object of value for a service performed on behalf of the chapter, the organization, or the secretarial profession, it may do so as long as the recognition or award is reasonable and proportionate to the service rendered. The key phrase is "compensation for service rendered." In other words, if a member performs a service for the chapter, (which could include something as simple as bringing in a new member) then the chapter can compensate that member in a reasonable and proportionate way, just as they could for anyone outside the chapter. For example, it would be reasonable to give them a pin, a small gift, plaque, etc. It would not be reasonable to give them something of great value out of proportion to the service rendered. The Internal Revenue Code defines such a violation as an "excess benefit transaction," i.e., a situation in which the economic benefit to a member exceeds the value of the consideration received by the organization.
While it is not recommended that a chapter award a member with discounted dues, it is not illegal to do so, again, as long as the award is not out of line with the service performed for the chapter. Awards in the form of dues or cash are discouraged primarily because of the negative "image" they may create.
The key question in this entire area of discussion is "Will the expenditure of the money help the chapter to fulfill its stated purpose as an organization — by helping it to become stronger, last longer, or be a more viable force in the profession?" If spending the money helps your chapter to better perform its purposes as a not-for-profit organization, you have satisfied the most important criterion.
Another frequently asked question relates to the conduct of lotteries, drawings, etc., for fund raising purposes. Keep in mind that the laws regarding these types of activities vary greatly from state to state and province to province. Check with your state and/or provincial authorities before conducting such events.
Many chapters award scholarships to individuals for various purposes, usually for educational purposes. While many chapters exclude members from being eligible for such scholarships, that is a choice, not a legal requirement. So long as a member is treated impartially and follows the same criteria for eligibility as anyone else, there is no legal reason he or she cannot be eligible. However, every caution should be used to be sure that no partiality is shown to someone because of their affiliation with the chapter. If they are awarded the scholarship, the chapter should be prepared to demonstrate that the individual was the best candidate of those who applied or were otherwise eligible.§
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