About Doug Mentes, Esq.
Douglas Mentes is an alum of Drake University with a degree in journalism, who has covered news in Washington, D.C., Minneapolis and Salt Lake City. He has a law degree from William Mitchell College of Law and ran his own law firm for more than 10 years in St. Paul, Minnesota, earning designation as a Super Lawyers Rising Star. He practiced in the areas of family law, real estate and probate, handling several successful appeals. He currently covers bankruptcy law for Thomson Reuters.
Articles written by Doug Mentes, Esq.
How to Form a Super PAC
In Maryland, registration is simple but compliance is complexFor any individual or organization that doesn’t want to be hamstrung by federal laws on campaign contribution limits, a super PAC (Political Action Committee) is the answer. Super PACs are a result of the 2010 U.S. Supreme Court decisions in SpeechNow.org v. FEC and Citizens United v. FEC. Their sway on elections has exploded since, representing more than 20 percent—or just shy of $2 billion—of all federal campaign spending during the 2016 federal election cycle. Federal law limits the …
PACs Can Solicit Campaign Contributions from Employees
But businesses in Indiana must ensure political contributions are voluntaryMany businesses take part in financing campaigns. In recent years, businesses have formed their own PACs (Political Action Committees) to fund the business’s campaign activities. Those corporate PACs are called Separate Segregated Funds (SSFs). They were created to get around the prohibition of corporate campaign contributions, and are a business’s only direct way to contribute to a campaign. Under certain circumstances, federal election law allows these corporations and their connected …
Is Your Nonprofit Eligible for Tax-Exempt Status?
California nonprofits must determine problematic issues before filingNonprofit organizations that apply to the Internal Revenue Serviec (IRS) for tax-exempt status are not guaranteed approval. Gene Takagi, a California attorney who has spent many years advising and representing nonprofit organizations, says the “IRS does reject applications, but not a huge percentage. A larger percentage are never completed because the IRS has some questions or thinks changes need to be made, and the applicant decides to drop the application instead.” Based on some “rough …
Filing the IRS Form 1023-EZ?
It’s less work for California nonprofits, but does not assure tax-exempt complianceThe Internal Revenue Service (IRS) introduced a new, short form application for tax-exempt status: IRS Form 1023-EZ. The file form is significantly shorter than the IRS 1023 application, and takes substantially less time to fill out. This will especially help smaller nonprofits, but organizations may be surprised to learn that the IRS’ acceptance of the 1023-EZ does not assure compliance with IRS code and regulations. Who Can File the 1023-EZ? To be eligible to file for tax exemption with the …
Steps to Take Before a Nonprofit Applies for Tax-Exempt Status
California nonprofits have major decisions to make before filing the applicationFor a nonprofit to obtain tax-exempt status from the Internal Revenue Service (IRS) under section 501(c)(3), obviously it must file IRS Form 1023 and await a determination. But there are several significant steps nonprofits must take before the application process, as nonprofit attorney and advisor Gene Takagi explains. Incorporate or Not? “You’re going to first have to determine what form of entity you’re going to operate. That entity is the party that is preparing and completing the …
Shareholder Rights in a Private Corporation
If a corporation doesn’t protect them, Oregon law willShareholder rights are an issue for large and small Oregon corporations—although most corporations in Oregon are smaller, private or close corporations. Stock shares provide a secured ownership interest in a business. Shareholders of the corporation are the owners of the company. Larger corporations offer different classes of stock, while smaller organizations may offer only one class of stock. The most common forms of ownership interest in a corporation are common stock, preferred stock and …
What Corporate Records Are Shareholders Entitled To?
A limited amount for most in Georgia, unless they can show a purpose for moreThere may be nothing more important for a corporate shareholder than having the ability to evaluate the financial condition of the corporation they’ve invested in. But to perform that evaluation, the shareholder needs information. Fortunately, under Georgia law, shareholders are entitled to records and other information from the corporations they invest in—within limits. If shareholders want the right of inspection to more expansive corporate information, they will have to demonstrate a …
Does My Business Need Bylaws?
Drafting rules that make Colorado corporations run smoothlyBylaws are legal documents that outline rules that govern the day-to-day operations of an organization or business entity. They define the responsibilities for the important positions, such as corporate officers, within the organization and explain how the organization can act under a variety of situations. For Colorado nonprofits organizations, bylaws may be required as part of the process for obtaining tax-exempt status from the IRS. Otherwise, for Colorado for-profit corporations, bylaws are …
How Do I Form a PAC?
In Massachusetts, the process is simpleHaving the power to influencing an election—whether for city council, state legislator or president—is seen as beneficial to individuals, business owners, nonprofits, corporations and trade association. Contributing to a candidate is one direct way to help influence the election outcome, but there are contribution limits under federal election law, as well as Massachusetts state law. If an individual or group of people want to increase their contributions, or perhaps communicate their own …
How to Hold a Business Owner Personally Liable
Creditors can pierce the corporate veil of shady New Jersey businessesLiability protection is the most significant benefit to incorporation or forming a limited liability company (LLC). However, that protection can be lost if owners take advantage of the corporate entity and business structure. New Jersey case law contains a lengthy list of examples of the various ways corporate owners have attempted to use the corporate entity to skirt their legal obligations. That conduct then allows creditors access to the personal assets of the business owners. To determine …
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