Incorporation Choice, Uniformity, and the Reform of Nonprofit State Law

Georgia Law Review, Vol. 41, p. 1117, 2007

Ohio State Public Law Working Paper No. 99

Center for Interdisciplinary Law and Policy Studies Working Paper Series No. 66

69 Pages Posted: 6 Sep 2007

See all articles by Garry Jenkins

Garry Jenkins

University of Minnesota - Twin Cities - School of Law

Abstract

This Article explores the significance of private lawmaking initiatives in the reform process of nonprofit state law, with specific consideration to recent and on-going projects led by the American Bar Association, American Law Institute, and National Conference of Commissioners on Uniform State Laws. The paper documents and explains how various institutional dynamics, ingrained habits, and other factors unique to the tax-exempt sector, most notably the choices of nonprofit organizations regarding where to incorporate, effect the ways in which nonprofit law is developed. To that end, the Article presents empirical findings revealing that nonprofits are far less likely than for-profit corporations to opt for out-of-state incorporation. This, in turn, makes nonprofit entities less able than their for-profit counterparts to shape the legal regime governing their activities and thus heightens the influence of private lawmaking projects in the charitable sector.

Keywords: UPMIFA, UMIFA, RMNCA, ALI, NCCUSL, ABA

JEL Classification: K22, L3, L30, L31, L39

Suggested Citation

Jenkins, Garry, Incorporation Choice, Uniformity, and the Reform of Nonprofit State Law. Georgia Law Review, Vol. 41, p. 1117, 2007; Ohio State Public Law Working Paper No. 99; Center for Interdisciplinary Law and Policy Studies Working Paper Series No. 66. Available at SSRN: https://ssrn.com/abstract=1010985

Garry Jenkins (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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