Like many of my colleagues in transactional practice who focus on the social enterprise spectrum, the path to my current role was not a straight line. It has however been very true to what I believe in: integrity, justice and fairness, and service to others. I hope this personal post gives you some insight on …
General legal help
Patrons, Patronizing, Patronage Dividend
These are all terms used in the cooperative business community and sometimes their meanings are unclear or jumbled. This blog will discuss the definitions of these terms with examples of how they are used by different types of cooperatives. A patron patronizes a cooperative and receives a patronage dividend at the end of the year. …
Updated Section 1042 Tax Benefits
There is a section of the Internal Revenue Code (IRC) that provides some tax benefits for people who sell their companies to either an ESOP or to a worker cooperative. This blog will explain how 1042 provides tax advantages when selling to a cooperative. If you are thinking of becoming employee-owned or selling your business to …
The Department of Labor “new” final rule for gig workers
On May 5th, the U.S. Department of Labor (DOL) announced the withdrawal of the “Independent Contractor Rule” which had been adopted by the Trump administration. The rule was expected to be effective on March 8, 2021, but a presidential memo, dated January 20, 2021, has postponed it for two weeks and is expected to open …
How patronage is really paid out to cooperative members: qualified and nonqualified written notice of allocations (1/2)
Recently, I had a few clients asking about the distinction between qualified and nonqualified written notice of allocation. Tax season being right around the corner, it feels like a good opportunity to talk about those. The USDA has some wonderful material[1] explaining the definition and use of both notices of allocation, this post and the …
Cooperative Equity Capital, Income and Patronage: How They Work Together
Cooperatives have three areas of accounting that need to be understood by their members as the cooperatives are formed and as they are operated. Cooperatives obtain and track equity capital, usually through the members. As a business entity, the cooperative generates income through the products its sells or the services it provides to clients and …
Updates to PPP under the Economic Aid Act
The Economic Aid Act, passed on December 27th, 2020, expanded the Paycheck Protection Program created by the CARES Act. The Economic Aid Act authorized $284 billion in new funds for first draw and second draw funds of PPP. The Small Business Administration (SBA) and U.S. Treasury have issued new guidance on how the changes will …
Cuba and Cooperatives (Part 3): Social, Economic, Racial, Gender and Sexual Justice Through Constitutional Reform
Information derives from a lecture by Cuban Criminal Justice and Cooperative Attorney Oldalys Perex Martinez, on January 15, 2020 We’re mainly taught in the U.S. that Cuba is “ruled” by a militaristic, one-party, authoritarian regime (e.g. links intentionally omitted). The on-the-ground perspective in Cuba is quite different; so too are the facts. Cuba’s people democratically …
Cuba and Cooperatives (Part 2): Cooperatives in Cuba, a Love Story (of sorts)
Much of the primary information comes from a lecture by Dr. Jesus Cruz Reyes, on January 13, 2020 in Havana, Cuba. Dr. Cruz Reyes is Cuba’s foremost cooperative economist and is on the faculty of economics at the University of Havana. The Cuban “State Enterprise” is undoubtedly the single largest economic consumer and producer in …
Cuba and Cooperatives (Series): Opening Invitation
Cuba is a study of contrast and contradiction. How does a 950-mile long island of 10M people, situated only 90 miles from the U.S., sustain its people, culture and autonomy while living under the proverbial boot of the most powerful country on earth? And, while promoting a deeply connected civil society that puts racial, sex, …
