16-6a-116. Private foundations.
Except as otherwise specified in the articles of incorporation or as provided by a court of
competent jurisdiction, a nonprofit corporation that is a private foundation as defined in Section
509(a), Internal Revenue Code:
(1) shall make distributions for each taxable year at the time and in the manner as not to
subject the nonprofit corporation to tax under Section 4942, Internal Revenue Code;
(2) may not engage in any act of self-dealing as defined in Section 4941(d), Internal
Revenue Code;
(3) may not retain any excess business holdings as defined in Section 4943(c), Internal
Revenue Code;
(4) may not make any investments that would subject the nonprofit corporation to
taxation under Section 4944, Internal Revenue Code; and
(5) may not make any taxable expenditures as defined in Section 4945(d), Internal
Revenue Code.
Amended by Chapter 197, 2002 General Session
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Last revised: Thursday, May 28, 2009