Gordon Fischer Law Firm
  • Services
  • About
  • Blog
  • Contact
  • Subscribe
  • Menu
  • Facebook
  • Twitter
  • Instagram
  • Linkedin
  • GoFisch Law Blog

Whistleblower Policies for Iowa Nonprofits: Legal Requirements, IRS Guidance, and Best Practices

Nonprofits

January 26, 2026

Before we get into what makes a good Whistleblower Policy, here are four real-life examples of why nonprofits need them:

  1. A long serving bookkeeper notices unexplained reimbursements approved by the executive director but fears reporting them because the director controls her job.
  2. A volunteer becomes aware that restricted donor funds are being used for unrelated expenses but does not know who to tell or whether speaking up could jeopardize their role.
  3. A staff member witnesses repeated harassment by a senior manager and worries that reporting the behavior will quietly end their career at the organization.
  4. A board member learns that required filings have not been made for several years and is concerned about personal liability if the issue is ignored.

In each of these situations, wrongdoing continues not because people are unaware of it, but because they do not feel safe reporting it. A clear Whistleblower and Retaliation Protection Policy is designed to solve exactly this problem.

As a member of a nonprofit organization, wouldn’t you want to know if someone inside the organization was acting illegally, unethically, or contrary to its mission? Nonprofits exist to serve the public good and depend heavily on trust, transparency, and ethical conduct. Yet studies consistently show that reporting drops sharply when organizations lack a clear and credible whistleblower policy.

A well drafted Whistleblower Policy creates a structured, trusted process for raising concerns. It protects individuals who come forward, helps leadership address problems early, and reduces
legal and reputational risk. This blog post explains what a whistleblower policy is, why it matters, who it protects, how it works in practice, and the best practices every nonprofit should consider adopting.

What It Means to “Blow the Whistle”

To “blow the whistle” means to report suspected wrongdoing within an organization. A whistleblower policy establishes formal guidelines for employees, board members, volunteers, and others to follow when they become aware of potential misconduct.

The goal is not punishment. The goal is early detection, accountability, and correction before harm spreads. Effective policies encourage reporting by assuring individuals that they can raise
concerns without fear of retaliation, job loss, or reputational damage. Federal and state laws across the United States reinforce this principle by protecting whistleblowers from retaliation and encouraging internal reporting before problems escalate.

Legal Framework and IRS Expectations

Federal law explicitly protects whistleblowers. Section 1107 of the Sarbanes-Oxley Act, codified at 18 U.S.C. § 1513(e), makes it a federal crime to knowingly retaliate against a person for providing truthful information to law enforcement about a possible federal offense. Penalties can include fines and imprisonment of up to ten years, and the law also prohibits destruction of evidence.

Practically speaking, this means nonprofit leaders must take whistleblower complaints seriously, preserve documents, and avoid any actions that could be perceived as retaliation, even indirectly. Iowa law reinforces these principles. The Iowa Nonprofit Corporation Act, Iowa Code chapter 504, imposes fiduciary duties of care, loyalty, and obedience on directors and officers. When credible concerns about misuse of funds, conflicts of interest, or legal noncompliance are raised and ignored, directors and officers risk breaching those duties. A whistleblower policy provides a documented process for receiving and addressing concerns, which can be critical in demonstrating that leadership acted prudently and in good faith.

Iowa nonprofits should also be mindful that retaliation claims may arise under Iowa common law, Iowa civil rights statutes, and federal employment laws applied in Iowa courts. Even volunteers and independent contractors may assert claims when adverse actions follow protected reporting.

The Internal Revenue Service reinforces these expectations through Form 990. Although a whistleblower policy is not technically mandatory, the IRS asks whether one exists and treats it as a hallmark of good governance. To meet the Form 990 standard, the policy must clearly state that the organization protects individuals who report suspected violations of law or organizational policy in good faith.

Why Whistleblower Policies Are Essential for Nonprofits

Nonprofits rely on public trust, donor confidence, and community credibility. This is especially true in Iowa, where many nonprofits operate in close-knit communities and rely on long-term relationships with donors, volunteers, and local stakeholders. Many Iowa nonprofits advocate publicly for accountability, fairness, and ethical conduct. That mission is undermined if similar misconduct is tolerated internally or handled informally behind closed doors.

A strong whistleblower policy helps Iowa nonprofits:

  • Identify problems early, when they are easier and less costly to fix
  • Reduce the risk of regulatory scrutiny by the IRS, Iowa Attorney General, or Iowa Secretary of State
  • Demonstrate that directors and officers are fulfilling their fiduciary duties under Iowa law
  • Protect staff, volunteers, and board members from retaliation
  • Preserve public trust in smaller communities where reputational harm can spread quickly

Without a clear policy, individuals may stay silent, misconduct may continue unchecked, and organizations may face far greater legal, financial, and reputational consequences later.

Who the Whistleblower Policy Is For

A whistleblower and retaliation protection policy should apply broadly. It should cover:

  • Employees
  • Officers and directors
  • Volunteers
  • Independent contractors
  • Vendors
  • Clients and other stakeholders

Even organizations with no paid staff need whistleblower protection. Volunteers often have direct access to sensitive information and must feel safe raising concerns.

When and Where to Report Misconduct

Concerns should be reported as soon as reasonably possible. Prompt reporting allows the organization to stop ongoing harm, preserve evidence, and respond appropriately. Best practice policies provide multiple reporting channels, such as:

  • A direct supervisor
  • Another manager or officer
  • A designated ethics or compliance contact
  • The board chair or audit committee
  • An external or anonymous reporting mechanism

Multiple options are essential, especially when the concern involves a supervisor or senior leadership.

Covered Wrongdoing

A well drafted policy clearly defines the types of conduct that may be reported, including:

  • Fraud or financial misconduct
  • Theft or misuse of organizational assets
  • Violations of law or regulations
  • Conflicts of interest
  • Discrimination or harassment
  • Violations of confidentiality obligations
  • Unsafe or unhealthy working conditions
  • Abuse of authority
  • Retaliation against whistleblowers

Clear definitions reduce uncertainty and encourage reporting.

Reporting Procedures

Effective policies explain how to report concerns and make the process accessible. Best practices include:

  • Clear written reporting instructions
  • Options for confidential or anonymous reporting
  • Identification of who receives and reviews reports
  • Escalation paths if concerns are not addressed

Good documentation protects both the whistleblower and the organization.

Investigation Procedures

Once a report is received, the organization must act promptly and responsibly. The policy should describe:

  • How investigations are initiated
  • Who conducts them
  • How evidence is collected and preserved
  • Expected timelines
  • How findings are documented and addressed

Investigations should be objective, thorough, and conducted by individuals with appropriate independence and authority.

Confidentiality

Confidentiality is critical to effective whistleblower protection. Policies should commit to maintaining confidentiality to the greatest extent reasonably possible. While absolute confidentiality cannot always be guaranteed, especially if legal proceedings follow, failing to promise confidentiality at all will strongly discourage reporting.

Protection Against Retaliation

The policy must clearly prohibit retaliation. Retaliation includes termination, demotion, harassment, intimidation, reduced hours, or any adverse action taken because someone reported
concerns in good faith. Anyone who retaliates should face discipline, up to and including termination or removal from office or board service.

Good Faith Reporting and False Allegations

Whistleblowers must act in good faith and have reasonable grounds to believe misconduct has occurred. Knowingly false or malicious allegations should result in discipline. Importantly, an allegation that cannot be substantiated does not mean it was made in bad faith.

Disciplinary Action and Outcomes

Policies should outline potential consequences when allegations are substantiated, including corrective action, discipline, or termination. They should also address consequences for retaliation and bad faith reporting.

Training and Communication

This is critical. A whistleblower policy is ineffective if people do not know it exists or how to use it.

For Iowa nonprofits, this section should align closely with other governance disclosures and practices reflected on IRS Form 990, including policies addressing conflicts of interest, document retention and destruction, compensation review, and Form 990 review and approval itself. The IRS looks at governance holistically, not in isolation. Best practices include:

  • Distributing the policy during onboarding
  • Providing periodic training
  • Including the policy in employee handbooks
  • Training investigators on process and confidentiality

Consistent implementation across these policies strengthens credibility if the organization’s governance practices are ever reviewed by the IRS or state regulators.

Support for Whistleblowers

This is equally important. Whistleblowers often experience stress, fear, or emotional strain. Providing access to support resources demonstrates a genuine commitment to ethical culture and
reinforces trust.

Policy Review and Updates

Whistleblower policies should be reviewed periodically and updated to reflect changes in law, organizational structure, and best practices.

Conclusion

A well designed whistleblower and retaliation protection policy is a cornerstone of strong nonprofit governance. It protects individuals, strengthens organizational integrity, and reinforces public trust.

For Iowa nonprofits, whistleblower protection should be viewed alongside other core governance practices reported on IRS Form 990, including conflict of interest policies, document retention policies, compensation approval processes, and board oversight procedures. These policies work together to demonstrate that directors and officers are meeting their fiduciary obligations under Iowa law.

Nonprofits should not treat whistleblower policies as boilerplate or check-the-box documents. They should be tailored to the organization’s structure, actively implemented, and supported by leadership.

I advise Iowa nonprofits on governance, compliance, and risk management. I work with Iowa charities, churches, foundations, associations, and membership organizations to draft, review, and align whistleblower policies with Articles of Incorporation, Bylaws, Form 990 disclosures, and the full suite of IRS-recommended governance policies.

If your Iowa nonprofit needs assistance drafting, reviewing, or updating a whistleblower policy or strengthening its overall Form 990 governance framework, contact me anytime. I offer free consultations. My email is: gordon@gordonfischerlawfirm.com

January 26, 2026/by Lexi Luneckas
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png 0 0 Lexi Luneckas https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Lexi Luneckas2026-01-26 19:01:232026-01-26 19:01:23Whistleblower Policies for Iowa Nonprofits: Legal Requirements, IRS Guidance, and Best Practices

Why Your Nonprofit Needs a Strong Investment Policy

Nonprofits

January 22, 2026

If your nonprofit holds financial assets—whether as operating reserves, short-term funds, or long-term endowments—having a written Investment Policy is essential for responsible stewardship and sound governance.

What is an Investment Policy?

An Investment Policy is a formal set of guidelines that explains who makes investment decisions, how those decisions are made, and what goals and limits guide investment activity. It provides clarity on acceptable asset types, risk tolerance, reporting expectations, and the procedures your organization uses to manage and monitor investments.

A well-crafted policy should:

  • Align investment activity with your mission and financial needs

  • Define roles and responsibilities for investment decision-making

  • Describe how investments will be selected, monitored, and evaluated

  • Explain risk management, diversification, and liquidity considerations

  • Establish reporting and oversight procedures for leadership and the board

Why It Matters

Here’s why an Investment Policy deserves attention:

1. Protects Your Organization from Poor Decisions
Investing without formal guidelines makes it easy to drift into unsupportable risk or inconsistent practices. A written policy helps safeguard assets and supports thoughtful decision-making.

2. Supports IRS Form 990 Reporting
While the IRS doesn’t require an Investment Policy, Form 990 asks detailed questions about investments and oversight. Having a documented policy makes reporting easier and more accurate, reducing stress at filing time.

3. Preserves Endowment and Long-Term Funds
For organizations with endowed funds or long-term financial commitments, a policy helps protect resources meant to last for generations by defining investment goals and risk thresholds.

In other words, funds in which the assets are intended to last in perpetuity and are required to support the organization’s programs and services over the long term.

Who Should Be Involved

A clear Investment Policy assigns responsibility so everyone knows who does what:

  • Board of Directors: Provides oversight, reviews performance, and updates the policy at least quarterly.

  • Finance or Investment Committee: May be formed to support decision-making and supervision.

  • Executive Director/Staff: Can monitor investments and coordinate with outside advisors.

  • Financial Advisor/Manager: Many nonprofits hire professionals to implement strategies consistent with the policy.

board training at wood table

Making Smart Investment Decisions

When your organization evaluates investment options, consider:

  • What are your short-, medium-, and long-term financial needs?

  • What level of risk is acceptable?

  • How liquid do assets need to be?

  • How will you measure performance and report results?

Answering these questions in advance—and formalizing them in policy—keeps decision-making consistent and aligned with your mission.

Regular Oversight & Review

Investments and financial markets change over time. That’s why your policy should include a process for regular monitoring and review. In that review, analyze performance measurement, risk assessment, and board evaluation.

Final Thoughts

A strong Investment Policy manages risk and gives confidence to your leadership, clarity to your staff, and credibility to donors and regulators. Thoughtful policy development can strengthen your nonprofit’s financial foundation and support its long-term mission.

Every nonprofit handles resources differently and your Investment Policy should reflect that. The right guidance can help you protect your assets while supporting the mission you care about most.

Curious about next steps? Connect with GFLF for a no-cost consultation.

January 22, 2026/by Lexi Luneckas
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png 0 0 Lexi Luneckas https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Lexi Luneckas2026-01-22 21:27:082026-01-22 21:33:38Why Your Nonprofit Needs a Strong Investment Policy

Iowa Nonprofit Articles of Incorporation: What They Are, Why They Matter, and How to Get Them Right

Nonprofits

January 21, 2026

Why Articles of Incorporation Matter More Than You Think

When people start a nonprofit, Articles of Incorporation often feel like a formality. Something you file once, put in a folder, and never think about again. In reality, Articles of Incorporation are one of the most important documents your nonprofit will ever adopt. They are the legal foundation of the organization. When they are clear and aligned with Iowa law and IRS expectations, everything that follows is easier. When they are vague, outdated, or copied from a generic template, problems tend to surface later, usually when the stakes are higher.

This guide is designed to explain what Articles of Incorporation actually do for Iowa nonprofits, what truly matters in drafting them, and how to approach this document with confidence.

How Articles Create a Nonprofit Under Iowa Law

Articles of Incorporation are the document that legally brings a nonprofit corporation into existence under Iowa law. Until they are filed and accepted by the Iowa Secretary of State, the organization does not exist as a legal entity. Once filed, the nonprofit can open bank accounts, enter into contracts, hold board meetings, and begin operating in a formal and recognized way.

Why Articles Matter for Federal Tax Exempt Status

If a nonprofit intends to apply for recognition as a tax exempt charitable organization, the Articles of Incorporation play a critical role. The IRS looks to the Articles to confirm that the organization is organized exclusively for permitted purposes and that its assets are permanently dedicated to the public good. Clear and compliant Articles make the IRS review process smoother and reduce the risk of delays or follow up questions.

Iowa Nonprofit Articles of Incorporation Requirements

One of the most common misconceptions is that Articles of Incorporation must be long and detailed. Under Iowa law, the required elements are actually quite limited.

What Iowa Law Requires in Articles of Incorporation

A valid set of Articles of Incorporation for an Iowa nonprofit must include the following:

  • The corporate name, which must be distinguishable from other entities authorized to do business in Iowa and must not imply an unlawful purpose
  • The name and street address of the initial registered agent and registered office
  • The name and address of each incorporator
  • A statement indicating whether the nonprofit will have members
  • A provision addressing the distribution of assets upon dissolution, consistent with law
  • If any of these elements are missing, the filing will be rejected.

What Iowa Law Allows but Does Not Require

In addition to the required elements, Iowa law allows nonprofits to include optional provisions if they choose. Common examples include:

  • A purpose clause describing why the organization exists
  • The names and addresses of initial directors
  • Governance provisions that could otherwise appear in the Bylaws
  • Liability limitation or indemnification language for directors

These provisions can be helpful, but they are not mandatory. Including more language than necessary does not automatically make the Articles better.

Why Knowing the Difference Matters

Understanding what must be included versus what may be included helps nonprofits avoid overloading their Articles. Many governance details are better handled in Bylaws, which are
easier to amend and adapt over time.

IRS Requirements for Charitable Nonprofit Articles

If an Iowa nonprofit intends to qualify as a charitable organization under Section 501(c)(3) of the Internal Revenue Code, the IRS expects certain provisions to appear in the Articles of
Incorporation.

Purpose Clause Requirements

The Articles must clearly limit the organization’s purposes to one or more exempt purposes recognized by the IRS, such as charitable, educational, religious, or scientific purposes. This language signals that the organization exists to benefit the public rather than private individuals.

Dissolution Clause Requirements

The Articles must state that if the organization dissolves, its remaining assets will be distributed for an exempt purpose or to a governmental entity for a public purpose. This ensures that charitable assets remain dedicated to charitable use.

Private Inurement and Political Activity Restrictions

The Articles should confirm that no part of the organization’s net earnings will benefit private individuals except through reasonable compensation for services, and that the organization will
comply with restrictions on political activity. These provisions reinforce the nonprofit nature of the organization.

Common Articles of Incorporation Mistakes Iowa Nonprofits Make

  • Even well intentioned organizations can run into trouble with their Articles. Common issues include:
  • Copying templates that do not match the organization’s mission or structure
  • Using purpose language that no longer reflects actual activities
  • Accidentally creating a membership structure when none was intended
  • Allowing Articles and Bylaws to contradict each other
  • Never updating Articles as the organization grows or evolves

These issues often remain hidden until the nonprofit applies for grants, completes major filings, or faces governance questions.

Articles of Incorporation vs Bylaws

What Belongs in the Articles of Incorporation

Articles are best limited to foundational information such as:

  • The existence and identity of the nonprofit
  • Core structural choices
  • Required tax exempt language

Articles establish the nonprofit but do not operate it day to day.

What Belongs in the Bylaws

Bylaws are where operational and governance details belong, including:

  • Board size and terms
  • Officer roles and duties
  • Meeting procedures
  • Voting rules

Because Bylaws are easier to amend, they provide flexibility as the organization changes.

Amended and Restated Articles of Incorporation in Iowa

When a Nonprofit Should Update Its Articles

Nonprofits often amend their Articles when:

  • The mission has evolved or narrowed
  • Tax exempt language needs clarification
  • Governance structure changes
  • Inconsistencies with Bylaws are discovered

Updating Articles is common and healthy.

How Amended and Restated Articles Work

Amended and restated Articles replace prior versions entirely with a single updated document. This approach creates clarity and avoids confusion caused by multiple amendments scattered
over time.

Filing Articles of Incorporation in Iowa

Registered Agents and Registered Offices

The registered agent is the individual or entity that receives official legal and government notices. Choosing someone reliable and engaged is essential.

Filing with the Iowa Secretary of State

Articles must be signed by an incorporator and filed with the Iowa Secretary of State. Filings are reviewed for compliance before acceptance.

The Organizational Meeting After Filing

Once the Articles are accepted, the board may hold its organizational meeting to adopt Bylaws, elect officers, and formally begin operations.

Why Well Drafted Articles Make Everything Else Easier

Thoughtful Articles of Incorporation support strong governance, smoother IRS interactions, clearer board decision making, and long term organizational stability. They help a nonprofit focus on its mission rather than fixing avoidable legal issues.

Final Thoughts on Articles of Incorporation for Iowa Nonprofits

Whether you are forming a new nonprofit or reviewing documents adopted years ago, Articles of Incorporation are worth careful attention. A short review at the right time can prevent years of
downstream problems and provide a solid foundation for meaningful work.

Frequently Asked Questions

Do Iowa nonprofits really need Articles of Incorporation?

Yes. Articles are required to legally form a nonprofit corporation in Iowa.

Can a nonprofit change its Articles later?

Yes. Iowa law allows nonprofits to file amended and restated Articles when updates are needed.

Do Articles of Incorporation have to match the Bylaws?

Yes. These documents should align. Conflicts can create governance confusion and legal risk.

Do small nonprofits need the same language as larger ones?

The legal requirements are the same, though the complexity of optional provisions may differ.

What happens if our Articles are outdated?

Outdated Articles can cause problems with grants, IRS filings, and board operations. Updating them is often a wise step.

So, How Do I Go About Getting Articles of Incorporation

Each organization is unique and it’s smart to enlist someone (like an attorney well-versed in nonprofit law!) to draft a quality, comprehensive set of articles personalized for your nonprofit’s needs, mission, and goals.

Questions? Want to learn more about turning your dream of an organization that makes a significant impact or positive change? Grab my complimentary Nonprofit Formation Guide and then contact GFLF for a free consult!

January 21, 2026/by Lexi Luneckas
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png 0 0 Lexi Luneckas https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Lexi Luneckas2026-01-21 10:28:232026-01-21 10:39:37Iowa Nonprofit Articles of Incorporation: What They Are, Why They Matter, and How to Get Them Right
Page 1 of 134123›»

Find your topic among my 200+ posts:

Topics I write about:

  • Book Club (13)
  • Charitable Giving (95)
  • Employment Law (10)
  • Estates & Estate Planning (141)
  • Events (38)
  • From Gordon's Desk… (54)
  • Legal Word of the Day (13)
  • News (18)
  • Newsletter (16)
  • Nonprofits (119)
  • Powers of Attorney (23)
  • Taxes & Finance (61)
  • Trusts (30)
  • Uncategorized (5)
  • Wills (28)
  • Wills, Trusts & Estates (100)

Visit the blog

News, notes, and points-of-view on estate planning and nonprofit law

Gordon Fischer Law Firm, P.C.

Gordon is based in Cedar Rapids and serves clients all across Iowa

Get in touch

(515) 371-6077 gordon@gordonfischerlawfirm.com
Copyright © 2018 | Gordon Fischer Law Firm | Website developed by Illuminated
  • Facebook
  • Twitter
  • Instagram
  • Linkedin
Scroll to top