We are dedicated to supporting the vital work of mission-driven organizations. Understanding that nonprofits face a unique set of legal and operational challenges, we provide tailored counsel to help you navigate the complexities of formation, compliance, and governance. Our goal is to build a durable legal foundation so you can focus on what matters most: achieving your mission and making a positive impact.
Formation and Tax Exemption
The path to establishing a fully recognized, tax-exempt organization is intricate. We manage the entire process with precision to ensure you start on solid legal ground.
- Entity Formation: Guiding founders in the formation of nonprofit corporations, including drafting specialized Articles of Incorporation and Bylaws that meet both state and federal requirements for tax exemption.
- Application for Tax-Exempt Status: Preparing and filing the comprehensive Application for Recognition of Exemption (IRS Form 1023 series) to obtain federal tax-exempt status under Internal Revenue Code Section 501(c)(3).
- Strategic Classification: Advising on the important distinction between public charity and private foundation status and structuring the organization to achieve the desired classification from the outset.
Governance and Board Advisory
Effective and ethical governance is the cornerstone of a nonprofit’s success and public trust. We provide boards with the tools and guidance they need to lead effectively and fulfill their fiduciary duties.
- Governance Design: Designing robust governance structures and drafting key policies essential for nonprofit best practices, including Conflict of Interest, Whistleblower, and Document Retention policies.
- Board of Directors Counsel: Advising the board on their fiduciary duties of care, loyalty, and obedience, and providing guidance on running effective meetings, maintaining proper minutes, and managing director responsibilities.
- Bylaw Review and Updates: Assisting established organizations in reviewing and amending their bylaws to reflect their current operations and to comply with evolving laws.
Regulatory Compliance and Operations
Maintaining tax-exempt status requires diligent adherence to a complex web of ongoing regulations. We help you manage these obligations efficiently so you can avoid penalties and protect your standing.
- Ongoing Compliance: Managing annual state and federal reporting requirements, including providing guidance for the preparation of the IRS Form 990.
- Fundraising and Solicitation: Assisting with state-specific charitable solicitation registration and compliance for organizations that fundraise nationally.
- Operational Counsel: Providing guidance on complex operational issues, such as Unrelated Business Income Tax (UBIT), grant agreements, lobbying and advocacy rules, and reviewing contracts to minimize liability.
We are dedicated to supporting the vital work of mission-driven organizations. Understanding that nonprofits face a unique set of legal and operational challenges, we provide tailored counsel to help you navigate the complexities of formation, compliance, and governance. Our goal is to build a durable legal foundation so you can focus on what matters most: achieving your mission and making a positive impact.
Formation and Tax Exemption
The path to establishing a fully recognized, tax-exempt organization is intricate. We manage the entire process with precision to ensure you start on solid legal ground.
- Entity Formation: Guiding founders in the formation of nonprofit corporations, including drafting specialized Articles of Incorporation and Bylaws that meet both state and federal requirements for tax exemption.
- Application for Tax-Exempt Status: Preparing and filing the comprehensive Application for Recognition of Exemption (IRS Form 1023 series) to obtain federal tax-exempt status under Internal Revenue Code Section 501(c)(3).
- Strategic Classification: Advising on the important distinction between public charity and private foundation status and structuring the organization to achieve the desired classification from the outset.
Governance and Board Advisory
Effective and ethical governance is the cornerstone of a nonprofit’s success and public trust. We provide boards with the tools and guidance they need to lead effectively and fulfill their fiduciary duties.
- Governance Design: Designing robust governance structures and drafting key policies essential for nonprofit best practices, including Conflict of Interest, Whistleblower, and Document Retention policies.
- Board of Directors Counsel: Advising the board on their fiduciary duties of care, loyalty, and obedience, and providing guidance on running effective meetings, maintaining proper minutes, and managing director responsibilities.
- Bylaw Review and Updates: Assisting established organizations in reviewing and amending their bylaws to reflect their current operations and to comply with evolving laws.
Regulatory Compliance and Operations
Maintaining tax-exempt status requires diligent adherence to a complex web of ongoing regulations. We help you manage these obligations efficiently so you can avoid penalties and protect your standing.
- Ongoing Compliance: Managing annual state and federal reporting requirements, including providing guidance for the preparation of the IRS Form 990.
- Fundraising and Solicitation: Assisting with state-specific charitable solicitation registration and compliance for organizations that fundraise nationally.
- Operational Counsel: Providing guidance on complex operational issues, such as Unrelated Business Income Tax (UBIT), grant agreements, lobbying and advocacy rules, and reviewing contracts to minimize liability.
