We represent not-for-profit organizations in all aspects of their operations and management. The legal needs of our clients cover the spectrum of the firm’s practice areas and as a result, attorneys in various practice areas of the firm have experience advising not-for-profit organizations.
Our work on behalf of not-for-profit organizations includes compliance with federal and state exempt organization tax laws, including Section 501(c)(3) of the Internal Revenue Code and state laws governing exemptions from real property tax and sales and use tax; unrelated business income tax (UBIT) and related issues; self-dealing and intermediate sanctions issues arising from executive compensation and other arrangements with staff, board members, donors and their families; and planned giving arrangements, and other types of charitable gifts.
We advise clients on organizational structure, entity formation, and fundamental governance issues including the fiduciary duties of board members and officers, conflicts of interest, committee responsibilities and charters, and indemnification rights.
In addition to this traditional representation, we have developed a specialty practice in the area of financing not-for-profit projects. Drawing on financial experience from our work in the areas of business, tax and real estate, we work with not-for-profit corporations to facilitate the financing of housing opportunities for the elderly, low-income individuals and persons with disabilities.
We often assist in the preparation of grant and lender applications, and entity structuring and restructuring to facilitate the issuance of bonds to obtain funding for projects being developed by not-for-profit organizations. In some cases, the not-for-profit agencies involved are established organizations; in other cases, we assist in creating new entities to meet a specific need.
To successfully complete such complex projects, we often collaborate with the Intellectual Property, Real Estate, Litigation, Employee Benefits, Business Transactions, and Tax Planning and Advocacy Practice Groups to assemble a team that can handle all aspects of a specific project. By pooling our knowledge, talent and experience, we serve the complete legal needs of our not-for-profit organizations clients.
Types of Not-For-Profit / Tax Exempt work we do:
- Board of Directors
- Charitable Planning
- Donor Advised Fund
- Formations and Disolutions
- Hospital Representation
- IRS Determination
- Joint Ventures
- NYS Not-for-Profit Regulations and Laws
- Restricted Gifts
- Strategic Partnerships
- Tax Exempt Status