The legal needs of Nonprofit Organizations are truly unique because they operate to a large degree within a completely different regulatory environment which is often misunderstood. Adding to this confusion, especially in the State of New York, are the different rules which apply to a Nonprofit Organization depending on whether it was formed under the Not-for-Profit Corporation Law, the NYS Education Law, the laws of another state, as a subsidiary or branch of a parent organization by grant of a Charter, or one of a multitude of other ways. In each instance, the applicable rules and compliance issues are different.
Nonprofit Organizations are mission-driven. This means that in everything they do, the organization needs to evaluate how a given decision or activity fits within the purpose or mission of the Organization. To the extent that the organization ignores this mandate, it potentially jeopardizes its funding, its immunity from liability, its tax-exempt status (if applicable), and in extreme circumstances, even its continued existence.
We pride ourselves on our expertise with Nonprofit Organizations and truly enjoy working with people who are trying to help their communities.
We'd be happy to assist with any of the following issues, among others:
Formation of new entities, including drafting of initial Articles of Incorporation, Constitution, and/or other governing documents
Registration with the NYS Charities Bureau and/or other State regulatory agencies
Application for Tax-Exempt recognition from the IRS and State Tax Departments
Application for Sales Tax exemption
Applications for property tax exemption
Drafting or revising Bylaws and other internal governance documents or policies
Drafting or revising lease agreements or handling other Real Estate matters
Drafting or revising a Fiscal Sponsorship agreement
Advising on Board structure, membership, voting rights, fundraising regulations and charitable contributions, restricted gifts, and endowments
Assisting with any Planned Giving or litigation matter
Establishing a subsidiary LLC to hold Real Estate to limit liability, or a for-profit subsidiary to preserve tax-exempt status from revocation related to substantial Unrelated Business Income Tax (UBIT)
Contact our office to schedule a consultation regarding your Nonprofit concerns.