OUR EXPERIENCE
We serve nonprofits of all types and sizes, offering creative legal advice grounded in over 20 years of specialized experience in nonprofit law.
In addition to serving a wide variety of nonprofit organizations, our clients also include donors making significant or complex gifts, businesses forming foundations for cause-marketing campaigns, and nonprofit founders considering the best philanthropic vehicle to meet their needs.
RESOURCES
Free Guides for your Nonprofit Organization
How to Start a Nonprofit
State Registration
Nonprofit Legal Checklist
Taking minutes of nonprofit board meetings
How To Set the Compensation of Nonprofit Executives
How to Start a Nonprofit
Before you form a legal entity and apply for tax-exempt status, you need a strong, well-researched plan for your organization. Download our free guide to learn about the many elements needed to run a successful nonprofit organization, as well as how to avoid common pitfalls and mistakes.
State Registration
Most states require you to register your organization if you solicit donations from their residents. Many states also require registration if your organization collects substantial or ongoing donations from their residents, even if you aren’t specifically targeting donors in that state. Download our comprehensive list of each state’s requirements.
Nonprofit Legal Checklist
There are many legal issues specific to nonprofit organizations that can be easily prevented by taking certain steps early on in the life of the organization. For more established nonprofits, it’s a good idea to conduct a periodic review of your compliance documents, tax filings, and record keeping. We created this checklist to help you understand the items that a lawyer will assess when reviewing the overall legal health of your nonprofit organization.
Taking minutes of nonprofit board meetings
Meeting minutes are a necessary form of record-keeping for all nonprofit organizations, regardless of size. These records can be used as legal evidence by the courts, IRS, and other regulators, so it’s important to ensure minutes are properly completed and stored. But where do you start?
How To Set the Compensation of Nonprofit Executives
Executives from tax-exempt organizations can only be paid “reasonable compensation” for their services.
To avoid excise taxes, nonprofits should strongly consider increasing the time and attention they devote to investigating, deliberating, documenting, and reporting executive compensation.
CharityLawyer Blog offers plain language explanations of complex nonprofit law concepts, discussions of current events and links to valuable resources for nonprofits.
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FEATURED BLOG POSTS
- How Should Your Nonprofit Set the Compensation of its Executives?
A nonprofit’s board of directors is responsible for establishing the compensation (salary and benefits) for the chief executive (typically referred to as either the Executive Director, the CEO, or the President). Although the IRS does not provide specific dollar amounts or an acceptable range of compensation levels, they stipulate that compensation must be reasonable and not excessive; “reasonable” is defined as the value that would ordinarily be paid for like services by like enterprises under like circumstances.
- The Consequences for Violating Articles & Bylaws
Ultra vires is a Latin term conveying that acts outside the permissible scope of authority set forth in a corporation’s governing documents are an unauthorized activity that cannot be ratified by its Board of Directors. Although many states have effectively abolished this common law concept by granting corporations significant autonomy, ultra vires continue to be an important doctrine in the tax-exempt nonprofit context because such organizations are required to limit their powers to qualify for tax exemption.
- ONLINE FUNDRAISING
The need to register is triggered by active solicitation efforts such as sending out mailers or participating in commercial co-ventures. The charity does not need to actually receive a donation to trigger registration in many states.
