Nonprofit & NGOs

Nonprofits (Not-for-profit) startup and ongoing development

When you decide to start a nonprofit, you are deciding to embark upon an exciting adventure. The primary driving force is usually the desire to make a difference, to impact a community, or to advocate for change. Of course, there are many types of non profits including those that are strictly non profit corporations organized in your state, but most desire to also apply for IRS tax exempt status. Depending on your state or jurisdiction (both Florida and DC) require at least a 3 person Board of Directors to oversee the corporation. There are other state specific laws related to the development and the operation of your nonprofit (not for profit) corporation, sales tax, and charitable solicitations. On the federal level, if you are seeking IRS tax exempt status, there is an additional layer of start-up requirements and on-going operations. The IRS website is actually a source of great information on these requirements and for smaller nonprofits they have an easy online application. Of course, as a lawyer practicing in the area of nonprofit law, I cannot say enough about getting started on the right foot through proper legal and tax guidance. But, if you find yourself already in the midst of operation, we can still assist. As well, we recommend that all nonprofits go through periodic reviews of their policies, procedures, and legal requirements to ensure they are current and compliant.  

We assist all types of nonprofits including small community charities, political 501(c)(4)s, private foundations, associations, religious organizations, nonprofit hospital or community health systems, among others. 

Types of legal services:

• Startup 
• Compliance audits – do your forms, policies, and procedures, bylaws reflect current laws. 
• Board development and training 
• Policies and procedures
• Records management
• Specialized nonprofits who must comply with state or federal regulations (e.g. adoption agencies, child welfare/foster care agencies, surrogacy agencies, egg donor agencies, embryo donor agencies)
• Fundraising and Charitable giving issues and procedures
• Conflict of Interest issues
• Director/Employee/Contractor compensation issues
• Grant reviews for compliance
• Membership issues
• Lobbying and advocacy
• NGO Consultative Status with the UN
• Shadow reporting/white paper preparation
• International aspects/NGOs

In regards to employment and intellectual property, we defer to specialist attorneys in these areas as most employment and IP laws apply equally to for profit and non profits, though for special issues, we can work collaboratively with your specialist lawyer to solve problems.