Entity Formation and Tax Issues. We are experienced in establishing various not-for-profit and tax-exempt entities and setting up groups of related organizations, including for-profit subsidiaries. We can assist in obtaining determinations of federal and state tax-exempt status with income, property, real property, and sales tax. Our attorneys are also adept at advising on matters related to fundraising, particularly as it concerns institutional planned giving vehicles and the use of donated funds.
Negotiating and Drafting Contracts with External Parties. Attorneys in our Not-For-Profit Organizations Group regularly represent clients in the drafting, review, and negotiation of agreements of every sort relating to business transactions and arrangements, including joint venture agreements, corporate organizational agreements, supply agreements, purchasing agreements, equipment leasing agreements, loan and financing documents, consulting agreements, non-disclosure agreements, non-compete agreements, employment agreements, leases, and service agreements.
Operational Issues. We can assist with all matters related to running a successful not-for-profit organization, including development and maintenance of corporate governance procedures and other policies, interaction with the New York State Attorney General’s Office and other regulatory agencies regarding compliance issues, and matters involving financial and investment issues. We work with clients to prepare, file, and maintain their organization’s certificate of incorporation, by-laws, and other organizational documents. Our attorneys also provide counseling related to the fiduciary responsibilities of directors and officers.