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Nonprofit Formation & Governance

HoganWillig provides comprehensive legal counsel in all aspects of nonprofit law, governance, regulation and charitable giving. Our attorneys provide practical strategies and structures for sound nonprofit governance and critical legal documents attuned to the unique nonprofit needs of each client.

HoganWillig has provided representation to clients in connection with the application for tax exemption under Internal Revenue Code Section 501(c) and specifically charitable organizations, including public charities, private foundations, operating foundations, and supporting organizations seeking tax exempt status under Internal Revenue Code Section 501(c)(3). We also pursue corresponding exemptions on a state level (income and sales tax) and work with the NYS Charities Bureau with respect to any required filings or reports.

Other Areas of Focus include:

  • Formation and incorporation including required consents as required under the NYS NFPL
  • Governance and board structure, composition, roles, and responsibilities
  • Board/staff relationships, responsibilities, and delegation of authority
  • Liability, risk management, insurance
  • Corporate practices and recordkeeping
  • Mergers and dissolutions
  • Ongoing counsel on state and federal tax compliance issues
  • Document preparation and review, including but not limited to:
    • Articles of Incorporation
    • Nonprofit Bylaws
    • Conflict of interest policy
    • Code of ethics
    • Gift acceptance policy
    • Document retention/destruction policy
    • Whistleblower policy
    • Federal and State tax exemption applications
    • Contracts and legal agreements, such as fiscal sponsorship agreements and grant agreements
    • Merger & acquisition documents
    • Dissolution documents

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