Nonprofits, Trade Associations & Tax-Exempt Organizations

The attorneys in our Non-Profit & Tax Exempt Organizations Group represent individuals and organizations in their activities involving private foundations, public charities and other types of tax exempt organizations. Our experience includes:

  • Establishment of the Non-Profit Entity: Formation of the organization; preparation of charters, bylaws and other governance documents; obtaining state and federal tax-exempt status and creation of policy manuals.
  • Governance, Restructuring and Multi-Organization Structures: Director and officer liability; revision of outdated charters/bylaws; standards for supporting/supported organization relationships; public charity and operating foundation status; voluntary compliance with Sarbanes-Oxley guidelines; best practices for board governance; conflict of interest policies; succession planning; books & records policies; ethics; mergers, acquisitions and dissolutions and domestic support for foreign foundations.
  • Business Transactions by Non-Profit Organizations: Executive contracts and compensation; avoiding intermediate sanctions and unrelated business income tax (UBIT); leases; joint ventures with for-profit partners and employment and labor relations.
  • Political and Lobbying Activities of Non-Profit Organizations and Associated Persons: Lobbying compliance (local, state, federal); campaign finance compliance (local, state, federal); directors, officers and employees' political participation; political action committees; issue advocacy and electioneering communications; 527 organizations; contributions and political expenditures; government procurement (including pay-to-play restrictions and disclosure requirements); audits and internal reviews; development of compliance policies and procedures, and restrictions on gifts, meals and entertainment for public officials.
  • Institutional Asset Management: Compliance with Uniform Management of Institutional Funds Act (UMIFA) and Uniform Prudent Management of Institutional Funds Act (UPMIFA); current trends in investment policy and investment committee structures and best practices.
  • Relationships with Fundraisers and Sponsors: Review of proposed contracts with professional fundraisers; consulting and advising on sponsorships, joint ventures and other special circumstances; and “cause marketing” relationships with celebrities and corporations.
  • Grant-Making Practices: Compliance with IRS requirements on qualification of grantees’ and grantors’ oversight obligations; development of guidelines for applicants, and evaluation of proposals and legal issues raised by grants to individuals.
  • Trusts and Estates: Family offices and family foundations; charitable remainder trusts; irrevocable life insurance trusts; charitable lead trusts and qualified conservation easements.
  • Social Enterprise: Membership organizations and micro-lending.
  • Specialized Organizations: Faith-based organizations; social welfare organizations under IRC 501(c)(4); trade & professional associations under IRC 501(c)(6); alumni associations and voluntary health organizations.

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Rebecca Moll Freed
Partner
973.230.2075

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Joseph M. Hannon
Counsel
973.535.7105

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Matthew I. W. Baker
Associate
973.646.3286

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