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Nonprofit: Formations, Operations and Governance
Our attorneys serve as trusted advisors to California nonprofit organizations. We believe that a preventative approach is the most effective way to mitigate risk and work with new and established nonprofit organizations to develop and improve sustainable and legally compliant systems that serve their missions.
We can help nonprofit leaders start new California nonprofit corporations by advising on corporate structures, preparing and filing incorporation paperwork, and putting other building blocks in place to create sustainable, high-impact organizations.
We advise clients on the benefits and responsibilities of obtaining and maintaining tax-exempt status including helping them apply for tax-exempts status as 501(c)(3) public charities and maintaining 501(c)(3) exempts status, by complying with IRS and state regulations relating to private benefit issues, executive compensation, lobbying, and other nonprofit requirements.
Our attorneys are governance experts and help boards implement governance best practices. We help board members navigate difficult governance issues, such as managing self-dealing transactions and other conflicts of interest. We can also provide trainings to boards on governance, fundraising compliance, fiduciary duties, harassment and discrimination, and other trainings related to nonprofit operations.
A core part of our governance work is assisting boards with their governing documents. Attorneys in our Nonprofit Group routinely work with executive leadership and their boards to prepare or update governing documents, including articles of incorporation, bylaws, conflict of interest policies, whistleblower policies, and other board policies and procedures.
For many nonprofits, their volunteers are the lifeblood of their organizations. Other nonprofits provide internships to students, and others provide invaluable learning opportunities to future nonprofit leaders. However, these relationships can present unique legal issues and risks, which our attorneys help nonprofits understand and manage. We also assist with drafting internship agreements, volunteer waivers and releases, volunteer codes of conduct, and other policies and procedures for nonprofit volunteer and internship programs.
California tax-exempt nonprofit organizations have a number of unique fundraising advantages and opportunities at their disposal, including the ability to raise deductible donations and conduct raffles. LCW can assist nonprofits navigating the tricky landscape of soliciting, receiving and acknowledging tax-deductible contributions; drafting gift agreements; holding fundraising events such as raffles; and working with commercial fundraising vendors.
We have extensive experience advising California community college foundations, including independent organizations and auxiliary organizations. We can assist with auxiliary formations, dissolutions, and compliance matters. We can also help navigate the complex regulatory environment that applies to community college auxiliary foundations, by reviewing and revising operating agreements, bylaws, articles of incorporation, and providing governance training and organizational relationship advice.
- SAN FRANCISCO
- LOS ANGELES
- SAN DIEGO