Foundation Establishment & Management

“We make a living by what we get, but we make a life by what we give”
Winston Churchill

These are the services our law firm provides for Foundation Establishment, Management, Growth and Oversight

1. Foundation Formation & Legal Structuring

  • Advising on the selection of a public vs. private foundation based on client goals.
  • Drafting and filing articles of incorporation in compliance with state laws.
  • Preparing foundation bylaws and governance policies.
  • Assisting with the application for 501 (c)(3) tax exempt status (Form 1023 or 1023-EZ)
  • Structuring initial funding and endowments to meet IRS regulations.

2. Governance and Compliance Support

  • Establishing a board of directors or trustees with governance best practices.
  • Advising on conflict-of-interest policies and compliance with IRS rules.
  • Ensuring compliance with self-dealing rules, excess business holdings, and lobbying restrictions.
  • Providing guidance on reporting and transparency requirements, including Form 990/990-PF filings.

3. Tax & Financial Oversight

  • Advising on IRS and state tax compliance for public and private foundations.
  • Ensuring private foundations meet the 5% minimum distribution requirement.
  • Providing legal support for investment strategies while avoiding jeopardizing investments.
  • Managing tax obligations, including excise taxes or investment income from private foundations.

4. Grant Making & Program Development

  • Structuring grant-making policies and compliance protocols.
  • Assisting with IRS-required pre-approval for individual grant programs (e.g., scholarships).
  • Drafting legal agreements for grants, partnerships and program-related investments.
  • Advising on best practices for charitable activities and fund distribution.

5. Risk Management and Legal Protection

  • Ensuring compliance with federal and state nonprofit regulations.
  • Advising on liability protections for board members and officers.
  • Assisting with intellectual property protections (e.g., trademarks for the foundation’s name and branding).
  • Providing legal strategies to minimize risks of IRS audits or penalties.

6. Growth & Long Term Planning

  • Advising on fundraising strategies and compliance with charitable solicitation laws.
  • Structuring sustainable endowment and investment policies.
  • Assisting with strategic partnerships and collaborations to increase impact.
  • Planning for leadership succession and long term sustainability.

7. Ongoing Legal Counsel & Support

  • Providing annual compliance reviews and legal audits.
  • Representing foundations in legal disputes or regulatory matters.
  • Advising on changes in nonprofit laws and IRS regulations.
  • Offering continued legal and strategic guidance for expansion and impact.

©2025

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