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
- Advising on the selection of 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.
- 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 900/990-PF filings.
- Advising on IRS and state tax compliance for public and private foundations.
- Ensuring private foundations meet with 5% minimum distribution requirement.
- Providing legal support for investment strategies while avoiding jeopardizing investments
- Managing tax obligations, including excise taxes on investment income for private foundations.
- 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.
- 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.
- 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.
- Providing annual compliance reviews and legal audits.
- Representing foundations in legal disputes and regulatory matters.
- Advising on changes in nonprofit laws and IRS regulations.
- Offering continued legal and strategic guidance for expansion and impact.
