Our clients run the gamut from recently incorporated, fledgling nonprofit organizations to well-established, well-known organizations with multi-million dollar budgets and a global presence. We take care and pride in carefully tailoring the types of legal services we provide for a particular client to the needs of that client. For some clients, we act as outside general counsel or outside federal tax counsel (or both), addressing the full range of legal or tax issues that the organization is confronted with in the course of furthering its nonprofit mission. For other clients, we handle discrete legal and tax issues when our specialized knowledge or experience is needed to supplement the organization’s in-house legal and tax capabilities. Finally, for many clients, our principal role is to provide the experience and substantive knowledge needed to guide them through an IRS audit, voluntary disclosure, criminal investigation, or state or federal court action. Whatever a client’s need may be, our goal is to provide outstanding legal services and build a professional relationship that extends beyond the issue or crisis at hand.
The following is a list of the most common types of legal services we provide to our clients, as well as the most common legal issues we have addressed for our clients. We have also addressed many other tax and legal issues for our clients, so please contact us to discuss our experience and ability to help with other issues not identified below.
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- Articles of Incorporation/Certificates of Formation
- Bylaws
- Tax Identification Number
- Board of Director Formation
- Registration to do Business
- Fictitious Name Registration
- Structuring and Operation of Subsidiary Entities
- Conversion of Entities
- Mergers and Aquisitions
- Asset Purchase Agreements
- Winding down and Dissolution of Entities
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- Drafting and Filing of Application for Exemption under 501(c)(3) (IRS Form 1023)
- Drafting and Filing of Application for Exemption under 501(a) (IRS Form 1024)
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- Assistance and Training of Board of Directors
- Board Meeting Attendance and Documentation
- Corporate Resolution Drafting
- Conflict of Interest Avoidance, Disclosure, and Documentation
- Whistleblowing Compliance
- General Religious Nonprofit Corporate and Commercial Law Issues
- Risk Management of Nonprofit Organizations
- Succession Planning
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- Annual Information Returns (Form 990)
- Guidance Regarding Expenditure of the Organizational Funds
- Charitable Giving Rules
- Charitable Donations and Substantiation
- Planned Giving Issues
- Charitable Soliciation Registration and Compliance
- Compliance with Federal Guidelines Regarding International Activities
- Insurance Coverage Considerations and Guidance
- Unrelated Business Activities
- Vendor Contracts
- Bonds, Notes Payable, and Alternate Financing
- Exempt Security Offerings
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- Parsonage and Housing Allowance Issues
- Confidentiality Issues and the Clergy-Penitent Privilege
- Implications of Self-Employment vs. Employee Classification
- Implications of Opting Out of Social Security
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- Child Abuse Prevention Training
- Release Forms and Waivers
- Assistance with Responding to Child Abuse Allegation
- Child Abuse Reporting Compliance
- Children's Ministry Policies and Handbooks
- Employee and Volunteer Screening
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- Employment Policies and Handbooks
- General and Executive Level Employee Contracts
- Early Retirement and Incentive Structuring
- Employee Complaints and Discrimination Allegations
- Wage and Hour Disputes
- Wrongful Discharge Claims
- Sexual Harassment Compliance and Complaints
- Worker Classification (Employee vs. Independent Contractor)
- Independent Contractor Analysis
- Termination of Employment
- Separation Agreements
- Confidentiality Agreements
- Volunteer Policies and Handbooks
- Structuring and Compliance of Internship Programs
- Social Media Policies
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- Compensation Studies
- Formation of Independent Compensation Committees
- Parsonage Allowance or Housing Allowance Documentation
- 403(b) Plans
- Rabbi Trusts
- Intermediate Sanctions
- Excess Benefit Transactions
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- Copyright Registration
- Trademark Registration
- Music and Video Licensing, Production, and Duplication
- Intellectual Property Agreements
- License Agreements
- Royalty Agreements
- Copyrighted Materials Advice
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- Representation before Governmental Entities
- Asset Purchases, Leases, and Sales Guidance
- Commercial Lease Agreements
- Zoning Law Representation
- Construction Contracts Negotiating and Drafting
- Eminent Domain Issues
- Adverse Possession Claims
- Liens, Deed Restrictions, and other Title Related Issues
- Finance and Traditional Third-Party Private Financing
- Cell Phone Tower Lease Negotiating and Drafting
- Oil and Gas Lease Negotiating and Drafting
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- Unrelated Business Income (UBI) Tax Issues
- IRS Audits: Organizational and Personal
- IRS Appeals: Protests and Appeals Conferences
- Penalty Abatement Requests
- Tax Compliance Reviews
- IRS Private Letter Rulings
- Tax Opinion Letters
- Employment Tax Withholding Issues
- FBAR Reporting
- State Franchise Tax Exemptions
- State Sales Tax Exemptions
- State Property Tax Issues
- Charitable Solicitation and Acknowledgment
- Excess Benefit Transaction
- Private Foundation Issues: Distribution Requirements, Expenditure Responsibility, and Scholarship Programs
- Fring Benefits
- Jeopardy Investments
- Private Benefit/Inurement
- Voluntary Disclosures (Non-filing and Non-payment of Taxes)
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- Contractual Disputes
- Insurance Disputes
- Real Estate Transactions, including religious and educational ad valorem exemption
- Employment and Discrimination Action
- Construction Disputes
- Federal Excise Tax Action
- Federal Question Action
- Freedom of Information Act (FOIA) Action
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- Corporate Governance
- Management and Leadership Policies and Procedures
- Sexual Misconduct
- Child Care Policies
- Counseling
- Employment Policies and Procedures
- Volunteer Policies and Procedures
- Consent Forms
- Significant Contractual Matters
- Intellectual Property Policies and Procedures
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- Guidance Regarding Restrictions on Political Activities and Lobbying
- Governmental Agency Representation
- Legislative Representation and Lobbying, State and Federal