Hurwit & Associates - Nonprofit Law : Areas of Practice
Nonprofit Law Resource Library

Nonprofit Law : Areas of Practice
 

Hurwit & Associates - Nonprofit Law : Areas of Practice Overview

Hurwit & Associates represents over four hundred nonprofit and philanthropic organizations based in twenty-three states and sixteen countries. Our clients cover the spectrum of nonprofit law program areas and activities. Specific areas of counsel include:

 

Nonprofit Law and Corporate GovernanceNonprofit Law and Corporate Governance

  • Formation and incorporation
  • Governance and board structure, composition, roles, and responsibilities
  • Board/staff relationships, responsibilities, and delegation of authority
  • Conflicts of interest
  • Liability, risk management, insurance
  • Regulatory compliance and annual reporting
  • Mergers and affiliations
  • Corporate practices and recordkeeping
  • Corporate dissolutions

 

Tax-Exempt Organization Law and Regulation

  • Counsel to the following classifications of 501(c) tax-exempt organizations:
- 501(c)(2) Corporations holding property for tax-exempt organizations
- 501(c)(3) Charitable organizations, including public charities, private foundations, operating foundations, and supporting organizations
- 501(c)(4) Civic organizations
- 501(c)(5) Labor organizations
- 501(c)(6) Professional, business, and trade associations, chambers of commerce
- 501(c)(7) Social and recreational clubs
- 501(c)(8), (9), and (10) Employee associations and fraternal organizations
  • Obtaining and maintaining tax-exempt status
  • Advocacy, lobbying, and political activities
  • Grantmaking practices
  • Executive compensation
  • Intermediate sanctions
  • Public charity support tests and qualification
  • Private foundation rules and regulations
  • Operating foundation and supporting organization qualification and operating standards
  • Disqualified person and self-dealing rules
  • Commercial and entrepreneurial activities
  • Taxation of unrelated business income
  • Corporate Sponsorships
  • Annual reporting, Forms 990

 

Charitable Contributions, Trusts, and Endowments

  • Charitable gifts, contributions, and deductibility
  • Endowments: creation, use, and management
  • Endowment policies
  • Donor gift instruments including restricted and outright gifts, donor advised funds, and board designated funds
  • Modification of charitable trusts (under the doctrine of Cy Pres)

 

Nonprofit Intellectual Property

  • Protecting and managing intellectual property:
    - Copyrights, trademarks, names, logos, and patents
    - Research, business methods, work processes, and trade secrets
  • Licensing and royalty agreements
  • Private vs. organizational ownership of intellectual property
  • Confidentiality, non-competition, and non-solicitation agreements

 

Nonprofit Organizational Relationships

  • Inter-organizational relationships:
- Mergers, acquisitions, consolidations, and dissolutions
- Agreements for joint services, funding, administration, and joint venturing
- Design and implementation of strategic alliances and collaborations
  • Intra-organizational relationships:
- Board/staff relationships and responsibilities
- Executive and staff employment agreements
- Contracts for independent contractors, vendors, and consultants

 

Technical Assistance

  • Financial Management and Compliance:
- Annual corporate, tax, and informational filings
- Implementation and management of nonprofit accounting software and charts of accounts.
- Consulting regarding financial statements, and fundraising, grant, and program accounting
  • Computer and Telecommunications:
- Computer, technical, and web consulting, including network setup, web site programming, general hardware and software consulting and upgrading, and trouble-shooting
 
 
 
 
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