Our mission is to support your mission

Training and practical advice for organization leaders. Nothing is more frustrating as a director or trustee of a not for profit or mission-based organization than feeling like you are not able to actively contribute to the organization reaching its goals. Our attorneys not only provide counsel on legal and regulatory requirements, they:

• Provide training on best practices in governance to directors and trustees.
• Work with boards of directors and executives to implement a system of policy-based governance, clearly delineating between the board’s role as a policy maker and the executives’ roles in managing the organization.
• Review and revise an organization’s bylaws to assure that boards and executives can carry out their roles effectively.

Facilitating consolidation. As the economic environment and other conditions affecting an organization’s operations change, it may be advantageous for nonprofits to partner with one another, consolidate operations or merge. We represent boards of directors and their organizations in discussions related to possible affiliations, including mergers and acquisitions, bridge boards and joint venture collaborations.

Keeping compensation competitive while meeting regulatory requirements. Organizations exempt from federal income taxation must establish that the compensation paid to their senior executives is reasonable in order to comply with regulatory requirements. To this end, our lawyers advise boards of directors and compensation committees nationwide on executive compensation, including:

• Working collaboratively with compensation consultants to establish compliant documentation for the organization to rely on its making its compensation decisions.
• Providing counsel on the reasonableness requirement mandated by law.
• Helping committees and boards document their deliberations in reaching decisions on executive compensation.

Our team has advised on nonprofit CEO compensation and employment agreements for nonprofit and tax-exempt organizations throughout the United States.

Navigating the paperwork and the process. Our team works with public charities and private foundations to complete and submit the application for tax exemption on Form 1023 or 1024, and to follow through with the IRS until a favorable determination letter is issued. We also work closely with clients to analyze their operations and charitable solicitations and complete any required state registration forms. 

Funding your organization’s future through tax-exempt bonds. Organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code may qualify for obtaining financing through tax-exempt bonds. Members of our Nonprofit & Tax Exempt Organizations Team act as borrower’s counsel in structuring these financings, including negotiating:

• Master trust indentures
• Loan agreements
• Letter of credit agreements
• Official statements
• Line of credit agreements
• Liquidity support agreements
• Other related documents

In addition, our attorneys assist clients in obtaining taxable financing directly from banks by negotiating lines of credit, letters of credit and real estate-based loans.

We have represented a variety of entities – including higher education institutions, hospitals and other public charities – as borrower’s counsel.