Services
Carter Law Group, P.C. regularly serves as outside general counsel to tax-exempt and nonprofit organizations. We also represent donors with respect to significant gifts and socially responsible companies with respect to cause marketing arrangements and corporate giving strategies. Specifically, Carter Law Group provides advice and counsel with respect to the following:
Public charity rules and regulations
- Formation as well as obtaining and maintaining tax-exempt status
- Public charity support tests and qualification
- Excess benefit transaction prevention and correction
- Advocacy, lobbying, and political activities
- Supporting organization qualification and operating standards
- Donor advised fund qualification and operating standards
- Public disclosure
Private foundation rules and regulations
- Formation as well as obtaining and maintaining tax-exempt status
- Grant-making practices, diligence, and documentation
- Jeopardizing investment rules
- Minimum distribution rules
- Taxable expenditure rules
- Scholarship and individual grant guidelines and IRS approval
- Disqualified person and self-dealing rules
- Cross-border grants and activities
- Operating foundation qualification and operating standards
Commercial and entrepreneurial activities
- Taxation of unrelated business income
- Corporate Sponsorships and cause marketing agreements
Risk Management
- Indemnification policies
- Insurance coverages
- Regulatory compliance and annual reporting
- Corporate practices and record-keeping
Fundraising Counsel
- Planned gifts including charitable lead and remainder trusts
- Major gifts including naming rights gifts
- Corporate sponsorships
- Gift annuity programs
- Multi-state fundraising registration and reporting
- Muti-state commercial co-venture registration and reporting
- Pledge enforcement
- Tax-shelters and listed transactions
- Raffles and charitable gaming
Nonprofit Organizational Relationships
- Mergers, acquisitions, consolidations, and dissolutions
- Agreements for joint services, funding, administration, and joint venturing
- Strategic alliances, public/private partnerships, affiliations and collaborations
- Board/staff relationships and responsibilities
- Executive and staff employment agreements
Annual reporting
- Form 990 Review
- State law compliance and reports
Property Tax Exemptions
- Analyze and apply for available exemptions
Governance and oversight
- Governance policies
- Executive compensation including avoidance and correction of intermediate sanctions
- Board structure, composition, roles, and responsibilities
- Board/staff relationships, responsibilities, and delegation of authority
Contract Drafting and Review
- Independent contractor, vendor, consultant, service provider, hotel, etc.
- CEO employment and severance (including excess benefit transaction compliance)
- Confidentiality and proprietary information
- Non-competion and non-solicitation
Compensation
- Opinion letters
- Excess benefit transaction compliance
- Self-dealing compliance
- Compensation policies
Available for presentations as well as staff and board trainings on:
- Forming a nonprofit
- Nonprofit Law 101
- Nonprofit Boards – Limiting the Risks
- Lobbying and Political Activities
- Nonprofit Governance
- Charter School Governance
- Proper Acknowledgment of Gifts
- Public Disclosure
- Form 990
- Maintaining Tax-exempt Status
