Nonprofit organizations are highly regulated entities that operate under a strict unique set of rules that apply to both their activities and governance. The numerous legal and tax regulations governing nonprofit organizations are vastly different than those governing for-profit businesses. Failure to properly form or maintain a nonprofit organization can result in the denial or loss of the entity’s tax-exempt status. Furthermore, there are several unique regulations that govern the formation, operation, and dissolution of a nonprofit organization. Not adhering to such regulations can result in serious consequences for both the board and officers of the corporation. The Burton Law Firm is comprised of attorneys with extensive knowledge and experience in all aspects of business law as well as the specialized and complex laws and regulations that govern nonprofit and charity organizations.
The Burton Law Firm understands the intricacies of nonprofit law and is here to assist you throughout the entire life cycle of your tax-exempt nonprofit organization, from formation to obtaining and maintaining tax-exempt status, to operational, governance, and compliance matters, to corporate transactions and restructuring, and even though dissolution. Additionally, the firm’s extensive background in both tax and charitable gifts provides a unique insight to assist you with the development of planned giving programs and fundraising campaigns. The Burton Law Firm has represented a variety of nonprofit organizations including public charities, public benefit corporations, private foundations, religious groups, schools, associations, health care organizations, and international public benefit corporations, among others. No matter what type of nonprofit organization you have The Burton Law Firm is committed to helping you achieve your mission and vision.
When forming a nonprofit organization, you must first carefully select which type of entity to form. Similar to a for-profit business, the type of nonprofit entity you choose to form dictates the legal responsibilities and potential liabilities of those involved in managing the organization as well as the manner in which it must operate. A nonprofit organization may be structured in many different ways, including but not limited to:
The Burton Law Firm works closely with you to understand the unique aspects of your nonprofit organization and provides comprehensive nonprofit business planning advice that can assist you in choosing the type of entity best suited to support your mission efficiently and effectively.
After the planning stage comes the formation phase. The Burton Law Firm’s attorneys have extensive experience in helping clients draft their formation documents, bylaws, compliance policies, and the 501(c) application for tax-exempt status. The 501(c) application to the IRS is one of the most challenging steps in starting a nonprofit. The Burton Law Firm is equipped to assist you throughout the entire application process and can even assist you in responding to any deficiency letters you may receive…
Once your nonprofit has been created, it is extremely important to adhere to various reporting rules and other corporate governance regulations. The Burton Law Firm offers counsel and representation in all ongoing business matters faced by nonprofit businesses such as:
No matter what type of nonprofit organization you have, The Burton Law Firm can help you focus on your mission by protecting you from legal complications, helping you to use the law effectively as you operate, providing you with the tools and techniques for best practices in management, and by assisting you in developing effective financing and fundraising strategies.
At some point, your charitable organization may decide to cease operations. During this time it is critical that you take the necessary steps to dissolve the entity and distribute any remaining assets appropriately. The Burton Law Firm can assist you in complying with both the state and federal regulations, dispersing any remaining charitable assets, and managing any employment and contract issues that may arise. Although there are numerous factors to consider when dissolving a nonprofit organization, The Burton Law Firm is skilled in handling all of them.
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California has required employers to “indemnify” employees for “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer” in substantially the same terms since 1937 under Labor Code § 2802.
