Not-for-Profit Corporations & Foundations Law
The attorneys of Hinman, Howard & Kattell are also deeply committed to community service, including serving on the boards of several non-profits, charities and foundations. We also are legal counsel to numerous not-for-profit organizations. It is that commitment that led us to the development of our Not-for-Profit Corporations and Foundations practice group.
HH&K’s non-profit attorneys are experienced in formation of charities and foundations under federal and state law. We handle filing certificates of incorporation, filing tax-exempt applications to the Internal Revenue Service, secure letters of determination, and we respond to inquiries involving non-profits. Such non-profit entities include: Section 501(c)(3) charitable organizations, 501(c)(4) social welfare organizations, 501(c)(6) trade associations, and 501(c)(7) social clubs and other exempt organizations. We also handle compliance with the New York Charities Bureau, a department of the New York Attorney General’s office. We draft governing documents and bylaws for such organizations, and provide advice on the best structure for the organization. Because we have a large number of non-profit clients of all sizes, we know what works and what does not, and we use that experience to the benefit of our clients.
HH&K’s attorneys recognize that non-profits face unique legal issues in government oversight, internal governance, and employee relations. We regularly review handbooks and policies and procedures manuals to ensure compliance with best practices, including measures to avoid claims of self-dealing. We provide advice on employee and executive compensation, including health and welfare benefits and retirement plans. We also assist in resolving disputes with employees, executives and directors. We negotiate, draft, and review contracts for services and goods. Where applicable, we also provide advice regarding the management of the relationship between the non-profit entity and related organizations. Where necessary, we provide representation in litigation, mediation, and agency proceedings in a sensitive and effective manner.
In addition to representing non-profits, we also advise those seeking to make major donations to them. In conjunction with our Trusts, Estates and Wealth Planning and Elder Law attorneys, we assist clients in creating charitable gifts of all types that will minimize our clients’ tax burdens while also benefiting the community at large.