lawyer who handles 501c3

by Terrance Schroeder 5 min read

Full Answer

What does a 501 (c) (3) nonprofit lawyer do?

Securing tax-exempt status — The firm provides legal services to 501 (c) (3) and other nonprofits, beginning with their inception, and provides comprehensive consultation to its clients to explain formation and governance options.

Where can I find a non-profit lawyer?

Created with Sketch. On UpCounsel, you can find and connect with top-rated non-profit attorneys & lawyers that provide a range of non-profit law services for startup non-profits to more seasoned non-profits.

Can I hire a non-profit lawyer on UpCounsel?

Whether you are forming a 501 (c) (3) or 501 (c) (4), you can easily hire an experienced non-profit lawyer on UpCounsel for your on-demand or ongoing non-profit legal needs today. As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations.

Why do you need a non-profit attorney?

From the forming of a non-profit organization to obtaining tax-exempt status from the IRS, to complying with federal and state laws governing fundraising and operations, the advice of experienced non-profit attorney is crucial throughout each stage of your non-profit’s growth.

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Who controls a 501c3?

The state governments take primary responsibility for regulating nonprofit organizations. In at least 39 U.S. states, nonprofits must register with the state by filling out an application and filing a charter.

Who holds nonprofit organizations accountable?

Non-profit organizations are accountable to the donors or sponsors that have provided them with the finances to conduct their operations. The managers should acknowledge all the volunteers and respect their contributions to the mission to be achieved.

Who owns a 501c3 nonprofit created under US law?

No one. A major misconception about nonprofit organizations concerns ownership of a nonprofit. No one person or group of people can own a nonprofit organization.

Can a 501c3 organization be sued?

In the majority of states, a non-profit organization is treated as a legal entity capable of suing and being sued. Because of this, it must abide by any contract entered into. It must also exercise the same duty of care as any other corporation would in the same circumstances.

What are the ethical issues of nonprofit organizations?

Ethical Issues in the Nonprofit Sector There are six areas in particular where ethical issues arise in the nonprofit sector: compensation; conflicts of interest; publications and solicitation; financial integrity; investment policies; and accountability and strategic management.

What does accountability mean for nonprofits?

Accountability is an obligation or willingness by a charity to explain its actions to its stakeholders. Transparency is an obligation or willingness by a charity to publish and make available critical data about the organization.

Can the founder of a nonprofit be on the board of directors?

Can a founder be on the board of directors? We run into this thought process if a founder is generally overly cautious or has a fear of there being a conflict of interest. However, “founder” is not actually a designated role recognized by the IRS or any state. So, yes, a founder can be on the board.

How does a CEO of a nonprofit get paid?

We found that nonprofit CEOs are paid a base salary, and many CEOs also receive additional pay associated with larger organizational size. Our results indicate that while pay-for-performance is a factor in determining compensation, it is not prominent.

How many board members should a nonprofit have?

The IRS generally requires a minimum of three board members for every nonprofit, but does not dictate board term length. What is important to remember is that board service terms aren't intended to be perpetual, and are typically one to five years. Service terms must be outlined in the nonprofit bylaws.

Who is legally accountable for a nonprofit organization's actions?

With rare exceptions, members of a nonprofit board are protected against personal liability due to the following: An incorporated entity is responsible for its debts. In the vast majority of circumstances, judgments imposed on a nonprofit by a court of law have to be paid by the organization, not individual directors.

What happens if a nonprofit gets sued?

Apart from lawsuits, the Internal Revenue Service can penalize any nonprofit's board, as well as individual board members, for approving excessive compensation for the nonprofit's executives, or if the nonprofit fails to withhold Social Security or income taxes from the paychecks of its employees.

How do you lose your non profit status?

The Pension Protection Act of 2006 added a new law that provides for automatic revocation of an organization's tax-exempt status if it fails to file a required annual information return for three consecutive years.

What kind of lawyer can help you in a non profit case?

This type of lawyer can review your case and ensure that timelines and deadlines are met in your case, as some states have strict rules. A lawyer can assist you in attempting to recover damages and represent you during any court proceedings, if necessary.

Who Runs a Non-Profit Organization?

The majority of non-profit organizations are run by a board of directors. In some states, they may be known as trustees. Their main role is to set policies and oversee issues like finances, strategic planning, and/or management-level hiring.

How Can Non-Profit Organizations Limit Liability?

There are steps a non-profit organization can take to limit liability. These include:

What Types of Disputes are Common With Non-Profit Organizations?

Non-profit organizations are businesses, just like any other corporation. They may face similar types of legal issues, including, but not limited to:

What is the business judgment rule for non profit?

The business judgment rule offers directors and officers protection when making decisions on how to manage the non-profit organization. For the most part, a director of an officer will only be held liable in rare circumstances, such as if they acted in bad faith.

What can an attorney do to help determine if a claim is available?

Present the evidence gathered and review the facts. The attorney will be able to help determine what, if any, claims are available and what, if any, damages are available. If an injury or loss has occurred, an individual may be able to recover compensatory damages.

What can an attorney do?

An attorney can also assist with steps that may not be obvious to the general public. For example, somes a business or defendant’s legal name may be different than the name known to the public. The state in which they are incorporated will also matter, as well as what state or states in which they operate.

Ortega Business Law Firm, APC

Nonprofit And Charitable Organizations Lawyers Serving Los Angeles, CA and Los Angeles County, CA

Law Offices of Rosaline L. Zukerman, APC

Nonprofit And Charitable Organizations Lawyers at 10100 Santa Monica Boulevard, Suite 2300, Los Angeles, CA 90067

Schwartz, Steinsapir, Dohrmann & Sommers, LLP

Nonprofit And Charitable Organizations Lawyers at 6300 Wilshire Boulevard, Suite 2000, Los Angeles, CA 90048

Law Office of David A. Schechet

Nonprofit And Charitable Organizations Lawyers at 1901 Avenue of the Stars, 2nd FL, Los Angeles, CA 90067

Frazee Law Group

Nonprofit And Charitable Organizations Lawyers at 5133 Eagle Rock Blvd., Los Angeles, CA 90041

Barton, Klugman & Oetting LLP

Nonprofit And Charitable Organizations Lawyers at 350 South Grand Avenue, Suite 2200, Los Angeles, CA 90071

Hanna and Morton, LLP

Nonprofit And Charitable Organizations Lawyers at 444 South Flower Street, Suite 2530, Los Angeles, CA 90071

What is a 501c3?

Organizations described in section 501 (c) (3) are commonly referred to as charitable organizations. Organizations described in section 501 (c) (3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170. The organization must not be organized or operated for ...

What is 501c3 restricted in?

Section 501 (c) (3) organizations are restricted in how much political and legislative ( lobbying) activities they may conduct.

What is the exemption requirement for 501c3?

Exemption Requirements - 501 (c) (3) Organizations. To be tax-exempt under section 501 (c) (3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501 (c) (3), and none of its earnings may inure to any private shareholder or individual.

Is a 501c3 a charitable organization?

Organizations described in section 501 (c) (3) are commonly referred to as charitable organizations.

Where is Owen Law Group located?

At the Owen Law Group, LLC, in Southwestern Pennsylvania, we handle non-profits, estates-trusts, business law and tax law matters.

What is Schnader Harrison Segal and Lewis?

Schnader Harrison Segal & Lewis LLP is a law firm with a national and international practice. Founded in 1935, ... Read More the Firm has grown to include offices in Philadelphia

Daena G. Ramsey

Experienced Business Attorney To Help You Represent your Business! Call Today To Set Up Your Consultation!

Nonprofit Organizations Law

Depending upon your relationship with the organization, legal action against nonprofit boards can be complex.

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Who Runs A Non-Profit Organization?

  • The majority of non-profit organizations are run by a board of directors. In some states, they may be known as trustees. Their main role is to set policies and oversee issues like finances, strategic planning, and/or management-level hiring. The board of directors of a non-profit organization will appoint officers. Most organizations have a preside...
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Can A Non-Profit Organization Be Held Liable For Its Actions?

  • In the majority of states, a non-profit organization is treated as a legal entity capable of suing and being sued. Because of this, it must abide by any contract entered into. It must also exercise the same duty of care as any other corporation would in the same circumstances. Additionally, because a non-profit organization is set up similar to a corporation, there is limited liability for th…
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When Are Directors, Officers, and Members of A Non-Profit Liable?

  • Much like corporations, the directors and officers of non-profit organizations are given a large amount of discretion to manage their organization. The business judgment rule offers directors and officers protection when making decisions on how to manage the non-profit organization. For the most part, a director of an officer will only be held liable in rare circumstances, such as if the…
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How Can Non-Profit Organizations Limit Liability?

  • There are steps a non-profit organization can take to limit liability. These include: 1. Purchasing liability insurance; 2. Including a liability limitation clause in contracts; and 3. Producing and maintaining clear policies and procedures.
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What Types of Disputes Are Common with Non-Profit Organizations?

  • Non-profit organizations are businesses, just like any other corporation. They may face similar types of legal issues, including, but not limited to: 1. Employment disputes such as harassment, wrongful termination, and/or wage/hourdisputes; 2. Disputes regarding the services, products, and/or pricing provided by the non-profit organization; 3. Non-litigation clauses, or clauses that p…
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What Are The Steps to Sue A Non-Profit Organization?

  • When suing a non-profit organization, there are steps that can be taken to ensure a more favorable outcome. In most cases, it is best to attempt to resolve the issue outside of a courtroom. Litigation is costly and time-consuming for all parties involved. An important step is to notify the organization of the issue in writing and include any requests. The organization may b…
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How Can A Lawyer Help?

  • Non-profit organization laws can be complex and vary by jurisdiction. An experienced business lawyercan provide guidance throughout the claims process and fight to obtain the best results for you. Lawyers specializing in non-profit organizations will be especially helpful in these cases. This type of lawyer can review your case and ensure that timelines and deadlines are met in your cas…
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