Faegre Baker Daniels lawyers provide many corporate services to tax-exempt organizations, including initial structuring, corporate governance, regulatory compliance and financial counseling. Our team understands the unique applications of corporate law to exempt organizations. We represent a range of nonprofits from charitable foundations and social service agencies to arts organizations, environmental groups and more.

Structuring

• Advising on initial corporate structure and obtaining tax-exempt status
• Drafting articles of incorporation, bylaws, corporate policies and other organizational documents
• Developing strategic plans to help organizations manage administrative costs, increase revenues, protect assets, set the stage for effective board governance and prepare to face challenges over time

Corporate Governance

• Providing general counsel on governance, operations and other business matters
• Advising on fiduciary duties and board roles and responsibilities
• Drafting and negotiating a wide range of contracts between exempt organizations and their vendors
• Overseeing reorganizations

Regulatory Issues

• Preparing applications and reports for federal, state and local income, property, sales and franchise tax exemptions
• Providing ongoing guidance on unrelated business income tax (UBIT) questions and private foundation matters
• Advising on the legal and tax consequences of proposed activities and relationships with other exempt and taxable organizations, including taxable subsidiaries and joint ventures
• Counseling on private inurement and private benefit issues
• Advising on intermediate sanctions and self-dealing
• Handling IRS audits and compliance programs and attorney general investigations

Financing and Transactions

• Advising on annual capital and deferred giving development programs, including the preparation of agreements and administrative documents for charitable remainder and lead trusts, gift annuities and pooled income funds
• Advising on fundraising, donor services, corporate sponsorships and license agreements, and fiscal agency arrangements
• Serving as counsel for issuers, borrowers, underwriters and others in tax-exempt financings
• Submitting federal and state requests on contemplated transactions, including proposed grants, scholarship programs and real estate transfers
• Counseling on mergers and other consolidations among multiple exempt organizations