Hanover, NH office 603.643.6072
Woodstock, VT office 802.457.9492
Non-Profit Corporations
A non-profit corporation is a corporation formed for
purposes other than generating a profit and in which
no part of the organization’s income is distributed to its
directors or officers or shareholders. A non-profit corporation can be a church or church association, school,
charity, legal aid society, medical provider, volunteer
services organization, professional association, sports
association, research institute, museum, etc.
Non-profits also include mutual benefit associations,
such as trade organizations and condominium owners
associations. These non-profits are not always exempt
from income tax and contributions to them are not
always deductible. Non-profit corporations must apply
for tax exempt status at both the federal and at the
state level.
The legal issues facing a non-profit corporation are often similar to those of for-profit entities. Such issues include contracts and leases, regulatory and finance issues and employment issues. When counseling non-profit entities we are sensitive to differences in corporate governance and the fiduciary obligations of officers and directors and we recognize that the fiduciary obligations of non-profit boards are often very different from those of for-profit boards.
At Melendy Moritz PLLC, we are involved in assisting a variety of charitable entities. In addition to helping create a legal structure for non-profit organizations and helping them file for tax-exempt status, we also assist non-profits in determining public policy, and establishing lasting affiliations with other non-profits.
Although non-profits were once able to avoid many of the complex legal issues faced by for-profits businesses, they are now held to a higher standard in many respects and are subject to increasing scrutiny and government regulation. By focusing on the unique legal needs of the non-profit sector, Melendy Moritz PLLC strives to provide informed and practical advice to our clients.
Some of the services that we provide include:
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Incorporating and obtaining tax exempt status for new organizations;
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Advising boards of directors about their fiduciary duties, conflicts of interest, and director and officer liability insurance;
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Advising charities about the tax and non-tax aspects of charitable contributions;
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Assisting charities in the structuring and administration of planned giving programs;
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Advising private foundation on minimum payout requirements, taxable expenditures, and self-dealing rules;
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Advising charities on issues relating to private inurement and private benefit;
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Preparing state registrations for charitable gift annuity programs;
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Obtaining court approval of deviations from terms of charitable trusts; and,
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Advising charities on the administration of endowment funds and restricted gifts.