Nonprofit Organizations

Non-Profit Law Attorney in Dallas

The laws governing non-profit organizations have some similarities to their for-profit counterparts, but non-profit laws and regulations contain many unique requirements and restrictions. If you are looking for an attorney to advise your non-profit organization, contact the law office of Stephen Kaplan, P.C. in Dallas, Texas.

Nonprofit Formation & Governance

Establishing a nonprofit organization involves two steps: state incorporation and obtaining federal tax-exemption. Incorporation generally involves preparation of two key documents: the Certificate of Formation and Bylaws. An application for federal tax-exemption must include information about the organization and its proposed activities, including a three-year budget. At Stephen Kaplan, PC, we assist new organizations in the incorporation and tax-exemption processes to ensure that they establish the right structure from the beginning, putting them into a strong position to carry out their missions. We work with our clients' other professional advisors to ensure that the entity formed fits the current and future needs of the organization that is to be created to fulfill its métier.

We also advise our clients about nonprofit law when they are establishing governance policies so they can operate effectively and in compliance with applicable regulations. Certain governance rules vary depending on the applicable state nonprofit corporation law and the type of organization at issue (e.g., membership associations, trade organization, and religious organizations). In addition, many states have passed laws and regulations similar to the federal Sarbanes-Oxley Act to nonprofits, including whistleblower and record-retention requirements. Charity watchdogs (e.g. Better Business Bureau, Charity Navigator) also require nonprofits to meet certain governance best practices before they will give their approval.

We carefully guides clients through the formation process and the establishment of good governance policies and practices. We also help boards understand their fiduciary obligations and industry best practices so they can provide meaningful oversight to their organizations.

Our Nonprofit Formation & Governance Services include:

  • Formation of nonprofit corporations and charitable trusts.
  • Preparation and review of governance documents. (nonprofit bylaws, governance policies, etc.)
  • Consultation on the legal duties of boards and the officers, including fiduciary and ethical obligations.
  • Labor and employment counseling.
  • Consultation on the selection and adoption of benefit plans and other employment benefits.

Advice on best practices for the officers and board members, including conflicts of interest and financial controls.

We provide knowledgeable legal representation for non-profit organizations. We represent clients during the non-profit formation process, but we are equally focused on serving established organizations. Contact our offices today to schedule a confidential consultation with an experienced attorney who understands the laws governing non-profits.

Effectively representing existing non-profit organizations

Many of the legal issues non-profit organizations encounter are those faced by any business. Non-profit groups must generally comply with applicable employment laws and non-profit organizations may develop legal matters related to real estate. When non-profits enter contractual arrangements, they are held to the same standard as any other entity.

However, other areas of the law are unique to non-profits. Religious organizations are exempt from some restrictions with regard to employment law. Tax laws governing non-profit organizations are truly unique to this sector. We understand the differences between the non-profit and the for-profit sector, and can effectively address the legal issues relevant for non-profit organizations.

Attorney who understands the unique laws governing non-profits

The IRS is becoming increasingly vigilant with the regulation of non-profits and enforcement of existing laws, and is examining the non-profit sector more closely ever. To protect your tax-exempt status, it is important to work with an attorney who truly understands the tax laws governing non-profits. We also assist you in addressing property tax issues that affect you non-profit organization.

Come to the law office of Stephen Kaplan, P.C. We have the experience necessary to effectively protect your interests. Contact us today to schedule a confidential consultation.