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Guiding You Through Your Non-Profit Legal Requirements

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.

Supporting Your Nonprofit Formation And 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.

We can help with:

  • Advice on nonprofit law
  • Advice on the best practices for officers and board members
  • Best practices
  • Conflicts of interests
  • Ensuring your goals meet the current and future needs of the organization.
  • Ensuring you fulfill your métier obligations (fiduciary duty to act in good faith with care, loyalty, obedience and honesty in the best interest of the organization).
  • Fiduciary obligations
  • Financial controls
  • Formation
  • Incorporation assistance
  • Governance rules
  • Oversights
  • Policies and practices
  • Tax-exemption assistance
  • Texas nonprofit corporation laws

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.

Our nonprofit formation and 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.

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 Representation For Your Non-Profit Organization

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.

Understand The Laws That Impact Your Non-Profit

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.

How can we help you?

Unless otherwise indicated, attorneys listed in this site are not certified by the Texas Board of Legal Specialization.