Even non-profits with the best intentions can face unexpected legal obstacles. From tax-exempt status to managing contracts, volunteers, and donations, non-profits operate in a complex legal landscape. With experienced legal counsel, your organization can stay compliant, safeguard its reputation, and operate with peace of mind. Here’s how non-profit legal representation supports the health and longevity of your non-profit.
Incorporation and Tax-Exempt Status
A non-profit can benefit from state and federal tax-exempt status when correctly formed. In Florida, all businesses and non-profits must register with the state. An attorney can ensure the necessary paperwork is filed to secure 501(c)(3) status. There are multiple tax-exempt organization classifications. Working with a lawyer will ensure the non-profit chooses the correct types. The lawyer will also file the required paperwork for the non-profit to apply and obtain a tax-exempt employer identification number (EIN). The attorney can file the required annual 990-series forms to maintain that status.
Employment and Volunteer Issues
While non-profits rely on volunteers, they may also need employees. A lawyer will assist with preparing employment contracts and volunteer agreements. This can extend to assisting with background checks, employment law compliance, and employment dispute resolution.
Contract Review and Negotiation
As a non-profit operates, it will need contracts to formalize agreements made. This could include leases for property rented, contracts for vendors providing services, and partnership agreements. The attorney can assist with the process if the non-profit applies for a grant.
Intellectual Property Protection
Depending on the core operations of the non-profit, it could develop or obtain intellectual property. This information needs to be protected to ensure that the non-profit can continue to operate. A lawyer can help the non-profit take the necessary steps to protect the different types of intellectual property. This could include filing for trademarks and copyrights. Obtaining these protects the non-profit’s branding. The non-profit may develop a device or process that could be protected by a patent. It could also have trade secrets that require protection.
Fundraising and Donations
Non-profits depend on fundraising and donations to support their charitable efforts. The non-profit must comply with laws governing solicitation, donor restrictions, and gift acceptance. A lawyer can also oversee money-handling activities to ensure they are ethical and legally compliant.
Risk Management and Liability
A non-profit must protect itself from liability and risk. Working with a lawyer can help the non-profit draft liability waivers and purchase insurance.
Dispute Resolution
While unfortunate, a non-profit may be a party named in a legal dispute. It could be an internal conflict, a dispute among the founding partners, or litigation with an outside party. A lawyer representing the non-profit will advocate for the non-profit’s best interest while working to resolve the dispute.
Mergers, Acquisitions, or Dissolutions
A non-profit may go through the same restructuring actions that a for-profit corporation goes through. These reorganizations can be complicated, requiring the assistance of an attorney. A lawyer can assist the non-profit through negotiations and preparing related documents.
Regulatory Changes
The law is always changing, and it is a non-profit’s responsibility to remain compliant. Having a lawyer working on behalf of the non-profit can stay abreast of regulatory changes. If a legal change applies to the non-profit, the lawyer will notify them and advise them on how to comply moving forward.
Hire Non-Profit Legal Representation
Running a non-profit is about making a difference. It also comes with unique challenges and responsibilities. Securing non-profit legal representation ensures these unique needs are addressed. From incorporation to daily operations and long-term planning, non-profit legal representation ensures your organization is built on a solid legal foundation. Partnering with an experienced attorney gives you the confidence to focus on what matters most: advancing your mission.
Need guidance tailored to your organization? Contact our firm today to discuss how non-profit legal representation can protect and empower your mission.
