At Beckemeier LeMoine Law, we understand the unique challenges nonprofits face. From forming your organization to handling complex tax and employment regulations, we provide clear, practical guidance tailored to your needs. Whether you’re starting out or addressing day-to-day challenges, our team simplifies the legal side so you can focus on making a difference.
Non-profit Counsel, Defined
Non-profit counsel involves providing legal guidance tailored to the unique needs of nonprofit organizations. This includes advising on formation, governance, tax exemption, compliance, and employment matters. Nonprofits operate under strict state and federal regulations, making it crucial to have experienced legal support. Non-profit counsel ensures organizations maintain their tax-exempt status, avoid conflicts of interest, and develop sound policies. It also helps with day-to-day legal challenges like drafting governing documents, handling employment claims, and addressing regulatory concerns, allowing nonprofits to focus on their mission.
Our Non-profit Counsel Services:
- Assisting with nonprofit formation and selecting the right corporate structure
- Preparing bylaws, policies, and other governing documents
- Securing federal and state tax-exempt status
- Developing conflict of interest, non-discrimination, and compensation policies
- Providing guidance on board governance and compliance requirements
- Advising on employment matters, including hiring, firing, and discipline
- Drafting employment agreements and executive review policies
- Ensuring compliance with IRS regulations and maintaining tax-exempt status
- Defending nonprofits in employment claims and legal disputes
Non-Profit Counsel FAQs
Do All Non-profits Need Legal Counsel?
While not legally required, having experienced legal counsel is highly recommended for any nonprofit organization. Nonprofits face unique challenges, from obtaining and maintaining tax-exempt status to complying with strict governance and employment regulations. Legal counsel ensures you’re proactive in addressing potential risks and staying compliant with the law.
Can You Help Us Form a New Non-profit?
Yes, we can guide you through the entire formation process. This includes choosing the right corporate structure, preparing bylaws and articles of incorporation, and filing for tax-exempt status with the IRS and state authorities. Starting with the right foundation ensures long-term success and compliance for your nonprofit.
What Is the Process for Obtaining Tax-Exempt Status?
To secure tax-exempt status, you’ll need to meet the qualifications set by the IRS under Section 501(c). This involves filing Form 1023 or Form 1023-EZ, along with supporting documents like your articles of incorporation and bylaws. We can assist in preparing and submitting these forms, ensuring all requirements are met to avoid delays or denials.
How Do We Avoid Conflicts of Interest Within Our Nonprofit?
We recommend creating a clear conflict-of-interest policy that outlines how board members and staff should handle situations where personal interests might conflict with the organization’s mission. We can help draft and implement this policy, which helps prevent issues that could jeopardize your nonprofit’s credibility or tax-exempt status.
What Types of Employment Issues Do Non-profits Face?
Nonprofits must deal with employment matters like hiring, firing, employee discipline, and creating personnel policies. Employment laws sometimes apply differently to nonprofits, particularly religious organizations. We provide guidance to ensure your policies are fair, compliant, and tailored to your unique circumstances.
What Happens if Our Nonprofit’s Tax-Exempt Status Is Revoked?
Losing tax-exempt status can have serious consequences, including tax liabilities and potential loss of donor support. If this happens, we can assist you in understanding the reasons for revocation and guide you through reapplying or appealing the decision. We aim to help you regain compliance and restore your nonprofit’s standing as quickly as possible.
How Can We Ensure Compliance With IRS Regulations?
Compliance starts with strong governance policies, such as conflict-of-interest, non-discrimination, and compensation policies. Regularly reviewing your financial practices, reporting accurately on Form 990, and avoiding private benefit or inurement issues are also key. We help nonprofits establish and maintain these practices to protect their tax-exempt status.
Do You Assist With Board Governance?
Yes, we provide guidance on board governance, including the roles and responsibilities of board members, best practices for decision-making, and creating policies that ensure transparency and accountability. A well-governed board is critical to your nonprofit’s success.
What Should We Do if We Face an Employment Claim?
If your nonprofit faces an employment claim, such as discrimination, retaliation, or harassment, it’s essential to act quickly and consult legal counsel. We provide defense strategies tailored to nonprofits, ensuring you respond appropriately while protecting your reputation and resources.
Can You Help Us Create Policies for Our Nonprofit?
Absolutely. We can draft and implement policies covering various needs, including conflict of interest, non-discrimination, compensation testing, and personnel practices. These policies help protect your nonprofit from legal risks and keep you compliant with regulatory requirements.
Why Choose Us?
Beckemeier LeMoine Law is a trusted partner for nonprofits, combining the strength and sophistication of a larger firm with the personal attention and care of a dedicated advisor. Our team understands the complexities nonprofits face, from governance and compliance to tax-exempt status, and offers practical solutions tailored to your mission. We’re intentional, relational, and responsive—values that make all the difference in effective legal counsel. Contact us today to learn how we can support your organization.
Missouri