The Council's Legal Resources team provides trainings, publications, and resources to help you stay up to date on foundation operations and legal compliance. Our staff includes attorneys with experience in nonprofit and tax law who understand the unique legal and compliance issues facing community foundations. Our staff counsel are here to help you by advising on matters related to your organizational structure and governance, compliance, fundraising, self-dealing, and other legal matters.

There are community foundation specific legal resources available on our website, including answers to the most frequently asked member questions on donor-advised funds, endowments, global and domestic grantmaking, fundraising, scholarships, impact investing, planned gifts, and IRA distributions. In addition, we offer sample templates for the most common legal needs, such fund agreements and gift acceptance policies. Our attorneys may review Council member fund agreements and may offer edits and feedback. We also publish legal guidance and offer webinars and analysis on developing legislation relevant to the philanthropic sector.

Legal Disclaimer

All information on this website, and all publications, articles, email correspondence, and telephone consultations provided by Council attorneys and legal staff are intended for informational purposes only and not as part of an attorney-client relationship. Council attorneys are not licensed in every state and cannot provide legal representation. This information is not a substitute for expert legal, tax, or other professional advice tailored to your specific circumstances and may not be relied upon for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Council members may email legal@cof.org with inquiries and for more information.

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Sample Documents

Sample Documents and Templates

Donor Advised Funds

Donor-Advised Funds (DAFs)

Scholarship Funds

Scholarship Funds and PPA Compliance

Legal FAQs

Frequently Asked Questions

Get more with Membership

Council members get unlimited access to legal services and free access to our longer publications, like the Compendium of Legal Resources. Members also have access to the Philanthropy Exchange, our online community where members can pose questions to peers.

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View all Legal Resources for Community Foundations

New York City community baseball

Legal Matters for Community Foundations

The Council offers Legal Matters workshops to address the broad legal and practical questions faced by community foundations. These sessions cover topics such as administering funds, grants, and community foundation activities. They are designed to be interactive, allowing participants to engage in discussions and deep dives into specific legal complexities.

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Warren County Iowa

An Overview of the Law Governing Community Foundations

This chapter of Mastering Foundation Law provides a comprehensive legal guide for community foundations. It covers federal tax laws, state-specific regulations, and the common legal characteristics of community foundations. This resource is essential for understanding the legal framework that governs community foundations.

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Louisville KY

Accepting Cryptocurrency as Charitable Contributions

This publication will help community foundations navigate questions and concerns around receiving cryptocurrency as charitable contributions. Get comprehensive, state-by-state information on how your foundation can process any of the 6,000-and-growing cryptocurrencies that may be gifted.

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Legal Question of the Month
Running for Local Public Office as a Board or Staff Member

Question
We have a board member who is running for local public office. Is this allowed and, if so, what do we need to be aware of?

Answer from Director of Legal Resources, Ben McDearmon
Some foundations have adopted policies stating that any board or staff member running for partisan elected office is expected to resign their position prior to announcing their candidacy in order to avoid the potential appearance of partisanship by the foundation.

On the other hand, there’s no general legal prohibition on someone serving as an elected official and also serving on the board of a foundation or other nonprofit, so some foundations might choose to allow it with significant safeguards in place to ensure there’s no appearance that the foundation is supporting the candidate.

All election-related activities must take place outside of the candidate’s work on behalf of the foundation and without using any foundation resources. The candidate should also avoid referring to their position with the foundation as part of their campaign, and if anyone else does bring up their foundation affiliation, the candidate must clarify that they are running solely in their capacity as a private citizen. If elected, the person would likely be prohibited from receiving any compensation or possibly even reimbursement for expenses, and they may be prohibited from soliciting charitable contributions on behalf of the foundation.

Council members are encouraged to send any legal inquiries to legal@cof.org.

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