Grants to New Charities
Legal Compliance Guidance
Question: May a private corporate foundation or corporate giving program make a grant to a newly-established charity that has not yet received its IRS tax exemption letter?
Answer: Yes, but when making a grant to a charity whose application for exempt status is pending before the IRS, a private…
Faith-based Grantmaking: A Basic Guide for the Perplexed
Legal Compliance Guidance
Generally, there is no legal restriction against making grants to churches, synagogues, mosques or other religious institutions. But there are some things foundations interested in such grantmaking should know.
For years, private foundations and public charities have recognized religious…
Disaster Preparedness and Recovery Plan
Sample Document
Community foundations have proven themselves to be cornerstones of support to the community, especially in times of need and disaster. When emergencies or disasters strike, the Foundation must be well-prepared to quickly and effectively help itself in order to be able to help others.
This…
Military Aid: How Grantmakers Can Support Military Personnel
Americans may disagree about various aspects of war, but there is broad support for helping the men and women who are fighting in wars and the families they have left behind. Dedicated assistance groups are working to provide aid to military personnel and their relatives. This article surveys the…
Grants to Government
Legal Compliance Guidance
The private foundation executive director was concerned. Members of her board were going to make grants to promote public housing and economic development but none of the groups involved were the typical 501(c)(3)s to which the foundation normally made grants. One possibility seemed to be making a…
Assisting Corporate Employees with Charitable Dollars: A Legal Framework
Legal Compliance Guidance
Corporate grantmakers regularly serve the broader community through grantmaking, promoting employee volunteerism, and other activities. When may a corporate grantmaking entity focus its charitable efforts on assisting its own employees and their dependents?
The answer to this question depends on…
Re-Grants by International Intermediaries That Are Not Public Charities
Legal Compliance Guidance
In international grantmaking, private foundations often make grants to organizations (“Initial Grantees”) that, in turn, re-grant those funds to other non-public charity organizations or individuals (“Secondary Grantees”).
Legal issues arise when a private foundation makes a grant to an Initial…
International Grantmaking from Donor Advised Funds
Legal Compliance Guidance
In existence since the 1930s, donor advised funds have been one of the fastest growing charitable giving vehicles of the past decade.[1] Capitalizing on this growth and on the increasing interest in international philanthropy among donors in the United States, a number of public charities have…
NGOsource
External Resource
NGOsource improves the efficiency of international grantmaking and aims to achieve a significant increase in cross-border philanthropy by centralizing, streamlining, and standardizing the equivalency determination process for U.S. grantmakers. NGOsource is a project of TechSoup and was started with…
Rules of Advocacy & Lobbying: Community & Public Foundations
Legal Compliance Guidance
The rules of advocacy and lobbying for community and public foundations differ somewhat from private foundations.
As a community or public foundation, the law allows the following:
Advocacy
Lobbying
Funding Lobbying
Advocacy
Yes, community and public foundations may engage in advocacy…
Rules of Advocacy & Lobbying: Private Foundations
Legal Compliance Guidance
The rules of advocacy and lobbying for private foundations differ somewhat from community and public foundations.
As a private foundation, the law allows the following:
Advocacy
Lobbying
Funding Lobbying
Advocacy
Yes, private foundations may engage in advocacy activities as described under…
Dos and Don'ts of Contact Between Company Foundation Employees and Legislators
Legal Compliance Guidance
Companies and their private foundations must carefully navigate the dos and don’ts of contact between foundation employees and legislators.
How should the company foundation's grants and activities fit into the sponsoring company's efforts to develop strong relationships with government officials…
Sample Conflict of Interest Policies from Council Members
Sample Document
Sample conflict of interest policies from the Community Foundation of Switzerland County and Triangle Community Foundation.
Conflicts of Interest and Form 1023
Legal Compliance Guidance
Ordinarily, established private foundations and public charity grantmakers would ignore the IRS's revision of Form 1023, Application for Recognition of Exemption from Federal Income Tax. After all, these groups have already received their determination letters. But the revised Form 1023 and the…
Conflicts of Interest: Dealing with Foundation Investments
Legal Compliance Guidance
This article focuses on conflicts of interest around foundation investments. May foundation board members (or other closely affiliated individuals or businesses) manage foundation investments? May they be paid for this service? What factors should foundation managers consider before they select an…
Can a Foundation Lawyer Serve as a Foundation Trustee?
Legal Compliance Guidance
This article explores one of the more common questions about conflicts of interest: May the foundation's lawyer serve as a trustee?
Foundation Lawyer/Trustee
Often, the lawyer who drafted a foundation's organizing documents stays on as counsel to the organization. He or she may be asked to serve…