As a benefit of membership, the Council on Foundations attorneys and legal staff provide information and education to Council members regarding a variety of topics related to foundation operations and legal compliance. All information on this website, and all publications, articles, e-mail 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. The 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 purposes of avoiding any penalties that may be imposed under the Internal Revenue Code.
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
This chapter discusses the federal tax laws governing supporting organizations. As a result of the Tax Reform Act of 1969, private foundations receive considerably less favorable treatment under tax law…
What to Expect from an Audit
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
This chapter addresses what foundations should expect from an audit. Nonprofits, including private foundations, are bracing for an uptick in audit activity from the Internal Revenue Service (IRS) as it…
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
This chapter examines Uniform Prudent Management of Institutional Funds Act (UPMIFA) and other laws that govern the management and investment of endowments and other foundation financial assets. It also…
Starting a Foundation: Formation and Considerations
Legal Compliance Guidance, Publication
Many people want to start foundations, but few start out knowing exactly what sort of organization they are going to create. The purpose of this e-book is to help potential donors understand the many different entities that are commonly referred to as foundations and to provide an understanding of…
An Overview of the Law Governing Community Foundations
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
This chapter is intended to examine and explain those common legal characteristics shared by community foundations and to provide a comprehensive legal overview of the rules and regulations that govern…
Webinar Recording: Introduction to Legal and Tax Compliance for Corporate Grantmakers
This 2017 webinar explores the complicated landscape of legal and tax compliance and discusses how you can stay compliant while maximizing your impact.
Download the presentation slides
Advocacy Toolkit
Toolkit
Sometimes the hardest part of engaging in advocacy can be figuring out where to start.
Government is the mechanism for public policy process, and elected officials and their staff are driving and creating policies. As their constituents and important stakeholders in civil society, they need to…
Rules of Advocacy & Lobbying
Legal Compliance Guidance
It is easy to get hung up on what you think you cannot do in terms of engaging with your policymakers. The good news is, you can do more than you may think!
Though the law varies somewhat between what community and public foundations are allowed to do, versus what private foundations are allowed…
Sample Document
This template community foundation board resolution authorizes the foundation to make a loan as a program-related investment (PRI). These types of activities are generally permitted by state and federal law when they serve to advance the charitable purposes of the foundation.
The term "program-…
Call Recording: New Chinese Laws Regulating Domestic Charities and International NGOs: What do you need to know?
Recording
Download the Recording
In 2015, the Council and ICNL convened foundations to discuss how a draft Foreign NGO law in China might impact their work. The Council also submitted formal comments about concerns with this law to the Chinese government.
In mid-March 2016, China approved the long-awaited…
A Guide to Advocacy, Lobbying & Election Related Activity: Navigating the Rules
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
The purpose of this chapter is to help you understand the federal tax laws and regulations that govern how, when, and to what extent different types of foundations can engage with policymakers, their…
Expenditure Responsibility: Step by Step
Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law:
The Council on Foundations Compendium of Legal Resources
Expenditure responsibility is the federally mandated procedure that a private foundation—and some public charities—must follow for any grant made to an organization that is not a public charity.
This…
Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources
Legal Compliance Guidance
The Council on Foundations's Compendium of Legal Resources (“Compendium”) is a comprehensive guide to foundation law for the non-lawyer. It is easy to use, self-directed, and regularly updated.
The Council developed the Compendium as a direct response to requests from our members to publish…
Summary of Requirements for Type I and Type III Supporting Organizations - A Proposed Rule by the Internal Revenue Service on 2/19/2016
On February 19, 2016, the Treasury Department and the Internal Revenue Service issued proposed regulations regarding the prohibition on certain contributions to Type I and Type III supporting organizations and the requirements for Type III supporting organizations.
The Council is helping to…
Legal Compliance Guidance
This white paper provides a review of critical governance issues that foundations must consider to remain in compliance with prevailing and emerging laws and regulations. Readers can expect content focused on trustee fiduciary responsibilities as relates to duties of care, loyalty, and…
Legal Background on the Charitable Purpose of Donor-Advised Funds
Legal Compliance Guidance
Donor-advised funds are specifically defined in Section 4966(d)(2) of the Internal Revenue Code as a “fund or account
which is separately identified by reference to contributions of a donor or donors,
which is owned and controlled by a sponsoring organization, and
with respect to which a donor…