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.
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 Board Resolution Authorizing a Program Related Investment
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…
Governance and Compliance Issues for Foundation Financial Management
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…
Legal Resources
The Council has full-time attorneys with a breadth of experience on staff. This team serves as a valuable resource to Council members, and is available to provide information on a wide range of topics that impact foundation operations.
On a regular basis, members of our Legal Team:
Field more…
Global Regulation of Philanthropy
The Council develops substantive policy positions on behalf of its members; submits regulatory comments and letters to U.S. policymakers, foreign governments, and intergovernmental bodies; and advocates before domestic and international bodies that set policies impacting cross-border philanthropy…
Electronic Filing of Form 990
All 501(c)(3) charitable organizations are required to file the Internal Revenue Service (IRS) Form 990 in accordance with the annual reporting requirements under Sec. 6033 of the Internal Revenue Code. This form asks for detailed information about the activities of the charity for the reporting…
Unrelated Business Income Tax (UBIT)
Issue
Under Section 512(a) of the Internal Revenue Code, nonprofits are subject to tax on gross income, minus directly connected expenses, for activities that constitute an “unrelated trade or business.” The Code offers a three-pronged test for determining whether a particular activity…
Call Summary: Challenges and Opportunites for Grantmaking in Mexico
Recording
As part of the Council’s global philanthropy program, this members-only conference call on July 1, 2015 provided an overview on policy developments in Mexico that are impacting the flow of U.S. philanthropy into the country. On the call, expert speakers delved into the implications for funders of a…
Can My Foundation Fund Legal Aid for Individuals?
Legal Compliance Guidance
Legal aid provides assistance to people who would otherwise not be able to afford legal representation or access to the court system. While it is an integral part of the American justice system, especially to the most vulnerable in our society, many legal aid programs are unsustainable or have seen…
What is Expenditure Responsibility?
Legal Compliance Guidance
Expenditure responsibility is a five step procedure that is designed to ensure that foundation funds are used for exclusively charitable purposes.
The five basic steps that are required for completing expenditure responsibility include:
Conducting a pre-grant inquiry including a reasonable…