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.
Expenditure Responsibility Chart for Private Foundations
Legal Compliance Guidance
This document is a tool to help you as a private foundation determine when to use expenditure responsibility for grants to public charities.
Investing In The Future: Mission-Related and Program-Related Investments For Private Foundations
External Resource
Article published by Adler & Colvin summarizing the key differences between Mission-Related and Program-Related Investments for Private Foundations. The article also lays out many of the necessary legal and regulatory questions when determining if an impact investing strategy is appropriate for…
Record Retention for Foundations
Legal Compliance Guidance
Foundation recordkeeping is an inherently dull topic—unless it’s done wrong. The foundation manager who has not kept adequate documentation regarding expenditure responsibility grants risks an IRS audit. Similarly, a foundation manager confronted with a trustee succession battle will find the…
When to Say “No” to Fulfilling Personal Charitable Pledges
Legal Compliance Guidance
Your giving program looks like a convenient vehicle for fulfilling personal charitable pledges. Here’s what you need to know about when to say “no.”
The board of the ABC Family Foundation is considering a number of suggested grants, including a contribution to the local symphony’s capital drive…
A Compliance Checklist for Private Foundations
Legal Compliance Guidance
The persistent scrutiny of nonprofit governance has prompted leaders at many types of organizations to take steps to assure that their own houses are in good legal and financial order. This checklist is a good place for you as a private foundation to start.
Thinking about an Audit? Read this First
Legal Compliance Guidance
Audits are everywhere these days. Consider:
In the wake of corporate accounting scandals, the Sarbanes-Oxley Act was enacted in 2002, imposing corporate governance reforms on public, for-profit companies, including provisions on how financial audits are managed and carried out by auditors.…
Nonprofit Law in Vietnam
Legal Compliance Guidance
Current as of March 2024 | Download print version (PDF)
This section describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Vietnam, along with translations of legislative provisions relevant for a foundation or advisor undertaking an…
Nonprofit Law in Venezuela
Current as of November 2023 | Download print version (in PDF)
This report describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Venezuela, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Uganda
Current as of March 2024 | Download print version (in PDF)
This section describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Uganda, and includes translations of legislative provisions relevant for a foundation or…
Nonprofit Law in South Africa
Current as of May 2024 | Download print version (in PDF)
This section describes the legal framework governing of nonprofit organizations (also known as non-governmental organizations or NGOs) in South Africa, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Slovenia
Current as of December 2018 | Download print version (in PDF)
This section describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Slovenia, along with translations of legislative provisions relevant for a foundation or advisor undertaking…
Nonprofit Law in Slovakia
Current as of December 2020 | Download print version (in PDF)
This report describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Slovakia and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Serbia
Current as of December 2020 | Download print version (in PDF)
This section describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Serbia, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Russia
Current as of September 2023 | Download print version (in PDF)
This report describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Russia, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Romania
Current as of December 2021 | Download print version (in PDF)
This section describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Romania, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Poland
Current as of December 2022 | Download print version (in PDF)
This report describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Poland, and includes translations of legislative provisions relevant for a foundation or advisor…