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.
External Resource
With the development of the National Disaster Recovery Framework (NDRF), FEMA worked to create systems that can supplement, and not replace, current and ongoing community planning and recovery efforts. To support this effort, FEMA developed a web-based tool, the National Disaster Recovery Program…
Legal Compliance Guidance
Grants to Public Charities from Private Foundations
For a private foundation, disaster relief grants to Section 501(c)(3) public charities based at home or abroad can be relatively straightforward, provided the grantee is not legally classified as a supporting organization.
If the grantee is a…
Legal Compliance Guidance
Question: A public television station provides thank-you gifts of varying values based upon the amount of a donor’s contribution. An employee of a corporation makes a gift to a local public television station. Can the corporate foundation match the gift as part of its matching gift program, even…
Legal Compliance Guidance
Office equipment and supplies may always be shared if the parent company provides the foundation with the equipment or supplies free of charge. It is also possible for the parent company and the foundation to share the cost of equipment and supplies, but great care needs to be taken to structure…
Legal Compliance Guidance
Question:
What should corporate foundations and their parent companies consider when purchasing tickets to fundraisers?
Response:
Whether they are tickets to a dinner, to a performance, or simply for general admission to a facility, tickets have an economic value. When a company or foundation…
Publication
The Stewardship Principles for Corporate Grantmakers are a set of governance best practices that embody how corporate philanthropies can reflect fundamental values including honesty, integrity, fairness, and trust, in their board governance, management, and grantmaking.
Sample Foundation Investment Policy
Sample Document
This document is an editable foundation investment policy template.
This sample document is being provided for informational purposes only and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship, and…
Legal Compliance Guidance
Slide presentation reviewing the basics of avoiding self-dealing as a family foundation.
Hiring An Archival Consultant
Legal Compliance Guidance
The services of a consultant may prove beneficial to an organization considering the creation of a records management or archival program.
From a consultation, those who oversee the records and archives project should derive a general sense of the existing historical record of the organization —…
Legal Compliance Guidance
Grants to Public Charities from a Public Charity
Unless from a donor-advised fund, disaster relief grants to domestic section 501(c) (3) public charities do not present special issues.
Grants from a Donor-Advised Fund
Disaster relief aid can be provided through a donor-advised fund generally by…
Legal Compliance Guidance
Grants to Public Charities from a Corporate Giving Program
Businesses can make disaster relief grants directly from the corporation, or from its corporate giving program, to any section 501(c)(3)public charity. An added plus is that such gifts are eligible as charitable deductions for the…
Legal Compliance Guidance, Fundamentals
This brief provides practical advice on setting strategy, ensuring on-the-ground presence, and selecting partners for U.S.-based companies with foundations and/or giving programs that are either venturing into the international giving arena or seeking to enhance their current programs. The last…
Sample Document
Sample foreign grant expenditure responsibility letter.
This sample document is being provided for informational purposes and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship, and the information…
Sample Document
Editable grant agreement for grants requiring expenditure responsibility.
This sample document is being provided for informational purposes and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship…
Supporting Employee Volunteerism
Legal Compliance Guidance
Question: May a private company foundation support the volunteer activities of the sponsoring corporation's employees?
Answer: Company foundations sometimes play a role in coordinating volunteer activities of the sponsoring corporation's employees. The IRS has approved company foundations'…
Reporting Direct Charitable Activities
Legal Compliance Guidance
Question:
Our company foundation sometimes carries out its own charitable programs. For example, last year we organized a conference on the topic of evaluating program impact for our grantees and other nonprofits in one of our communities. Where does this information get reported on our Form 990-…