Legal Compliance Guidance

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All information on this website, and all publications, articles, email 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 purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Council members may email legal@cof.org with inquiries and for more information.

Displaying 97 - 112 of 133 results

Multi-Year Grants: To Commit or Not to Commit

Legal Compliance Guidance
Can we back out of a multiyear commitment we made in a prior year because our foundation’s assets have declined? The answer in many cases is “no.” That is, unless your grantee is willing to release your foundation from its obligation. Generally, an unconditional, multiyear grant is considered a…

Community Foundations and Grants to Non-Charities

Legal Compliance Guidance
With a little caution, community foundations can support the charitable activities of non-charities. A chamber of commerce requests a grant to start a computer-training program. A gardening club asks for money to cover a local beautification project. A cemetery association seeks support for…

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…

Understanding Fiscal Sponsorship

Legal Compliance Guidance
Everything you need to know to stay out of trouble with third-party representatives. Does hearing the sentence "Just make that grant check payable to my fiscal agent" stop you in your tracks? It should. If your potential grantees are washing your grant funds through an accommodating charity that…

Donor-Advised Fund Gift to a 501(c)(3) Donor

Legal Compliance Guidance
Can a 501(c)(3) organization with a donor-advised fund at a community foundation make a distribution to itself? Unfortunately, when the law changed under the Pension Protection Act of 2006, this was left unclear. Intermediate sanctions rules prohibit grants and similar payments to donors from a…

Increasing the Number and Size of Awards

Legal Compliance Guidance
When donors to scholarship funds see the impact that their money can have on the life of a student, they are often inspired to contribute more. Sometimes they will add more to the principal of the fund so that future awardees can receive bigger scholarships or more scholarships can be awarded.…

Providing Relief in Times of Disaster - Grants to New Charities

Legal Compliance Guidance
Ideally, grantmakers will work with an existing charity or other well-established organization to provide disaster relief. But in the months after a disaster, it is not uncommon to see new charities cropping up in efforts to meet the immense and diverse needs of the affected communities. 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…

Funding Charitable Work in Sanctioned Countries

Legal Compliance Guidance
Since the terrorism attacks on September 11, 2001, grantmakers and other charitable organizations have become quite familiar with the work of the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) in the area of anti-terrorism concerns. OFAC has been one of the key U.S. government…

Grantmaking in an Age of Terrorism: Compliance Strategies

Legal Compliance Guidance
Since the November 7, 2002 publication by the United States Department of the Treasury of its “Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-based Charities,”1 grantmakers have grappled with the problem of how to comply with their legal obligations under Executive…

Handbook on Counter-Terrorism Measures: What US Nonprofits and Grantmakers Need to Know

Legal Compliance Guidance
A plain-language guide to Executive Order 13224, the Patriot Act, embargoes and sanctions, IRS rules, Treasury Department voluntary guidelines, and USAID requirements.

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…

Legal Framework for Global Philanthropy: Barriers and Opportunities

Legal Compliance Guidance
Prepared by the International Center for Not-for-Profit Law, this report provides a summary of the legal constraints in global grantmaking and draws on illustrative examples from the U.S., Europe, and other regions. It also outlines potential options to address these barriers.

Election Year Politics: What Foundations Need to Know

Legal Compliance Guidance
The election season, particularly in presidential election years, brings with it both opportunities and challenges for private foundations and public charities. Grantmakers can use this opportunity to increase civic involvement, provide nonpartisan information about candidates and educate…

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…

Sample Conflict of Interest Policy

Legal Compliance Guidance
Editable conflict of interest policies for staff and board members. 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…

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