Search Resources
Displaying 417 - 432 of 500 results
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…
FAQ: Disaster Grantmaking for Corporate Grantmakers
Legal Compliance Guidance, Fundamentals
In the aftermath of a natural disaster, corporate grantmakers often wish to address the needs of employees and the community at large. Grantmakers must understand the legal rules that govern disaster grantmaking. Below are the answers to many common questions on providing disaster relief.
Although…
Matching Gift FAQs
Fundamentals
What are the administrative/legal requirements for matching gift programs?
Is there a minimum or maximum to the corporation's or foundation's match?
Are there any gifts that should not be matched?
What kind of gifts can the corporation or foundation match?
What about matching gifts to…
Assisting Corporate Employees with Charitable Dollars: A Legal Framework
Legal Compliance Guidance
Corporate grantmakers regularly serve the broader community through grantmaking, promoting employee volunteerism, and other activities. When may a corporate grantmaking entity focus its charitable efforts on assisting its own employees and their dependents?
The answer to this question depends on…
Re-Grants by International Intermediaries That Are Not Public Charities
Legal Compliance Guidance
In international grantmaking, private foundations often make grants to organizations (“Initial Grantees”) that, in turn, re-grant those funds to other non-public charity organizations or individuals (“Secondary Grantees”).
Legal issues arise when a private foundation makes a grant to an Initial…
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…
Equivalency Determination or Expenditure Responsibility
Legal Compliance Guidance
Private foundations wishing to make a cross-border grant must ensure that:
The grant is clearly for a charitable purpose, and
The grant counts as a qualifying distribution for the purpose of meeting the foundation’s annual distribution requirement.
The easiest way for a private foundation to…
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.
NGOsource
External Resource
NGOsource improves the efficiency of international grantmaking and aims to achieve a significant increase in cross-border philanthropy by centralizing, streamlining, and standardizing the equivalency determination process for U.S. grantmakers. NGOsource is a project of TechSoup and was started with…
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…
Rules of Advocacy & Lobbying: Private Foundations
Legal Compliance Guidance
The rules of advocacy and lobbying for private foundations differ somewhat from community and public foundations.
As a private foundation, the law allows the following:
Advocacy
Lobbying
Funding Lobbying
Advocacy
Yes, private foundations may engage in advocacy activities as described under…
Foundations for Civic Impact: Advocacy and Civic Engagement Toolkit for Private Foundations
Toolkit
This toolkit is designed for private foundations that want to support grantee involvement in civic and policy activities to increase organizational capacity and impact. While its primary focus is on the grantmaking activity of foundations, the toolkit also addresses rules and guidance for policy…
About Council Resources
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. Council members may e-mail legal@cof.org with inquiries and for more information.
Take the Pledge
Commit to acting with fierce urgency to support our nonprofit partners, as well as the people and communities hit hardest by the impacts of the pandemic.