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…

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 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…

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…

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.…

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…

Question: May a company and its private foundation share employees? Answer: Yes, so long as any arrangement between the private foundation and the sponsoring company is structured in a way that does not violate the prohibition against self-dealing. Corporate foundations and their sponsoring…

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…

Slide presentation reviewing the basics of avoiding self-dealing as a family foundation.

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-…

Question: Our staff just received a request for a copy of our foundation's Form 990-PF. Are we required to provide this information? Answer: Yes. A foundation’s tax return on Form 990-PF provides a wealth of information about the organization including asset size, board members, salary information…