Our Nonprofit and Tax-Exempt Practice

Montague Law helps your organization achieve its mission by covering the important aspects of nonprofit operation, from formation to compliance, tax-exemptions, board selection, governance, and fundraising.

Formation & Tax-Exempt Status

Our tax-exempt and nonprofit practice gives comprehensive guidance for establishing your organization. This includes drafting and filing Articles of Incorporation and Bylaws to ensure compliance.

Our services also cover securing federal and state tax-exempt status by preparing and filing IRS forms such as 1023, 1023-EZ, or 1024 and navigating the complexities of tax law to facilitate your organization’s smooth operation. Montague Law advises clients in determining the most appropriate type of exemption.

Governance & Compliance

Our team assists in developing mission appropriate governance structures and providing ongoing advice as your organization thrives and grows. Additionally, we work to create and implement compliance and ethics programs that meet your obligations, educate your workforce, and mitigate regulatory risks.

Our goal is always to ensure your nonprofit operates efficiently and in line with best practices so you can identify and address potential issues, helping you avoid penalties and maintain your tax-exempt status.

Operational Support for Nonprofits

Our attorneys also provide legal assistance on fundraising activities and ensure compliance with state law. We will assist in drafting and reviewing contracts, including employment contracts and internal policies, and in handling disputes.

Additionally, we support various business transactions involving your organization, such as mergers of exempt organizations, lease and purchase agreements, forming subsidiaries, and managing asset transfers to ensure transactions are legally sound and beneficial to your nonprofit.

Dispute Resolution and Litigation

Should your nonprofit face legal disputes, our litigation and dispute resolution lawyers are here to defend your interests. We represent you in court to achieve favorable outcomes.

Frequently Asked Questions

What Legal Services Do Nonprofits Need?

Nonprofits need legal services for all the same areas that a for-profit company needs, such as formation and incorporation, governance and compliance, employment law compliance, real estate transactions, intellectual property protection, data protection, and litigation and dispute resolution.

What Are the Responsibilities of Nonprofit Board Members?

Nonprofit board members are responsible for governing the organization by setting policies, ensuring financial oversight, strategic planning, fundraising, and compliance with legal and ethical standards. They must act in the nonprofit’s best interests, avoid conflicts of interest, and maintain stakeholder accountability.

How to Ensure Nonprofit Compliance?

Ensure nonprofit and tax-exempt compliance by working with a legal professional to establish clear bylaws, holding regular board meetings, providing board training, implementing conflict of interest policies, conducting regular audits, and maintaining transparency and accountability in operations and financial management.

How Can a Lawyer Help with Tax Exempt Compliance?

A lawyer can assist with compliance by ensuring your organization meets state and federal regulations, reviewing fundraising materials, advising on charitable solicitation registrations, and helping implement best practices to avoid legal pitfalls in fundraising activities.