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.

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Legal Background on the Charitable Purpose of Donor Advised Funds

Legal Compliance Guidance
Donor advised funds are specifically defined in Section 4966(d)(2) of the Internal Revenue Code as a “fund or account which is separately identified by reference to contributions of a donor or donors, which is owned and controlled by a sponsoring organization, and with respect to which a donor (…

Can My Foundation Fund Legal Aid for Individuals?

Legal Compliance Guidance
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…

What is Expenditure Responsibility?

Legal Compliance Guidance
Expenditure responsibility is a five step procedure that is designed to ensure that foundation funds are used for exclusively charitable purposes. The five basic steps that are required for completing expenditure responsibility include: Conducting a pre-grant inquiry including a reasonable…

Expenditure Responsibility Chart for Private Foundations

Legal Compliance Guidance
This document is a tool to help you as a private foundation determine when to use expenditure responsibility for grants to public charities.

Record Retention for Foundations

Legal Compliance Guidance
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…

FAQ: Global Grantmaking

Legal Compliance Guidance, Fundamentals
What are the legal requirements for private foundations wishing to make cross-border grants? What is equivalency determination? What is expenditure responsibility? How do I decide whether to use equivalency determination or expenditure responsibility? What are the legal requirements for…

FAQ: Scholarships

Legal Compliance Guidance, Fundamentals
What are the advantages, disadvantages, and likely costs of scholarship programs? What do the private foundation rules require, and how should community foundations apply the rules? What rules or procedures govern community foundation scholarship programs? Does a community foundation need to…

Conflicts of Interest - Key Issues for Foundations

Legal Compliance Guidance
With Congress and the media focusing on corporate governance and foundation administration, now is the time to make sure that all grantmakers have a strong conflict of interest policy in place. Both private foundations and public charities (such as community foundations) should have clear…

FAQ: Donor-Advised Fund

Legal Compliance Guidance, Fundamentals
The Pension Protection Act of 2006 includes the first comprehensive regulation of donor-advised funds. These requirements generally took effect at the beginning of the tax year following enactment of the Act, for charities that hold assets in such funds. However, a provision barring the payment…

When to Say “No” to Fulfilling Personal Charitable Pledges

Legal Compliance Guidance
Your giving program looks like a convenient vehicle for fulfilling personal charitable pledges. Here’s what you need to know about when to say “no.” The board of the ABC Family Foundation is considering a number of suggested grants, including a contribution to the local symphony’s capital drive.…

A Compliance Checklist for Private Foundations

Legal Compliance Guidance
The persistent scrutiny of nonprofit governance has prompted leaders at many types of organizations to take steps to assure that their own houses are in good legal and financial order. This checklist is a good place for you as a private foundation to start.

Thinking about an Audit? Read this First

Legal Compliance Guidance
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.    …

Legal Basics: What Every Foundation Leader Should Know

Legal Compliance Guidance
A guide to legal basics for foundation leaders covering: tax on investment income, self-dealing, payout requirements, excess business holdings, jeopardy investment rules, taxable expenditures, intermediate sanctions, reasonable compensation, and grants to non-charities. 

Nonprofit Law in Vietnam

Legal Compliance Guidance
Current as of June 2021 | Download print version (PDF) This section describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Vietnam, along with translations of legislative provisions relevant for a foundation or advisor undertaking an…

Providing Relief in Times of Disaster - Private Foundation Giving

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…

Matching Gifts and Donor Benefits

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…

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