Nonprofit Organizations

In many ways, a nonprofit organization is like any other business entity, with the same kinds of opportunities and challenges that for-profit businesses confront.  At the same time, nonprofits face unique problems precisely because of their not-for-profit purpose.

Schenck, Price, Smith & King, LLP’s Nonprofit Organizations practice group represents many nonprofits based in New Jersey and New York, ranging from large and complex entities like hospitals and educational organizations, to smaller public charities and private foundations.  Our broad experience enables us to counsel a nonprofit organization from its inception to its end, through merger or dissolution, finding legally appropriate and practical solutions to whatever issues it faces. While we bring to bear our experience with many other nonprofit and for-profit organizations, we also recognize that every nonprofit faces issues that are distinctive to its mission.  

In addition, the Group, with the assistance of attorneys in other practice groups in the Firm, advises on all aspects of law and business that impact nonprofit organizations, including real estate transactions; litigation; employment policies and matters; issues relating to intellectual property; and estate planning. 

We do not just represent nonprofits; we serve on nonprofit boards and, in some cases, have led them. Our perspective is broad and deep because in addition to our role as counsel to organizations, the members of the group are speakers and authors on various nonprofit-related topics and serve on various committees and in leadership positions. 

Services to Clients

The group assists nonprofit clients in connection with: 

  • incorporation, including organizations with foreign operations
  • developing and drafting bylaws and corporate policies and procedures
  • selecting and developing the board
  • counseling on the relationship between trustees and management
  • general business and contract issues
  • mergers, acquisitions and collaborations
  • financings
  • dissolutions
  • advice on virtually all types of tax matters, including applying to the IRS for exemption, applying for group exemptions, charitable solicitation registration, advice relating to unrelated business taxable income (UBTI), private inurement, private benefit, excess benefit and private foundation excise taxes, etc.
  • applying to states for exemption from income taxes, sales and use taxes, and property taxes
  • review of Form 990s and 990-PF 
  • tax-exempt bond financing

Representative Clients

Current and recent nonprofit clients include:

  • The Fannie E. Rippel Foundation
  • Society of Cosmetic Chemists
  • New York Society of Cosmetic Chemists
  • Evergreen Cemetery Association
  • Daytop Village of New Jersey, Inc.
  • The Doris Duke Charitable Foundation
  • The Duke Farms Foundation
  • Morris County Chamber of Commerce
  • Morris County Economic Development Corporation