Formation, Governance, and Operations
We have extensive experience advising both new and long-standing public charities, private foundations, and operating foundations, including family, independent, and company foundations and corporate giving programs on various organizational and operational matters. Our team has expertise in all phases of an organization's lifecycle, including: designing organizational structures; establishing effective governance practices; assisting with formation; advising on strategic partnerships with tax-exempt and for-profit organizations; addressing a full array of operational matters; and navigating mergers and dissolutions.
Through Arnold & Porter’s cross-disciplinary team, we also advise our public charities and private foundations clients regarding employment and employee benefits; compensation review and structuring; government contracts and grants; real estate transactions; unrelated business income tax matters; and complex internal investigations in a variety of contexts, including governance, financial management, employment, and charitable operations.
How We Can Help
- Advising on structuring and establishing tax-exempt organizations, including drafting formation documents and securing tax-exempt status
- Counseling boards on fiduciary duties, governance best practices, and risk management
- Drafting key governance policies and structure board operations
- Ensuring compliance with private foundation excise tax rules, charitable solicitation laws, and grantmaking regulations
- Assisting with IRS audits, state investigations, and other regulatory inquiries
- Advising on executive compensation, employment matters, and shared services arrangements between nonprofits and affiliated entities
Key Contacts
Related Services
