Nonprofit Organizations
The Stolar Partnership LLP provides legal services to a broad range of nonprofit organizations across the country. Our clients include hospitals, educational institutions, religious organizations, cultural institutions, and private foundations.
Our attorneys have experience in establishing and maintaining the tax-exempt status of public charities and private foundations, establishing the deductibility of charitable contributions, creating charitable giving plans, advising on board governance issues, developing policies and corporate compliance programs, and advising on employment laws as they apply to nonprofit organizations.
We are active in the nonprofit community as members of boards. We regularly speak on topics specific to nonprofit organizations and provide training on a variety of issues. Because of our expertise, our attorneys teach the Washington University masters-level course on the legal issues facing nonprofit organizations.
Our attorneys have experience in many disciplines, and as a result also serve in other practice groups within the Firm. This cross-discipline approach provides our clients with a critical broad base perspective.
For more information, please contact Leonard J. Pranschke, K. Edward Holderle,or any one of our attorneys practicing in this area.
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Charitable Giving
Our firm has long-term experience in state charitable solicitation laws and the application of federal and state securities and insurance laws to deferred giving vehicles such as charitable gift annuities, charitable remainder trusts and pooled income funds, including compliance with the Federal Philanthropy Protection Act of 1995. Our firm has been extensively involved in the establishment and ongoing maintenance of direct and deferred giving programs, charitable remainder unitrusts and annuity trusts, pooled income funds, charitable gift annuities, endowments and donor advised funds, and with the regulatory and statutory compliance issues that affect deferred giving. We assist organizations by monitoring their interests in probate estates and trusts. Our attorneys provide advice on the establishment and maintenance of revocable and irrevocable trusts for the benefit of our clients.
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Employment Law
We regularly advise clients on many aspects of employment law, including preparation of employment agreements and policy manuals, employee benefits (including group health and cafeteria plans) and defense against employment related claims, including those based upon sexual misconduct or sexual harassment. Our attorneys carefully monitor those areas of employment law, such as discrimination on the basis of religion, which are unique to religious nonprofit organizations, in order to be able to provide guidance to the firm's religious nonprofit clients in this unique area of employment law. Recently, one of our attorneys authored the employment law section of the upcoming American Bar Association publication, "Representation of Religious Organizations."
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Finance
We have acted as counsel to issuers in connection with taxable bond issues and other taxable financings, and as counsel to borrowers in connection with tax-exempt state, municipal and public authority financings and in conjunction with traditional bank and other lender financings. We have also participated in the creation, implementation and operation of a master trust indenture, permitting a group of related organizations to pool their individual assets for the limited purpose of securing specific debts of the group, while providing protection for the assets of each group member from other debts of the remaining members of the group. We also represent a number of church extension funds in the operation of mortgage lending programs for church organizations.
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Higher Education
The Stolar Partnership’s higher education practice, chaired by James Bryant, operates in tandem with its overall national representation of nonprofit organizations. Areas of representation include governance, development, finance, intellectual property, the administration of charitable funds, and financial restructuring, with particular emphasis on small colleges and universities. We also work closely with all types of institutions to prevent and defend claims arising out of institutional misrepresentations and other complex allegations. Additionally, our firm has special expertise in intercollegiate athletics, including NCAA matters, coaches’ contracts, intellectual property as well as the overall strategic management of institutional sports marketing.
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Organization and Structure
For decades, The Stolar Partnership LLP has provided advice on the legal structures formed for the operation of tax-exempt, nonprofit organizations. We have formed trusts, corporations, limited liability companies and advised on partnership participation for nonprofit organizations. Our attorneys are particularly knowledgeable about the Revised Model Nonprofit Corporation Act and its predecessor acts. Two of our attorneys are members of the American Bar Association’s Subcommittee on Nonprofit Governance and of the Subcommittee on the Revision of the Revised Model Nonprofit Corporation Act.
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Securities and Mortgage Lending
We regularly advise nonprofit clients concerning the unique application of federal and state securities laws to their operations. We serve as counsel to a number of church extension funds and church denomination finance arms that issue taxable bonds for the purpose of raising capital for the construction of facilities for church and other organizations affiliated with the denomination or otherwise recognized by it. We advise them concerning compliance with the securities laws of all fifty states and the District of Columbia. Another area of expertise is in the compliance of nonprofit organizations with federal and state insurance and securities regulation of deferred giving contracts, such as gift annuities, charitable remainder trusts, pooled income funds, and common investment funds in which a number of organizations combine to invest these assets.
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Taxation
We assist clients in obtaining and maintaining their tax-exempt status, and also provide guidance and direction to assist clients in identifying and capitalizing on opportunities for growth and expansion of their charitable activities, while avoiding pitfalls such as unrelated business taxable income. In addition, our attorneys have strong expertise in the areas of direct and deferred giving, including the establishment and ongoing maintenance of charitable remainder unitrusts, annuity trusts, pooled income funds, gift annuity programs, endowments and donor advised funds.
Our attorneys practice regularly in all areas of the Internal Revenue Code, including Section 501(c)(3), that affect charitable, religious, and educational organizations. We regularly work with Internal Revenue Service representatives on various tax issues affecting tax-exempt organizations.
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