Non-profit organizations play an integral role in the well being of our communities and the quality of life of us all. They provide essential services that fill in the gaps where governmental and private sector efforts fall short. Without the ongoing dedication of thousands of individuals, both paid and unpaid, the quality of all our lives would be dramatically altered and diminished.

Entities that operate as non-profits include charitable foundations, educational, social service, literary, musical, theatrical, political action, public safety, and religious organizations as well as trade associations, health care providers, and homeowners associations, to name a few. All of them face legal issues unique to their organizational structures and mission statements. In order to function most effectively and within the law, these entities need knowledgeable and experienced legal counsel to guide them through the many constraints of their operations and to meet potential challenges as they occur.

Issues common to non-profits include:

• governance through constitutions and by-laws
• state laws regarding non-profit legal status
• IRS rules and regulations (including 501(c)(3) exempt status)
• duties of boards of directors and officers
• liabilities of paid and unpaid personnel
• fund-raising and financial obligations regarding charitable giving
• hiring, evaluating, and terminating employees; compensation issues
• dynamics and functions of membership structures
• staff/ board/ volunteer relations
• legal issues in planning, implementing, and managing programs
• private inurement and lobbying
• real estate transactions
• contract and lease review
• joint ventures, mergers and acquisitions

Stark & Stark attorneys have both the breadth and depth of experience to assist non-profits from their inception through their continuing years of operation. Our Non-Profits Practice Group has the expertise to foresee problems before they occur, enabling our non-profit clients to be proactive in all phases of their operations. In cases where problems arise, our attorneys use a cross-disciplinary approach to resolve issues in the most cost-effective and least disruptive manner.

Non-profits have a special mission and must pay particular attention to the economics of running their organizations. As stewards of other people's gifts and donations, non-profits are mandated to spend wisely and to make every effort to see that resources are directed to the programs and services for which they are intended. Minimizing business and legal expenses is a critical part of maximizing economic effectiveness and Stark & Stark attorneys make every effort to help their non-profit clients meet these important and non-negotiable parameters. The continued success of a non-profit may depend on how well these objectives are met.