Starkweather Law

Services for 501(c) Non-Profits

We provide a full range of services to support clients who want to qualify as a 501(c) non-profit and also compliance and support for clients who already are 501(c) non-profits. Services include entity formations, 1023 and 1024 application assistance, compliance support, ranging from IRS communications, to review of bylaws, to review and consultation on an organization's structure. We draft all the required documentation for new entities: bylaws, conflict of interest policy, expenditure responsibility policy. 

Conflict of Interest

‚ÄčThe IRS requires that a 501(c) non-profit take measures to insure that funds and services are not used for the benefit of individuals associate with the organization. Documentation must provide rules to ensure that the organizations funds and services are used for a charitable purpose. This is typically the exempt purpose of the non-profit. A well drafted conflict of interest policy will help the non-profit's Board to determine when a conflict is likely and will provide rules on who and how a vote will be made to ensure that the organization does not engage in activities that create a conflict. A well drafted policy will also provide rules on how to resolve a conflict when it does arise.

Bylaws

When a corporation is formed, it is necessary to draft bylaws. The bylaws detail how the corporation will be run, how the management and Board will be selected, the process for decision making, the size of the Board, officer powers and financial duties. In a non-profit it is essential that these rules of operation and governance are coded in such a way as to be compliant with the Federal tax law. If you have an existing corporation we will edit your bylaws to make them compliant with the IRS requirements for a 501(c) organization. If you are forming a new corporation, we will provide bylaws that fit your vision while maintaining compliance with the 501(c) rules.

Compliance

Regardless of whether you are a new non-profit or a long standing one, it is imperative that the IRS rules to maintain Tax exempt status are followed. We are able to offer services to help you analyze whether or no a specific transaction meets the IRS standards and we are also able to analyze whether your organizational structure overall complies with the IRS regulations. If you have questions about whether your non profit is compliant give us a call.

1023 Application 

In order to confirm an organization's status as a non-profit under the Federal Tax law, you must submit the 1023 application. This is a long and detailed application that explains to the IRS the charitable purpose of the organization as well as documenting the financial and governance steps the organization plans on taking in order to ensure that it meets the requirements for Federal tax exemption.