Establishing a nonprofit organization involves two steps: state incorporation and obtaining federal tax-exemption.  Incorporation generally involves preparation of two key documents: the Certificate of Incorporation and Bylaws. An application for federal tax-exemption must include information about the organization and its proposed activities, including a three-year budget.  At Perlman & Perlman, we assist new organizations in the incorporation and tax-exemption processes to ensure that they establish the right structure from the beginning, putting them into a strong position to carry out their missions.

We also advise our clients about nonprofit law when they are establishing governance policies so they can operate effectively and in compliance with applicable regulations. Certain governance rules vary depending on the applicable state nonprofit corporation law and the type of organization at issue (e.g., membership associations, religious organizations).  In addition, many states have passed regulations that extend certain provisions of the federal Sarbanes-Oxley Act to nonprofits, including whistleblower and record-retention requirements.  Charity watchdogs (e.g. Better Business Bureau, Charity Navigator) also require nonprofits to meet certain governance best practices before they will give their approval. 

Perlman & Perlman carefully guides clients through the formation process and the establishment of good governance policies and practices.  We also help boards understand their fiduciary obligations and industry best practices so they can provide meaningful oversight to their organizations. 

Our Nonprofit Formation & Governance Services include:

• Formation of nonprofit corporations and charitable trusts.
• Preparation and review of governance documents. (nonprofit bylaws, governance policies, etc.)
• Consultation on the legal duties of boards, including fiduciary and ethical obligations.
• Advice on best practices for board members, including conflicts of interest and financial controls.