DWK The Point

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Practice Area Details

Independent Schools and Nonprofit Corporations

DWK provides a full range of legal services to California non-profit corporations, including formation and reorganization; advice on personnel, business, finance, property and construction issues; and compliance with reporting, governance, and oversight requirements.

We oversee the formation of non-profit corporations to carry out specific endeavors for school districts, such as foundations for community fundraising and financing vehicles to support specific projects. We handle the formation of non-profit corporations and assist with the filing of applications to the IRS and California Franchise Tax Board to obtain tax-exempt status under relevant provisions of the federal tax code. We assist with periodic and annual filings to state agencies to maintain good standing. We regularly address a full range of issues that relate to district and community foundations, including fundraising and reporting practices, personnel issues, contracting and other business items, and involvement in campaigns for ballot measures. We also assist in the oversight of charter schools’ operations as non-profit corporations, including their formation and governance; asset management; personnel, accounting and reporting; dissolution and closure.

We represent private schools and other non-profit entities in a broad range of matters, from business, property and construction items to community, personnel and student issues.

Acting as general counsel and in other capacities, we advise our non-profit clients on development and revision of articles of incorporation and by-laws and other matters for corporate governance, such as status or reporting issues; contracting and business items; self-dealing and conflict of interest prohibitions; and other questions that may arise in the organization, activities, and management of the board and administrative officers. Our representation of non-profit entities extends to bond and other financings, including issuance of qualified 501(c)(3) bonds.

Many of our attorneys also serve on boards of various California non-profit corporations. In that context, we know and understand many of the challenges that may arise in the successful navigation of non-profit entities on a personal as well as professional level.

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