Nonprofit Corporations and Independent Schools
Dannis Woliver Kelley represents private schools in a broad range of facilities matters, ranging from construction contract negotiations with builders and architects to negotiating development agreements on urban sites. We have a significant practice in advising private schools in community, personnel and student issues.
The firm also provides a full range of legal services to California nonprofit corporations, including formation and reorganization; advice on personnel, business, finance, property and construction issues; and compliance with reporting, governance, and oversight requirements.
As part of our work for school and community college district clients, we oversee the formation of nonprofit corporations to carry out specific endeavors, such as foundations for community fundraising and financing vehicles to support specific projects. We handle the formation of nonprofit 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 nonprofit corporations, including their formation and governance; asset management; personnel, accounting and reporting; and dissolution and closure.
Acting as general counsel and in other capacities, we advise our nonprofit 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 nonprofit 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 nonprofit corporations. In that context, we know and understand many of the challenges that may arise in the successful navigation of nonprofit entities on a personal as well as professional level.
Dannis Woliver Kelley attorneys have extensive experience representing California public entities, such as cities, counties, municipalities, housing authorities, redevelopment agencies and water districts. DWK attorneys have advised public agencies on personnel and labor matters, as well as construction, public works, public finance, environmental litigation, business transactions, eminent domain and land use.