Nonprofit organizations play an essential role in society, but can often get bogged down with regulations, mainly when frequent changes occur. Charity lawyers are vital to helping nonprofit organizations continue to function and navigate the ever-changing landscape of rules and laws.
Charity lawyers like B.I.G. Charity Law Group specialize in giving comprehensive guidance to nonprofit organizations to help them understand the regulatory complexities and keep them on their mission.
Navigating Charitable Registration and Compliance
Lawyers who specialize in the laws and regulations that affect charities can assist those with a vision to help others begin a nonprofit, setting it up on a firm foundation. Whether the mission is building micro-housing to provide affordable homes in a community or creating playscapes in underserved neighborhoods, it’s essential to have a charity lawyer in the mix so that the nonprofit can secure and maintain its charitable status.
In Canada, organizations that desire nonprofit status must meet specific criteria set forth by the Canada Revenue Agency (CRA). Charities and nonprofits also have to adhere to the obligations outlined by the CRA. The first requirement is that the organization has a charitable purpose that fits CRA’s categories. These include advancing education, alleviating poverty, advancing religion, and other activities that benefit society.
The organization must also be established as a legal entity, such as a nonprofit corporation, an unincorporated association, or a trust. All the details about the nonprofit are submitted along with an application. This paperwork includes the organization’s purpose, activities, financials, and governing documents.
Lawyers are pivotal in helping the charity organization maintain its status by adhering to the CRA requirements. For example, charities must exclusively use all the funds and assets for charity work, comply with reporting obligations, and avoid prohibited activities.
Legal firms often offer protection packages that will keep organizations compliant with current guidelines to protect their charitable status. B.I.G. Charity Law Group provides such a package. Knowing that a charity has qualified legal support gives donors, directors, and volunteers peace of mind.
Establishing Board Structure and Governance
When creating a board, charity lawyers guide nonprofit organizations in establishing their structure and governance. Lawyers can help determine the number of directors to sit on the board and assist in setting a fixed or variable board size specified in the organization’s articles.
The lawyers will also ensure the charity complies with the Canada Not-for-Profit Corporations Act (NFP Act).
Another essential part of setting up a charity is drafting the bylaws to make sure they comply with legal requirements while also outlining the roles and responsibilities of the directors. This creates a clear line between governance and management to prevent overlaps and to create accountability. The procedures for board meetings and how decisions are made also have to be decided. Bylaws need to be structured for the efficient operation of the charity.
Charity lawyers can also offer ways to identify and deal with conflicts of interest within the board while guiding disclosure and recusal requirements. Setting up a website detailing how the charity is governed is not unusual for maintaining transparency.
Clarifying What Is a Donation and a Sponsorship
Donations to nonprofits are vital to maintaining the functions of a charity, and fundraising for nonprofits is more important than ever. To avoid problems when it comes time to file taxes and to keep in compliance, charity organizations need to understand the difference between donations and sponsorships.
Donations are money or property given to the charity without anything in return. Donors might get some recognition, but that’s all. Sponsorships are when businesses provide funds to a charity to receive advertising or promotion in the organization’s materials or website.
A law firm specializing in charities like B.I.G. Charity Law Group can ensure that donation receipts are properly issued to fit with regulations by the CRA.
Asset Protection and Risk Management
When setting up a charity, lawyers can assist with trademark registration to protect the charity’s name, logos, and domain names so it can have a distinct brand.
Lawyers also specialize in protecting nonprofit boards from personal liability and will advise charities on the type of insurance coverage they should obtain to protect the directors.
Additionally, legal experts can safeguard organizations by ensuring transparency and accountability. Nonprofits need to keep detailed inventories and perform regular financial reviews.
The organization should also maintain proper documentation to safeguard the charity. Lawyers can help guide this process to make sure it’s done correctly.
Having legal partners who specialize and are focused on nonprofit law is an asset due to the lawyers’ knowledge of the legal, regulatory, and governance issues that charitable and nonprofit organizations face. A law firm will stay current with all the changes in legislation and regulations that affect a nonprofit and can advise on how to remain compliant, avoiding costly errors, penalties, and loss of reputation.