Church Ministry Practice

Church & Nonprofit

Nonprofit organizations are very important to society. In a world that is increasingly becoming more profit-oriented, nonprofits perform a role that is consciously dedicated to improving the lives of people. The resources, goods, and services they willingly provide through various programs impact every sector of society. It does not overstate things to say that nonprofit organizations are indispensable for countless people.

Our attorneys at Provident Law® recognize how essential nonprofits are to society. They deserve all the support they can get and Provident Law® does its share by providing them the counsel and legal services they need.

We counsel and serve charities, foundations, churches, ministries, private schools, colleges, universities and other types of nonprofit organizations — providing broad transactional and general counsel services. We also represent these organizations in litigation.

On a daily basis, our clients write a new narrative for our future: the future of education, the future of generosity, the future of kindness and care for the poor and powerless. They encounter complex situations that demand excellent legal service, from corporate structuring to raising capital to employ volunteers and executives. On all these issues, we can deliver. They deserve it.

OUR NONPROFIT PRACTICE SERVICES:

  • Formation
  • Corporate and Finance
  • Governance and Industry-Specific Best Practices
  • Employment
  • Zoning and Land Use
  • Philanthropy
  • Religious Liberties
  • Litigation

WHILE THERE IS MUCH BEHIND EACH AREA OF NONPROFIT PRACTICE, THIS IS A SCOPE SUMMARY OF EACH

Formation

We form and qualify 501(c)(3) organizations which are exempt from federal income tax under the United States Code.

Philanthropy

We structure tax-advantaged gifts and establish family foundations and charitable trusts.

Corporate and Finance

We effectuate mergers, acquisitions, joint ventures, bond financings, mortgage financings, and bridge loans. We plan and structure ownership of for-profit and nonprofit subsidiaries. We also guide organizations in their ongoing compliance with I.R.S. rules and regulations regarding their tax-exempt status, including the treatment of unrelated business income and management of charitable contributions.

Governance and Industry-Specific Best Practices

We prepare and implement organizational documents and policies based on industry-specific best practices. And we support boards of directors, year after year, with timely counsel on good governance.

Employment

We negotiate and prepare executive employment agreements. We also analyze issues in connection with teams of volunteers and employees, drafting employee handbooks and policies. Among those, we understand key matters to assist clergy, ministers, and pastors. And we help put these plans into practice.

Zoning and Land Use

We assist organizations in obtaining zoning approval for use of their property and in resolving disputes with zoning authorities.  Zoning disputes have become one of the top reasons churches and other ministries end up in court. We understand and can help apply important constitutional and federal protections for organizations in this area.

Religious Liberties

At the heart of every organization is a mission. The mission of religious organizations is entitled to special protection under the constitution as well as numerous federal and state laws. Religious organizations are not treated the same as businesses or secular organizations. We know about the constitutional protections and statutory exemptions available and can assert those to protect the religious liberties of religious organizations.

The Need For Nonprofit Practice

Nonprofit organizations enjoy numerous freedoms.  However, they still need to comply with the laws of the land. After all, even charitable work is covered by rules and regulations, and failure to follow those rules could mean the loss of their federal tax-exempt status. No nonprofit would ever want that to happen, because losing their 501(c)(3) status threatens their continued operation, as the foundations and corporations that support them aren’t likely to keep on doing so without it.

When a nonprofit approaches us for help with legal questions, we gladly provide exactly what they need. We do our best to get a complete understanding of the specific legal and business needs of the nonprofit organization, whose leaders are sometimes too busy with other concerns to concentrate on the legal aspects of their organization’s operations.

We guide them through the complexities of state and federal laws and present them specific solutions to any legal challenges they might be facing to ensure their smooth, efficient, and completely legal operation.

Contact Provident Law® today for assistance with any church or nonprofit law questions you may have.