The attorneys of Briskin, Cross & Sanford, LLC, participate in many civic causes and support a number of charities in the communities where we live and work. As a natural outgrowth of our community involvement, our firm provides legal counsel in the formation and operation of charitable organizations, private foundations, community and civic organizations, trade associations and other nonprofit entities.
We advise nonprofit entities throughout the Greater Atlanta, Georgia, area, including Alpharetta, Roswell, Marietta, Norcross, Cumming, Suwanee, and throughout Fulton County and Cobb County. Our attorneys have approximately 30 years of combined experience in corporate law and business organization.
Nonprofit Incorporation and Other Nonprofit Legal Issues
Can a charity or organization obtain tax-exempt status without incorporating? The answer is yes, but nonprofit incorporation shields officers and directors from personal liability for actions of the organization. In addition, Georgia nonprofit law limits the liability of nonprofit corporations for punitive damages, whereas unincorporated associations have no similar protection. We are familiar with the requirements for forming 501(c)(3) charities, 501(c)(4) advocacy groups, 501(c)(6) trade associations and chambers of commerce, 501(c)(8) fraternal benefit societies, homeowners associations, and other nonprofit entities. We also have assisted numerous groups in applying for and securing tax-exempt status with respect to federal income taxes.
The lawyers of Briskin, Cross & Sanford, LLC, can advise about various nonprofit law issues, including:
- Compliance with private inurement (excess compensation) laws regarding personal gain by officers, directors or others with special relationships to the nonprofit organization
- Avoiding excess benefits tax for members (which can endanger the nonprofit’s tax exemption)
- The extent to which a nonprofit can be involved in political activity, including campaign contributions and advocacy
- State and federal disclosure requirements concerning fundraising activities
- Conflicts of interest for board members or staff
- Liability insurance for directors and officers
- Starting a private foundation for scholarships or other community support.
Service to community and support of nonprofits is integral to our philosophy at Briskin, Cross & Sanford, LLC. We provide legal services to and are active members of the Greater North Fulton Chamber of Commerce, and we helped establish the 400 Technology Connection. Our attorneys have assisted numerous individuals and small organizations by providing pro bono assistance through the Georgia Lawyers for the Arts. Our attorneys are involved in academic and sports coaching, political campaigns, development initiatives, churches and synagogues, and many other not-for-profit activities.