Not-for-Profit

Benesch’s Not-for-Profit Team assists not-for-profit and tax-exempt clients in a broad array of matters, ranging from filing for nonprofit status and preparing federal and state tax exemption applications to training in not-for-profit regulatory compliance. Our not-for-profit attorneys are committed to protecting our clients’ assets so that they can continue to drive the missions and goals of their organizations.

Practice Snapshot

Not-for-Profit Tear Sheet

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Overview

Not-for-profit attorneys experienced in dispute resolution, taxation, public affairs and nonprofit regulatory compliance

Benesch’s Not-for-Profit Team counsels and represents a wide range of not-for-profit organizations. These organizations contend with a variety of obstacles, from managing not-for-profit regulatory compliance issues to establishing fundraising foundations, navigating IRS and state attorney general oversight and securing public funding sources.

The challenges in the not-for-profit world are plentiful, and our attorneys have the experience to tackle them head on. Benesch’s not-for-profit attorneys are actively involved in lobbying for not-for-profit organizations. In the past, our members have represented the interests of the Ohio Alliance of YMCA’s in a wide range of matters from child care to camping and the Ohio Association of Nonprofit Organizations (OANO) and its member organizations in negotiations over public funds contracting and accountability legislation.

In addition, Benesch’s attorneys are regularly involved in legal not-for-profit issues regarding:

  • State property tax exemptions
  • Licensure and certification
  • Compliance with Medicare and Medicaid
  • Reimbursement and compliance matters
  • Mergers and acquisitions
  • Dissolutions
  • Restructuring and reorganizations
  • Tax exempt and conventional financing
  • Development and construction

Highly Ranked in Not-for-Profit Law and Charities Law

Benesch received a first-tier ranking in Columbus in the area of not-for-profit/charities law by Best Lawyers® “Best Law Firms,” a referral guide of U.S. attorneys that is universally regarded as the definitive guide to legal excellence in the U.S.

Focus Areas

Not-for-Profit/Corporate
Not-for-Profit/Government Relations
Not-for-Profit/Health Care
Not-for-Profit/Intellectual Property
Not-for-Profit/Labor & Employment
Not-for-Profit/Litigation
Not-for-Profit/Public Finance
Not-for-Profit/Real Estate
Not-for-Profit/Tax

Related Practices

Corporate
Government Relations
Healthcare
Labor & Employment
Litigation
Public Finance
Restructuring & Bankruptcy

Related Industries

Construction
Energy
Real Estate

Experience

Successfully advocated for changes to Ohio’s nonprofit corporation statute to encourage and incentivize board service.

Advised a nonprofit organization on strategies to avoid dissolution in the face of potential regulatory shutdown.

Represented a state attorney general’s office in establishing a charitable entity tasked with receiving and distributing opioid settlement funds. Our work included entity formation, securing tax-exempt status, advising on governance and operations, and drafting the organization’s governing documents, including policies on gifts, grants and compensation.

Obtained tax-exempt status for a first-of-its-kind organization dedicated to supporting the growth and development of struggling musicians.

Formed and obtained 501(c)(3) status for a nonprofit organization focused on advancing social enterprise in Ohio.

Secured a gubernatorial veto to prevent the sunset of a nonprofit corporation targeted for dissolution by the Ohio Legislature.

Represented a private university in acquiring the assets of an affiliated graduate institution, including analyzing and restructuring restricted gifts and obtaining court approval to implement the plan.

Advised a group of college alumni in forming a charitable entity that acquired the assets of their former college and played a key role in reopening the institution. Our work included securing tax-exempt status and successfully petitioning the Probate Court to modify preexisting gifts under the doctrines of cy-près and deviation.

Serve as outside general counsel to a regional Jewish community organization.

Advised on management agreements among multiple nonprofit entities operating under a shared umbrella, with a focus on compliance related to lobbying activities.

Obtained tax-exempt status for a nonprofit organization serving veterans.

Represented a regional medical institution in various legal matters, including issues related to restricted charitable gifts.

Currently serve as outside general counsel to a nonprofit community organization and its affiliated foundation, with a combined annual revenue of $17.5 million and assets totaling $31 million. Our work spans governance, tax and exemption matters, real estate, and a wide range of other legal issues.

Brought breach-of-contract and fraud claims on behalf of disaster-relief charity against program participant whose employees stole Superstorm Sandy relief funds.*

Key Contacts: Paul J. Kremer

Serve on outside counsel team representing nonprofit foundation created to distribute Ohio’s opioid settlement dollars.

Key Contacts: Holly F. Gross

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