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Nonprofit Organizations

The attorneys at McDaniel Wolff understand that charities and nonprofit organizations play an irreplaceable role in the social and economic well-being of our communities. We are proud to serve as counsel to numerous charitable organizations of all sizes and phases of their operation.

Whether you need assistance with creating your organization and obtaining 501(c)(3) tax-exempt status from the IRS, or finding solutions to regulatory compliance and other legal matters that charitable organizations face on a daily basis, our team of attorneys can help you find innovative and cost-effective solutions.

If we can assist you with your non-profit organization, please call or email one of our non-profit attorneys featured on this page, or submit an inquiry via our contact form available here.

Formation of Arkansas Nonprofit Organizations

If you are planning on forming a nonprofit organization, our attorneys have the resources and experience to help. Most Arkansas nonprofits are governed by the The Arkansas Nonprofit Corporation Act of 1993 and applicable sections of the Internal Revenue Code. Understanding the laws and regulations involved in forming a charitable organization is critical to the sustainability of your new organization. When you work with our attorneys, you can rest assured that we will provide the counsel you need to establish a strong legal foundation for your charitable mission.

Generally, starting a nonprofit in Arkansas involves taking some or all of the following steps:

• File articles of incorporation with the Arkansas Secretary of State;
• Convene a meeting to elect the Board of Directors, to adopt By-laws, and to adopt conflict-of-interest policies;
• Apply to the Internal Revenue Service (IRS) for federal income tax-exempt status;
• Apply to the Arkansas Department of Finance and Administration for state income tax-exempt status;
• If applicable, register with the Arkansas Secretary of State as a organization soliciting donations; and
• Obtain any required municipal or state operating permits / licenses.

Our attorneys will work with you to determine which steps are necessary, prepare the appropriate documents, and file with the applicable government agencies. What we can do and what we do well, is help you with the nonprofit formation process. We take care of the legal needs so you can focus on building your organization.

Full-Service Nonprofit Practice

To prevent abuse, non-profit organizations that qualify for tax-exempt status are subject to complex and ever-changing laws, regulations, funding restrictions, and reporting requirements imposed by the IRS and local governments. Generally, charitable organizations must also comply with laws applicable to for-profit businesses. Our attorneys engage in a comprehensive tax and corporate law practice which enables us to assist charitable organizations with most any legal matters that arise in their day-to-day operations.

We regularly provide counsel to nonprofit organizations for the following and much more:

• Establishing Public Charities
• Establishing Private Family Foundations
• Establishing Corporate Foundations
• Establishing Endowment Funds
• Establishing Trade Associations
• Structuring Nonprofit Governance and Boards of Directors
• Obtaining 501(c)(3) Tax Exempt Status from the IRS
• Obtaining Tax Exempt Status for Other Types of Non-Profit Organizations such as Civic Leagues, Chambers of Commerce, Fraternal Societies, and Social Clubs
• Counseling Churches and Religious Organizations
• Preparation of Contracts Containing Restrictions on Use of Donations
• Regulatory Compliance and Annual Reporting
• Reviewing Private Inurement Issues
• Reviewing Transactions Between Charities and Affiliated Parties
• Creation of Grant Programs and Grant Approval Procedures
• Reorganizations, Mergers, or Dissolutions of Charities in Transition

If we can assist you with your non-profit organization, please call or email one of our non-profit attorneys featured on this page, or submit an inquiry via our contact form available here.