Legal Compliance Guidance
Sample Documents for Scholarship Funds
Sample Document
Community foundations that award scholarships and other grants to individuals from funds with donor involvement should be sure these funds comply with the requirements of the Pension Protection Act of 2006.
The PPA prohibits grants to individuals from funds that meet the fairly broad definition of…
FAQ: Scholarships
Legal Compliance Guidance, Fundamentals
What are the advantages, disadvantages, and likely costs of scholarship programs?
What do the private foundation rules require, and how should community foundations apply the rules?
What rules or procedures govern community foundation scholarship programs?
Does a community foundation need to…
Conflicts of Interest - Key Issues for Foundations
Legal Compliance Guidance
With Congress and the media focusing on corporate governance and foundation administration, now is the time to make sure that all grantmakers have a strong conflict of interest policy in place. Both private foundations and public charities (such as community foundations) should have clear…
Determining Supporting Organization Status
Fundamentals
Private foundations and donor advised funds must follow special rules when making grants to certain supporting organizations.
Why is it important to determine if a public charity grantee is a supporting organization?
Supporting organizations are a type of Section 501(c)(3) public charity.…
FAQ: Supporting Organizations
Legal Compliance Guidance, Fundamentals
Summary
A supporting organization qualifies as a public charity because it has a close relationship with another publicly supported section 501(c)(3) organization. Based on the relationship of the supporting organization to the public charity it supports, a supporting organization will be…
Sample Conflict of Interest Policy
Legal Compliance Guidance
Editable conflict of interest policies for staff and board members.
This sample document is being provided for informational purposes and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship, and the…
Public Disclosure Requirements for Foundations
Legal Compliance Guidance
Every organization exempt under Section 501(c)(3) of the Internal Revenue Code is required to disclose certain information to the public:
The organization’s exemption application, Form 1023, is subject to public disclosure, along with any documents supporting the application and any letters from…
Webinar Recording: Self-Dealing Concerns for Corporate and Private Foundations
Legal Compliance Guidance, Recording
In this webinar, the Council’s Legal Resources team took an in-depth look at the self-dealing rules applicable to private foundations under section 4941 of the Internal Revenue Code. This webinar provided an analysis of the relevant rules and regulations governing transactions between private…
Scholarships
Legal Compliance Guidance, Publication
Part of Mastering Foundation Law
Providing scholarships to individuals is a popular method of charitable giving in the U.S. But following the U.S. Supreme Court's decision in Students for Fair Admissions v. Harvard and the ongoing Alliance for Equal Rights v. Fearless Fund case, charitable…
Reference Page: Comparing 501(c)3 and 501(c)4 Organizations
Further reading for Comparing 501(c)3 and 501(c)4 Organizations, a Council on Foundations reference sheet. For questions, visit cof.org or contact the Council on Foundations' Government Affairs and Legal Resources Team at govt@cof.org.
Download the full document: Comparing 501(c)3 and 501(c)4…
Legal Matters for Community Foundations - September 2024
Led by the Council on Foundations Legal Team, this workshop is flexibly organized to ensure that your broad legal questions for administering funds, grants, and community foundation activities are addressed. The legal team will provide technical and practical understanding of complex rules and…
Legal Matters for Community Foundations - June 2024
Led by the Council on Foundations Legal Team, this workshop is flexibly organized to ensure that your broad legal questions for administering funds, grants, and community foundation activities are addressed. The legal team will provide technical and practical understanding of complex rules and…
Legal Matters for Community Foundations - March 2024
Led by the Council on Foundations Legal Team, this workshop is flexibly organized to ensure that your broad legal questions for administering funds, grants, and community foundation activities are addressed. The legal team will provide technical and practical understanding of complex rules and…
Legal Office Hours - November 2023
As part of our Member Week programming, Council staff counsel will host Legal Office Hours focused on the U.S. Supreme Court ruling on two cases: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina (UNC), which have the potential to impact philanthropic…
FAQ: Students for Fair Admissions (SFFA) v. Harvard
Legal Compliance Guidance
On June 29, the U.S. Supreme Court issued its ruling on two cases involving the use of race-conscious admissions practices by colleges and universities: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina (UNC). For more information, the Council has a full page…
What does the Supreme Court's decision mean for foundations and charitable organizations?
On June 29, 2023, the Supreme Court of the United States announced their opinion in a pair of cases — Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. The Court held that "Harvard’s and UNC’s admissions…