Your family’s giving, built to last.
Private foundations follow stricter federal rules than public charities. We keep your board ahead of them, so grantmaking stays the focus.
The rules are strict, and the penalties can reach people, not just the foundation.
Your daughter is joining the board and asks whether she can be paid. A longtime grantee wants support for a project overseas. Your adviser suggests a stake in a family company.
Each of these touches a specific private foundation rule in the Internal Revenue Code. Some violations trigger excise taxes on the foundation, and some fall on the family members and managers involved. We help you see the issue before the transaction, not after.
Counsel built around the private foundation rules.
Self-dealing
Reviewing transactions between the foundation and its insiders, including family members, substantial contributors, and their businesses, before they happen.
Annual payout
Meeting the minimum distribution requirement, generally 5% of investment assets each year, and knowing what counts toward it.
Grantmaking
Grant agreements, expenditure responsibility for grants to organizations that aren’t public charities, and grants to foreign organizations.
Investments
Excess business holdings, jeopardizing investments, and program-related investments that advance your mission.
Governance and succession
Bringing the next generation onto the board, bylaws that fit a family foundation, and reasonable pay for family members who do real work.
Filings and transitions
Form 990-PF review, state annual reports, and options for converting or closing a foundation, including a transfer to a public charity.
The same two partners handle your matters in New York, Washington, D.C., Massachusetts, and Connecticut, with no handoffs to random associates or local counsel you’ve never met.
From Our Clients
Commonlight Legal has been a foundational support for our nonprofit. Our organization’s most recent matters were completed thoroughly, under budget, and ahead of schedule. We look forward to working with them for our future needs!
Austin Sa, Founder
Boston Arts Club
1.Legal Spotlight
One focused question, answered, after a review of your core documents: a short findings memo, priority next steps, and a readout call.
2.Legal Floodlight
A full review of your governance, grantmaking, and investment practices against the private foundation rules, with a Remedy Roadmap your board can act on.
3.Outside General Counsel
Ongoing counsel for families with a steady flow of grant and investment questions, so every question gets a timely answer.
A checkup before the next grant cycle.
Ready to talk?
A complimentary 30-minute call with a managing partner. Clear scope.
Transparent fees. No primer required.