NYC Nonprofit Attorney

Nonprofit Organization Attorney in New York City

Forming and operating a nonprofit organization in New York requires navigating a distinct set of legal requirements at both the state and federal level. From incorporating under the New York Not-for-Profit Corporation Law (N-PCL) and obtaining IRS 501(c)(3) tax-exempt status, to registering with the NYS Attorney General's Charities Bureau and establishing proper board governance, nonprofits face regulatory obligations that differ significantly from for-profit entities.

At Agarunov Law Firm, P.C., we help nonprofit founders, boards of directors, and established organizations navigate every phase of the nonprofit lifecycle. Whether you are launching a new charitable organization, seeking tax-exempt status, restructuring your governance, or ensuring ongoing compliance, we provide the legal guidance you need to advance your mission while meeting all regulatory requirements.

Our Nonprofit Legal Services

Nonprofit Incorporation

The first step in establishing a nonprofit in New York is incorporating with the New York Department of State under the Not-for-Profit Corporation Law. We prepare and file the Certificate of Incorporation with the required provisions for your organization's purpose, membership structure, and governance framework. We ensure that the certificate contains the specific language required by the IRS for organizations seeking 501(c)(3) status, including the purpose clause, dissolution clause, and restriction on private inurement.

IRS 501(c)(3) Tax-Exempt Application

Obtaining federal tax-exempt status is a critical step that enables your organization to receive tax-deductible donations, apply for grants, and avoid federal income tax on mission-related activities. We prepare and file Form 1023 (or Form 1023-EZ for qualifying smaller organizations) with the IRS, including the required narrative descriptions of your organization's activities, governance, financial projections, and operational plans.

Our application preparation is thorough and detailed because we understand that the IRS scrutinizes these applications carefully. We address potential red flags proactively, including compensation arrangements, related-party transactions, lobbying and political activity limitations, and the organization's plans for generating revenue.

Bylaws & Governance Documents

Your nonprofit's bylaws are the internal rules that govern how the organization operates. They define the board of directors' structure and responsibilities, officer roles, meeting requirements, voting procedures, committee structures, conflict of interest policies, and amendment procedures. We draft comprehensive bylaws that comply with the New York N-PCL, satisfy IRS requirements, and provide a practical governance framework for your organization.

We also prepare the additional governance documents that well-run nonprofits need, including conflict of interest policies, whistleblower policies, document retention policies, and compensation review procedures — all of which the IRS asks about on Form 990 and considers as indicators of good governance.

NYS Attorney General Registration

New York nonprofits that solicit charitable contributions must register with the NYS Attorney General's Charities Bureau before soliciting and must file annual financial reports (CHAR500) thereafter. We handle the initial registration, prepare annual filings, and ensure your organization maintains good standing with the Charities Bureau.

Board Governance & Compliance

Effective board governance is both a legal requirement and a practical necessity for nonprofit success. We advise boards on their fiduciary duties (duty of care, duty of loyalty, duty of obedience), proper meeting procedures and documentation, conflict of interest management, executive compensation review, and compliance with the Nonprofit Revitalization Act of 2013 and subsequent amendments.

Ongoing Compliance

We assist established nonprofits with ongoing compliance requirements including IRS Form 990 preparation and review, NYS annual report filings, Charities Bureau annual registration renewals, state solicitation registration (for organizations fundraising in multiple states), maintaining tax-exempt status during operational changes, and responding to IRS inquiries or audits.

Types of Nonprofit Organizations We Serve

• Charitable Organizations: Foundations, community organizations, social services, and poverty relief organizations
• Educational Organizations: Schools, tutoring programs, scholarship funds, and educational advocacy groups
• Religious Organizations: Houses of worship, religious education programs, and faith-based service organizations
• Arts & Cultural Organizations: Museums, theaters, arts councils, and cultural preservation groups
• Health & Human Services: Health clinics, mental health organizations, and social service agencies
• Professional & Trade Associations: Industry groups, trade organizations, and professional societies (501(c)(6))
• Fiscal Sponsorships: Advising organizations seeking fiscal sponsorship arrangements as an alternative to independent incorporation

Why Nonprofits Need Specialized Legal Counsel

Nonprofit law intersects corporate law, tax law, and regulatory compliance in ways that general business attorneys may not fully appreciate. The IRS application process has specific requirements that, if not met precisely, can result in denial or delays. New York's Not-for-Profit Corporation Law imposes governance requirements that do not apply to for-profit entities. The Attorney General's Charities Bureau has its own registration and reporting requirements. And the consequences of non-compliance — loss of tax-exempt status, penalties, and personal liability for board members — can be severe.

At Agarunov Law Firm, nonprofit formation and governance is an integral part of our business law practice. We understand the regulatory landscape and help organizations navigate it efficiently so they can focus on their mission.

Serving New York and New Jersey

Agarunov Law Firm is licensed to practice in both New York and New Jersey, and we represent businesses throughout the tri-state area. In addition to clients across all five NYC boroughs and Long Island, we serve businesses in Northern and Central New Jersey including Bergen County (Englewood, Fort Lee, Hackensack, Teaneck, Paramus), Hudson County (Jersey City, Hoboken, Weehawken), Essex County (Newark, Montclair, Livingston), Passaic County (Paterson, Wayne, Clifton), Morris County (Morristown, Parsippany), and Middlesex County (New Brunswick, Edison, Woodbridge).

Whether your business operates in New York, New Jersey, or both states, our dual-state licensing allows us to provide seamless legal representation without the need for separate counsel in each jurisdiction.