Nonprofit Attorney Serving Westchester, NY

Westchester County has an active nonprofit sector that includes educational foundations, community health organizations, youth development programs, environmental conservation groups, and arts and cultural institutions. Many Westchester nonprofits serve local communities in White Plains, Yonkers, New Rochelle, and the smaller towns and villages throughout the county. Our firm helps Westchester residents and community leaders who want to formalize their charitable work into a legal nonprofit structure.

We handle the complete nonprofit formation process for Westchester clients: incorporating under New York Not-for-Profit Corporation Law, drafting bylaws and governance policies, applying to the IRS for 501(c)(3) tax-exempt status, registering with the Attorney General Charities Bureau, and advising on ongoing compliance with state and federal reporting requirements. We also help existing Westchester nonprofits with governance reviews, bylaw amendments, and board restructuring.

Our Financial District office is accessible from Westchester via the Metro-North to Grand Central, a short connection to our Financial District office. Schedule a free consultation to discuss your nonprofit legal needs.

Starting a nonprofit? Read our guide: Nonprofit Registration Guide.

Forming in New Jersey? See: Starting a Nonprofit in NJ.

Nonprofit Legal Services for Westchester Organizations

Not-for-Profit Corporation Formation

Westchester nonprofits supporting charitable, educational, and community health initiatives begin with incorporation under New York law. The first step is incorporating as a not-for-profit corporation under New York law. This involves preparing and filing a Certificate of Incorporation with the New York Department of State that includes the organization's purpose, which must qualify under Section 501(c)(3) of the Internal Revenue Code. The certificate must also include specific dissolution language required by both New York law and the IRS. Our attorneys prepare incorporation documents that satisfy both state and federal requirements and position your organization for a smooth tax-exempt application.

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

Westchester organizations seeking foundation grants and donor contributions need formal IRS recognition of tax-exempt status. After incorporation, your organization must apply to the IRS for formal recognition. Most organizations use Form 1023, which requires a detailed description of your activities, financial projections, governance structure, and supporting documents. Smaller organizations may qualify for the streamlined Form 1023-EZ. The IRS review can take several months, and applications that are incomplete or poorly prepared face additional delays. Our firm prepares thorough applications that address the IRS's requirements and minimize the likelihood of follow-up requests for information.

Bylaws, Governance Policies, and Board Structure

Westchester nonprofits with donor-funded programs need governance policies that demonstrate accountability and transparency. Every nonprofit needs bylaws that define its governance structure: board composition, officer roles, meeting requirements, voting procedures, committee structure, and amendment processes. New York Not-for-Profit Corporation Law imposes specific requirements on nonprofit boards, including rules about board size, quorum, and director independence. We also draft conflict of interest policies, whistleblower policies, and document retention policies that the IRS expects to see as part of good nonprofit governance.

New York Attorney General Registration

Any nonprofit that solicits charitable contributions in New York must register with the Attorney General's Charities Bureau before beginning fundraising activities. This includes online fundraising, direct mail campaigns, and special events. Registered organizations must file annual financial reports (CHAR500) and may need to include audited or reviewed financial statements depending on their revenue. Our firm handles the initial registration and advises on annual filing obligations for Westchester nonprofits.

Ongoing Compliance and Reporting

Nonprofits face ongoing compliance requirements at both the state and federal levels. These include annual IRS Form 990 filings, CHAR500 reports to the Attorney General, corporate biennial statements to the Department of State, and adherence to the governance requirements of the New York Not-for-Profit Corporation Law. Failure to meet these obligations can jeopardize your tax-exempt status or result in enforcement actions from the Attorney General. Our firm advises Westchester nonprofits on maintaining compliance year after year.

Nonprofit Governance Reviews and Amendments

Existing Westchester nonprofits may need to update their bylaws, restructure their board, address governance disputes, or respond to an Attorney General inquiry. We conduct governance reviews, draft bylaw amendments, advise boards on fiduciary duties and conflict of interest matters, and represent organizations in regulatory proceedings. Whether your nonprofit is well-established or newly formed, we provide the legal support your board needs to operate effectively.

What Westchester Nonprofit Founders Should Know

Westchester County's nonprofit sector benefits from a strong base of corporate and individual philanthropic support. The county's proximity to New York City gives Westchester nonprofits access to major foundation funding, corporate sponsorship, and a donor base that is familiar with charitable giving. However, this also means that Westchester nonprofits face higher expectations for professional governance, financial transparency, and program accountability.

New York's nonprofit formation process requires pre-filing approval from a state oversight authority, which varies by organizational purpose. Westchester founders should plan for this additional step and understand that the overall formation timeline, from incorporation to IRS determination letter, typically takes several months. Our firm manages the process to minimize delays and keep founders informed of the status at each stage.

Westchester nonprofits that receive donations exceeding certain thresholds are required to file audited or reviewed financial statements with the Attorney General's Charities Bureau as part of their annual CHAR500 reporting. Understanding these financial reporting requirements from the start helps founders set up appropriate accounting systems and build audit costs into their organizational budget. Our firm advises Westchester nonprofits on meeting these requirements.

Why Westchester Clients Choose Agarunov Law Firm

Agarunov Law Firm represents nonprofit founders, boards, and organizations from our Lower Manhattan office. We provide practical legal guidance on formation, governance, and compliance.

  • Not-for-profit corporation formation and IRS 501(c)(3) applications
  • Bylaws, governance policies, conflict of interest policies, and board structuring
  • Attorney General Charities Bureau registration and annual reporting
  • Accessible from Westchester via Metro-North to Grand Central, a short connection to our Financial District office
  • Licensed in both New York and New Jersey for organizations operating across state lines

How Our Nonprofit Formation Process Works

  • Step 1: Consultation. We discuss your organization's mission, planned activities, governance structure, and fundraising plans. This consultation is free.
  • Step 2: Incorporation. We prepare and file your Certificate of Incorporation as a New York not-for-profit corporation, including the required purpose and dissolution language.
  • Step 3: Governance Documents. We draft your bylaws, conflict of interest policy, and other governance documents that comply with New York law and IRS expectations.
  • Step 4: Tax-Exempt Application. We prepare and file your IRS Form 1023 or 1023-EZ for recognition of 501(c)(3) tax-exempt status.
  • Step 5: Registration and Compliance. We register your organization with the Attorney General's Charities Bureau and advise on ongoing compliance with state and federal reporting requirements.

Need a Nonprofit Lawyer in Westchester?

Schedule a free consultation to discuss 501(c)(3) formation, governance, or compliance.

Call (212) 920-5989Contact Us Online