San Diego Nonprofit Attorney

Ortega Law – A Top San Diego Nonprofit Attorney

Ortega Business Law Firm, APC brings tailored legal guidance to companies and entrepreneurs in need of business and corporate law, employment law, and nonprofit corporate law expertise. One area we have extensive experience in is nonprofit corporate law, specifically dealing with the formation and administration of nonprofit corporations and entities.

One of the most important and valuable services that Ortega Business Law Firm, APC provides to its clients is legal counseling on the feasibility of establishing and structuring a nonprofit entity. It is important for clients to understand the challenging legal nature of nonprofit corporations and entities. We customize our work for each organization, taking into account a client’s specific mission, vision and needs.

Our Nonprofit Attorney Services Include:

  • Preparing or Reviewing IRS form 1023 and/or form 1024
  • Preparing or Reviewing Franchise Tax Board Form 3500
  • Preparing or Reviewing Bylaws for the organization
  • Preparation of other Nonprofit Filings Including 501(c ) (4), 501 (c)(6), etc.
  • Reinstatement of Revoked 501 (c) (3) and 501(c)(4) status
  • Formation of the Nonprofit Profit Business Entity, including:
    • Articles of Incorporation
    • Bylaws
    • Organization/Board Policies
    • Board of Directors Resolutions
    • Conflicts of Interest Policies and Code of Ethics

Additional San Diego Nonprofit Law Services:

Nonprofit Mergers

Mergers can often be lengthy and complicated. As nonprofits are held to stringent state and federal standards, it is imperative for a nonprofit organization to obtain the expertise of a qualified professional before merging with another for-profit or nonprofit entity. We educate, inform and assist the nonprofit with the many issues involving a merger, including negotiations, drafting of the necessary documentation, agreements, board counseling and reporting requirements.

Board and Staff Training
Board and staff training can make a world of difference for a nonprofit organization. As board members are busy volunteers, it is challenging for them to obtain the knowledge and information necessary to effectively manage the organization. We simplify this challenge for you by providing you with our experience and knowledge in this area.

Corporate Compliance Review
In a climate of intense scrutiny by regulatory agencies, funders and the general public, it is critical for a nonprofit organization to closely examine its bylaws and internal policies in order to ensure their soundness, their alignment with the acts of the Board of Directors and the organization and with new state and federal laws and regulations. We work closely with our nonprofit clients and provide the necessary resources to keep their organization viable

Forming a Nonprofit Corporation in California

There are various types of nonprofits. While most nonprofits are formed for charitable or religious purposes, there are many other types of nonprofits to consider.  

Most nonprofits seek to be tax-exempt.  The most common types of nonprofits that seek tax-exempt status are:

  1. Public Benefit Organizations

This is one of the most common corporate entities for nonprofits seeking to obtain tax exempt status under Internal Revenue Code Section 501(c )(3). In order to secure tax-exempt status under the Internal Revenue Code Section 501(c )(3), the purpose of the nonprofit must be charitable or for a public benefit.

  1. Mutual Benefit Organizations

A Mutual Benefit Corporation exists to benefit its members.  This type of nonprofit receives its revenue from, and uses its revenue to, support its members. Common types of mutual benefit organizations include chambers of commerce, associations, labor unions and business leagues.  Although this type of nonprofit can secure a tax-exempt status, the members funding the corporation cannot deduct their contributions.

  1. Nonprofit Religious Organizations

The Religious Corporation is formed for the study or advancement of religion.  

  1. Social Welfare Organization

A Social Welfare organization is exclusively operated to promote social welfare and the common good.  This type of organization can be tax -exempt under Internal Revenue Code (IRC) section 501(c)(4).

Nonetheless, social clubs, labor and agricultural organizations, fraternal societies, veterans organizations, to name a few, can also form as nonprofits and seek tax-exempt status from the IRS and the nonprofit’s respective state of incorporation.

Assistance our counsel from a nonprofit attorney in establishing your nonprofit as an organization is a good place to start. 

Starting a nonprofit can be daunting.  There are a myriad of laws, regulations, restrictions and other issues that you should consider prior to starting a nonprofit.  An attorney can help guide and counsel you on these matters and help you determine whether forming a nonprofit is feasible and if so, which one best suits your intended business purpose.  

Call Rosana Ortega Today- A Top Nonprofit Attorney – Request Counsel Today

Rosana Herrera-Ortega is a corporate and business attorney and the owner of Ortega Business Law Firm, APC, a San Diego-based law firm. Ms. Herrera-Ortega concentrates her practice on business and corporate law, representing businesses and for-profit and non-profit entities in business formations, contract negotiations, mergers and acquisitions, and employment transactional matters.

Rosana Ortega provides counsel to non profits and has worked as a non profit attorney for over 26 years.