Not-For-Profit

Bilzin Sumberg serves as a trusted advisor to not-for-profit organizations that span the gamut of industries including education, healthcare, housing, and social services, together with religious organizations and cultural institutions. Bilzin Sumberg’s attorneys have a unique understanding of what makes non-profit businesses different than their for-profit counterparts. We are knowledgeable about the challenges and opportunities not-for-profits face in operating businesses to create financial margins that can be reinvested in the organization’s mission. 

Our business and legal strategy and planning is anchored by our extensive experience leading and counseling non-profits. In addition, our attorneys serve on the boards of countless non-profit organizations of all sizes, local and national. Recent representative clients include: South Florida Arts Center, Voices for Children Foundation, Baptist Health, Casa Familia, The Allapattah Collaborative Community Development Corporation, Mourning Family Foundation, Overtown Youth Center, The Carrie Meek Foundation, YWCA South Florida, Goodwill Industries South Florida, Miami Dade Innovation Authority, Palmer Trinity School, Barry University, CARE School and Lotus House.

Our representation spans the non-profit life cycle, from formation and organization to real estate acquisition and development, leasing, contractual negotiations, corporate governance, tax, procurement-related matters, and dispute resolution.

Common areas of counsel include:

• Formation documents, bylaws, employment agreements, joint venture arrangements, and other corporate governance issues, such as conflict of interest, sexual harassment, and spending policies

• Written consents and resolutions for managing the business

• Negotiation and drafting of grant and donor agreements

• Franchising, licensing, management agreements, and vendor and distribution agreements

• Real estate acquisitions and dispositions

• Real estate finance: acquisition, construction, mezzanine, and grants and loans issued by federal, state, and local governmental authorities

• Affordable and workforce housing financing, including low-income housing tax credits and tax-exempt bonds

• New Markets Tax Credits

• Commercial leasing

• Land use, permitting, and zoning approvals for new developments and redevelopments

• Review of design and construction documents for the expansion/renovation of facilities

• Environmental investigation, remediation, and regulatory permitting counseling in connection with real estate acquisitions and development

• Procurement and negotiation of government contracts and advising on public-private partnership arrangements, including complex transactions involving ground leases

• Dispute resolution counseling, including breach of contract claims

• Tax advice related to tax exempt entities under IRC Section 501 and selection of appropriate exempt entity type, including public charities, private operating foundations, and private grant-making foundations