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Legal Matters for Corporate and Private Foundations

Thursday, June 6, 2019
9:00am - 4:00pm PDT
Wells Fargo Regional Foundation
333 S. Grand Avenue, 43rd Floor Los Angeles, CA 90071
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Led by Bryan Del Rosario, Staff Counsel for the Council on Foundations, and Lindsay Mason, Director of Corporate Philanthropy, this workshop is organized to ensure common legal questions for administering grants, board governance and charitable giving activities are addressed. Bryan will provide technical and practical understanding of complex rules and regulations impacting private and corporate foundations/giving programs.

The Council’s legal team will tailor each session to emphasize the issues most frequently addressed in their interactions with private foundations and corporate grantmakers. Sessions will be structured to ensure there will be time for questions and an in-depth discussion of the answers.

This workshop is open to any of the following employees eager to dive into the legalities of charitable activities, develop a better understanding of the law and unlock effective management and leadership tools of private and corporate foundations/giving programs.

  • Employees of corporate or private foundations
  • Employees leading corporate giving programs within companies
  • Corporate counsel within corporations
  • Attorneys supporting corporate foundation or private foundation clients
  • Board members of corporate or private foundations


Sample Agenda

Specific topics will be defined in advance of the workshop as attendees begin to submit ideas, pressing issues, and assist with the defining of sessions. This event is designed to be time sensitive and relevant to current issues. The format will be discussion-oriented, question and answer-based learning.

9:00am-9:15am — Welcome and Introductions

9:15am-10:15am — Legal Background and Review

  • IRC Section 509 and public charity/private foundation distinctions
  • Review of IRC Sections 4940-4946 (private foundation rules)
  • Corporate giving vs. corporate foundations
  • Endowments vs. spend-out or non-endowed funds

10:15am-11:15am — Self-Dealing Deep Dive

  • Disqualified persons
  • Compensation for services exception
  • Sharing employees and office space
  • Sponsorships and advertising issues
  • Other self-dealing scenarios

11:15am-12:30pm — Governance and Administrative Issues

  • Board governance issues
  • Employment law matters to be aware of
  • Insurance, indemnification and liability concerns
  • Volunteers and events
  • Delegating authority and contracting out services

12:30pm-1:30pm — Lunch Presentation with Lindsay Mason – Trends and Challenges for Corporate Giving and Foundations

1:30pm-2:30pm — Hot Topics

  • Private foundations use of donor advised funds
  • Terminating and merging foundations
  • Impact investing: PRIs and MRIs
  • Lobbying and political activity

2:30pm-3:45pm — Grantmaking Questions – Asked and Answered

  • Due diligence basics
  • Scholarships, employee assistance and disaster funding
  • International grantmaking
  • Expenditure responsibility and equivalency determinations
  • Use of grant agreements and board approval

3:45pm-4:00pm — Wrap-up and Q&A


In partnership with Council on Foundations

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