The art of grantmaking has become increasingly complex, varied, and nuanced in recent years. While many grantmakers continue to provide much-needed general support grants to U.S. public charities, others focus more on domestic and international specific project grants to, and program-related investments in, charities and non-charities alike. Adler & Colvin guides grantmakers through the intricacies of the grantmaking process as well as the laws that govern the various types of grants.
Areas of Focus
- The development of user-friendly, legally compliant grant agreements.
- Grants, scholarships, prizes, or awards to individuals.
- Foreign public charity equivalency determinations to ensure that foreign grantees meet U.S. standards.
- Program-related investments, in which a private foundation makes a loan or equity investment to advance its charitable goals, while still earning returns.
- Mission-related investments that benefit society while producing financial returns.
- Disaster relief.
- International grants, which are subject to anti-terrorist financing laws, tax issues, and currency restrictions.
Related Blog Posts (22)
Related Publications (3)
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May 2011
Investing in the Future: Mission-Related and Program-Related Investments for Private Foundations
The low-profit LLC pioneered in Vermont and adopted in less than a dozen jurisdiction has PRI requirements "hardwired" into its governing documents, but whether this will make it easier for a foundation's PRIs to qualify remains an open question.Author
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Past Events
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In-Person November 8, 2024
American Bar Association's LLC Institute 2024 with Stetson Law School - Session: "A Versatile Vehicle for 21st Century Philanthropy"
Philanthropy in the 2020s is a far cry from the days of Carnegie and Rockefeller. Impact-oriented philanthropic funders and charitable organizations are increasingly creative in their approach to achieving charitable objectives. To that end, vehicles commonly associated with for-profit business, such as limited liability companies, are frequently used to achieve these objectives. This panel will discuss an overview of several practical ways LLCs can enhance philanthropic enterprises, as well as academic reflections regarding this trend.
Presenters:
- Prof. Joan MacLeod Heminway, The University of Tennessee College of Law
- Prof. Eric Amarante, The University of Tennessee College of Law
- Sharon C. Lincoln, Casner & Edwards
- Andrew Schulz, Adler & Colvin
11:25 a.m. to 12:55 p.m. ET
Tampa, Florida
1.5 hours of CLE credit
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In-Person Conference May 21, 2024
Western Philanthropy Conference 2024 - Session: "Race Conscious Philanthropy"
Last year’s Supreme Court decision on admissions practices surprised many of us in the sector. The ruling left many of us wondering how this would impact other areas of operations, including employment practices and grantmaking. Our session will focus on what the landscape of race conscious philanthropy looks like today and potential areas of concern in light of last year’s ruling.
1:00 p.m. – 2:15 p.m. PT
Co-Presenters:
- Katy Youker, Lawyer’s Committee for Civil Rights, Director of the Economic Justice Project
- Tom Saenz, Mexican American Legal Defense and Educational Fund, President & General Council
Seattle, Washington
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In-Person Conference May 21, 2024
Western Philanthropy Conference 2024 - Session: "What Is Impact Investing - Part I (Trends)"
As foundations look beyond the bottom line and evaluate their impact on the community they serve, impact investing has become a key component. Impact investing can take many forms, each with its own risk and return. Join us as we discuss these different forms, the benefits and challenges they may have, and trends that we see as impact investing becomes more widespread.
10:00 a.m. – 10:50 a.m. PT
Co-Presenter: Katherine Pease, Pathstone, Managing Director
Seattle, Washington
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Webinar August 10, 2023
CalNonprofits Session: "Ask a Nonprofit Lawyer: You Have Questions, We Have Answers"
11:00 a.m. – 12:00 p.m. PT
Free for CalNonprofits members; $45 for not-yet-members
Join us for something new! We’re bringing together two of the state’s most experienced nonprofit legal minds to address some critical nonprofit legal basics and answer some of your most pressing nonprofit-related legal questions. Eric Gorovitz and David Levitt, both principals at nationally recognized Adler & Colvin, will discuss such issues as compliance, privacy and data security, fundraising regulations, lobbying, and employment law as it applies to nonprofits.
You can also help guide our discussion by submitting your own questions for Eric and David. What legal quandaries are keeping you up at night? Is it about your board? Are you 501(c)4 curious? Let CalNonprofits know via the registration form, and we’ll do our best to respond to as many questions as possible. CEO Jan Masaoka will be on hand to help us sort through our sector’s most pressing concerns.
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In-Person and Virtual Conference April 29, 2023
American Bar Association Business Law Section's Virtual Spring Meeting - Session: "Creative Philanthropy: Impact (ESG) Investing, Donor Advised Funds, Program Related Investments and More"
“Creative Philanthropy: Impact (ESG) Investing, Donor Advised Funds, Program
Related Investments and More”10:00 a.m. – 11:30 a.m. PT | Room 302 – Beckler, Level 3
In this program, we will explain and explore the latest trends in philanthropy impact investing, including: use of donor-advised funds; program and mission-related investments; and ESG (environmental, social, and governance) investing, among others. We will discuss the ways in which these vehicles and methods are being used, including: supporting diversity and other change efforts in media; social justice movements; climate change efforts, and more. We will focus as well on how to maximize efforts in these areas, both from the charity and the business sides, as well as issues of which to be aware, including private benefit and inurement.
Co-Presenters:
- J.J. Harwayne Leitner, Frankfurt Kurnit Klein & Selz PC
- Jinna Kwak, Adler & Colvin
- Matt Topham, K&L Gates
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In-Person Conference February 10, 2023
American Bar Association's 2023 Midyear Tax Meeting - Exempt Organizations PM Session: "International Transactions: To Withhold or Not to Withhold, That is the Question. "
Withholding can be a trap for unwary U.S. funders of foreign charitable activities. Even funders who are cognizant of the basic requirements of Section 1441 may struggle to understand when those rules apply to their support of foreign activities, which exceptions may be available in their specific circumstances, and what reporting obligations may attach. This panel will review the current state of federal withholding rules relevant to U.S. philanthropy and explore techniques and common practices that U.S. funders use to manage these obligations.
1:30 p.m. – 2:45 p.m. PT
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In-Person Conference January 19, 2023
The University of Texas School of Law’s 40th Annual Nonprofit Organizations Institute Conference - Session: "A View of the Sector"
Explore the latest in policy and regulation from the US Government in an effort to answer the question: What just happened? You’ll be the first to know about topics like donor-advised fund regulations, end-of-year legislation, and what is Congress likely to do next? What about those expiring incentives for charitable giving, will they be renewed? Meanwhile, the Supreme Court continues to unwind the regulatory powers of the executive branch.
8:30 a.m. – 9:30 a.m. CT
Co-Presenter: Alex Reid, Baker & Hostetler LLP
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In-Person and Virtual Conference January 12, 2023
57th Annual Heckerling Institute on Estate Planning - Session: “Diving Deeper into Charitable Gift Agreements”
The panel will discuss real-life examples of how charitable gifts get off track and offer practical suggestions for drafting gift agreements that effectively address future changes in circumstances, the use of race and gender gift restrictions, donor involvement, naming (and un-naming) rights, and amendments to the gift agreement.
2:00 – 3:30 p.m. EST
Co-Presenters: Alan F. Rothschild, Jr. and Michele A.W. McKinnon
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In-Person Conference October 20-21, 2022
"Ask an Expert" at the National Center for Family Philanthropy’s 2022 National Forum on Family Philanthropy
“Ask an Expert” is an opportunity for forum attendees to meet one-on-one with a legal professional to discuss and gain valuable insight on issues pertinent to the management of their organization(s). Ms. Nancy E. McGlamery, Principal at Adler & Colvin, will be available for individual “Ask an Expert” sessions on Thursday, 10/20, and Friday, 10/21 at the National Forum. Register for the “Ask an Expert” meeting (20 mins) – attendance is limited. Please note that Ms. McGlamery can help you understand the laws, but cannot provide legal advice for specific situations.
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Panel May 14, 2018
Mission Investors Exchange 2018 National Conference: Mission Forward! “Introduction to Impact Investing: A 101 for Beginners”
Co-panelist: Eric Stephenson, Cordes Foundation
Co-panelist: Rehana Nathoo, Case Foundation
Chicago, IL
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