Private Client

Exempt Organizations

Farella’s lawyers understand that the objectives of their clients are paramount in designing business structures, grant agreements, board governance, collaborative relationships, and business contracts that achieve their stated goals. Maximizing impact and stakeholder value are key drivers for philanthropists and the nonprofit organizations they support. 

Our nonprofit clients look for efficient and effective legal solutions to their questions and challenges, and we respond with a high-energy approach to guide our clients through the entire lifecycle of the organization—from inception to dissolution, and everything in between. Our goal is to assist these clients in all of their legal needs so that they can focus on doing their good works in their communities and throughout the world.

Proactive Advisors to All Types of Exempt Organizations

Farella provides comprehensive legal services to many of the most active and prominent nonprofit organizations in Northern California and beyond. Serving both tax-exempt and non-tax-exempt entities, we offer the competitive advantage gained from the firm’s longstanding local presence in the Napa Valley and Bay Area.

Our nonprofit lawyers look at issues from all angles, leveraging our corporate, tax and family wealth backgrounds to help clients reach their mission. We work with all types of nonprofit organizations, including community, private, family, and corporate foundations, as well as charitable trusts and public charities that range in size from several million to multiple billions of dollars in assets. The practice is not limited to charitable organizations; our expertise extends to social welfare organizations, trade associations and business groups, and other entities formed not-for-profit.

Many of our partners serve as outside general counsel for our nonprofit organizations. When requested, we can provide a complete package of services, including tax, corporate, employment, copyright and trademark, insurance, real estate, and others.

High Net Worth Charitable Planning

Farella advises philanthropists, their foundations, and their professional teams with charitable planning, including charitable remainder and lead trusts, foundation formation, income, property, estate and gift tax exemptions, grant strategies and agreements, regulatory compliance matters, and mergers and dissolutions. As we frequently represent donors, we understand the critical donor-donee relationship and all related tax implications. We work with many family office teams to integrate charitable planning with overall estate and wealth management strategies.

Meeting Evolving Challenges

Working directly with chief executives, boards of directors, and executive directors, we often help nonprofit organizations with restructuring, optimizing operations, and complying with evolving tax and charitable solicitation regulations. We help our clients to spot issues and look “around the corner” to help maximize their impact and avoid costly traps for the unwary. When our clients face unanticipated crises, such as embezzlement, employee issues, adverse publicity, or natural disasters, we bring a multidisciplinary team of nonprofit, employment, insurance, real estate and other specialists to protect our client’s interests.

Collaboration

Farella is widely-known for staffing nimble teams—led by one or more partners who remain actively engaged in every facet of a matter. We collaborate with financial advisors, CPAs, family office professionals, and other outside providers to understand our clients’ goals and craft solutions to fit their particular profile.

Professional Involvement and Accolades

Our commitment to our clients extends to participation in major trade groups, including the San Francisco Estate Planning Council, the Northern California Planned Giving Council, the American Bar Association Business Law Section Committee on Nonprofit Corporations, and the Society of Trust and Estate Professionals (STEP). We frequently contribute our thought leadership through speaking and writing, including co-authoring three chapters in the California CEB Treatise “Advising California Nonprofit Corporations,” and recent speaking engagements at Stanford University’s Conference on Charitable Giving, Santa Clara Law School’s Jerry A. Kasner Estate Planning Symposium and Northern California Planned Giving Council Conference.

For many years we have hosted a regular seminar series for nonprofit organizations that provides not only timely educational content but also networking opportunities for clients, lawyers, accountants, financial advisors, and other consultants with an interest in charitable organizations. 

Noting our hallmark approach to bringing all of our firm’s resources to bear for the benefit of our clients, the widely-read legal news source Law360 recognized our firm as a “California Powerhouse” in 2018. Our lawyers also regularly appear in national and California-based rankings from Chambers High Net Worth, U.S. News - Best Lawyers, and The Legal 500 United States.

Firm Highlights

Publication

Corporate Transparency Act: A Guide on Beneficial Ownership for Nonprofit Executives

The Corporate Transparency Act, enacted as part of the National Defense Authorization Act for Fiscal Year 2021, represents a significant shift in regulatory requirements for entities across the United States. This act, set to...

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Publication

Nonprofit Basics: Unpacking Prudent Investments, PRIs and MRIs

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Episode 73 discusses frequently used terms in the nonprofit world pertaining to investment activities. Public charity and private foundation directors and officers need...

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Publication

Nonprofit Quick Tip: State Filings in Rhode Island and New Hampshire

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This is the eighth in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. With the help...

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Publication

REFRESH Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities - Private Foundation Advocacy

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Here we are, solidly in the 2024 election year, and that means that private foundations need to refresh their understanding of election year...

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Publication

Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This week, I am delighted to have Stephanie Hood return as my guest. Stephanie is my colleague at Farella Braun + Martel and...

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Publication

Employment Law Update for Nonprofits With Holly Sutton

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly...

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Publication

Nonprofit Quick Tip: State Filings in Florida and Louisiana

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This is the ninth in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In previous...

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News

Farella Braun + Martel Earns 2024 Best Law FirmsĀ® Rankings

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News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

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Publication

Nonprofit Basics: Scholarship Grant Program IRS Approval Requirements

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Today’s episode focuses on IRC Section 4945(g), which provides an exception for grants to individuals so that the penalty taxes for such grants...

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