Legal Question in Business Law in Maryland

NON PROFITS

I've tried to do the research online, but cant find a clear answer. Well, I actually have several questions, but will appreciate any help.

1. A non-profit can be an LLC, right? I was told that it had to be a INC.

2. How many disinterested parties must be on the Board?

3. Can the any members of the Board receive ANY compensation, nominal or otherwise?


Asked on 1/26/12, 3:06 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

It usually helps to get professional assistance with the formation of a non profit.

1. LLCs are a relatively new type of entity. There is not much legal background for LLCs as non-profits and traditionally non-profits are corporations since they are governed by a board. That being said, it is theoretically possible to set up a LLC as a non-profit but one must be very careful in the governing documents to include all legal requirements to get & keep tax exempt status.

2. There is no precise answer to this question but board composition is something a new entity should discuss with counsel. Every non-profit must ensure that voting is done by non-interested parties.

3. Yes, but the law imposes restrictions on how much compensation and how same is determined.

You may wish to consult an attorney in this area to discuss your situation in greater detail. My firm offers a no cost phone consult of up to 10 min for business formation matters (by calling 410-216-7000) or you could contact another Maryland attorney of your choosing.

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Answered on 1/30/12, 6:58 am


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