Legal Question in Business Law in California
Joint Ventures for Non-Profits
I had a gentlemen come to my office offering to do a joint venture with the non-profit I manage. His for profit investment group wants to buy buildings and properties with non-profits (501c3) and after 3-5 years turn the property over to the non-profit group involved.
Is this legal, and what are the laws that govern non-profits (501c3) involvement in joint ventures?
1 Answer from Attorneys
Re: Joint Ventures for Non-Profits
In principle it is possible for a non-profit to joint venture with a for-profit. In any joint venture, for-profit or non-profit, do your due diligence regarding the joint venture and your joint venture participants. Your board should make findings that the joint venture serves the purposes of your non-profit organization. You should have a good joint venture agreement specifying who will do what, who will invest what, who will control and make decisions and who will receive what.
You should also consult a CPA or tax attorney regarding the tax consequences. Without limitation, there may be unrelated business income tax.
This reply is a courtesy and does not create an attorney client relationship.
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