Legal Question in Business Law in New York
i have a for profit LLC based in FL and want to charge people to come to my events and give some of the money to charity.
Can i advertise that some of the $ will go to charity and do I need permission to put existing charities on my website or to tell clients some of the proceeds will go to a specific charity? Events will run in NJ, NY, NYC, NYS, CT and FL.
1 Answer from Attorneys
For profit entities run charity fund raisers all the time. You need to make sure that any donors you take money from understand that you and your company cannot offer them a tax deduction for that donation as that can only come from a tax exempt entity. Further, a lot of states require a proper registration before you can legally solicit their residents for donations. This is really not going to be a big deal if you are just running a one-off event however. But if it were an ongoing thing you would have to look into that.
You can advertise that your company is donating funds, but if you use the names of specific non-profits that you will be donating to you should disclaim in the ads that you are not affiliated with them in any way and do not use their logos or trade dress without their permission. Remember, a lot of people use famous charities to help promote scams so they are sensitive to that. And presenting a false association, endorsement, sponsorship or other affiliation with the brand owner, not-for-profit or otherwise can be a trademark infringement.
I think getting some actual legal advice would be wise. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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