Legal Question in Business Law in New York

Re: Setting up US Office of international non-profit

It depends on the structure of the organization post-expansion; you don't give enough information in your query to give you a complete answer. However, you will, at minimum, need to register in the state where you open the office and, perhaps, comply with certain federal regulations as to foreign charities. It is also likely you will need to establish federal not-for-profit status as a charity.

If you'd like to discuss this in more detail, please give me a call in my office at 212.366.1324.

Re: Setting up US Office of international non-profit

In order to fully answer your question, I'd need to know a little more about the activities your organization engages (or will engage) in. However, the best option is probably to start a non-profit here in the states with the same name as the S.A. charity. This will require starting a (not-for-profit) business in a state (NY?), which can be done fairly easily with an incorporation service. However, you may want the articles of incorporation and by-laws to reflect the needs and goals of your organization. You will also have to identify your charity to the IRS (see IRS code section 501(c)) and conform with certain federal regulations.

I'd be happy to discuss this further with you, via email or telephone at 212-279-8880

Best regards

Neil Quartaro

Re: Setting up US Office of international non-profit

You won't be able simply to set up an "office" and have income from U.S. fundraising be exempt from federal taxation. Either your charitable corporation must qualify under U.S. tax law (Internal Revenue Code Sec. 501(c)) or you will need to establish a qualifying charitable corporation based in the U.S. Qualifying a foreign corporation as a U.S. charity is tricky, and often impossible because of the corporation's organization documents. By the same token, U.S. charities are subject to regulation and oversight that may not completely suit your purposes.

Doing this correctly can be a complicated proposition. You will need to have an extensive conversation about your organization and its goals with a lawyer with some expertise in charitable organizations.

Happy to discuss this at your convenience.

Re: Setting up US Office of international non-profit

Try calling Lawyers Alliance of New York (212) 219-1800 www.lany.org -- If they are unable to help you, they may be able to direct you to another organization.

Best of luck.