Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
When a founder or early employee turns new wealth into giving, the first decisions are legal ones: which vehicle to use, who controls it, and how to move stock into it. The Schenk Law Firm sets up the structures donors give through and advises the nonprofits they support.
Private Foundation vs. Donor-Advised Fund
How the two main giving vehicles differ in control, cost, privacy, and ongoing work.
Forming the foundation, drafting its bylaws, and setting up its board.
A flexible company for grants, impact investments, and advocacy, with the donor in control.
The company approvals, transfer documents, and timing for a gift of private company shares.
Nonprofit Governance
Board meetings and minutes, conflict-of-interest procedures, independent directors, and executive employment agreements.
Coordinating Your Advisors
We work with your tax attorney, estate attorney, and CPA, or we find the right ones and coordinate their work with ours.
Nonprofit Transactions
Sales of a nonprofit’s assets, wind-downs, and the notice the California Attorney General requires for them.
Should I start a foundation or open a donor-advised fund?
A donor-advised fund is quicker and simpler, while a foundation gives you more control and more ongoing work. Our comparison page walks through the trade-offs.
My wealth is mostly in stock of a company that hasn’t gone public.
Private company stock can often be given, but the company’s transfer rules and the timing of any sale shape how. Our pre-IPO stock page covers the steps.
I want to fund causes that aren’t charities.
A foundation and a donor-advised fund can only support charitable purposes. A philanthropy LLC can also make investments and fund advocacy.
Do you handle the tax side?
We act as the coordinator. We handle the legal structure and the documents, and we work with your tax attorney and CPA on the tax planning or help you find them.
We already run a nonprofit and need help with the board.
We prepare minutes and consents, set up conflict-of-interest procedures, seat independent directors, and keep the state filings current.
Experience
David Lizerbram has practiced business law for more than two decades. Benjamin Schenk founded and runs a commercial real estate investment and asset management firm.
Business Law Background
Much new giving comes from founder stock. Our business practice drafts the stock grants and company agreements that govern it.
One Coordinator for Your Advisors
We act as the coordinator for your plan. We work with your tax attorney, estate attorney, and CPA, or we find the right ones for you and coordinate their work with ours.
Case Study
A founder wanted to start a 501(c)(3) to raise money for veterans’ mental and physical health through public events like 5K runs. We explained how a public charity and a private foundation differ in where their money comes from. He decided that a public charity fit the plan.
Case Study
A charitable foundation was hiring its executive director. We drafted the employment agreement and negotiated it with the candidate’s lawyer, including a multi-year salary schedule. Both sides signed, and the board then approved the hire in signed meeting minutes.
Case Study
A nonprofit needed independent directors before its board could approve transactions involving its founders. We drafted new bylaws, questionnaires, and the election consent, and we revised the consent to address what each candidate disclosed. The founders adopted the bylaws, and the full board signed the consent seating the new directors.
Client names and identifying details are withheld. Results depend on the facts of each matter, and past results don’t guarantee a similar outcome.
The Schenk Law Firm is based in North Park, San Diego. We advise donors and charitable organizations throughout California.
Entity Formation & Structuring
Choosing and forming the right company and setting up its ownership.
Bylaws, resolutions, and the records that keep an organization in good standing.
Founder equity, equity incentives, and investment rounds.
Contract Drafting & Negotiation
Drafting, reviewing, and negotiating the agreements an organization runs on.
Closing or Winding Down a Business
Dissolutions, asset transfers, and final state filings.
Protecting an organization’s name and logo.
Whether you’re choosing between a foundation and a donor-advised fund, setting up a philanthropy LLC, or giving stock before a company goes public, we can explain your options and prepare the documents.
Contact us today to discuss your philanthropy.
Request a ConsultationA public charity draws its support from the public, grants, and fundraising. A private foundation is usually funded by one person, family, or company, and it follows stricter federal rules and lower deduction limits for its donors.
Most charitable organizations in California register with the Attorney General’s Registry of Charities and Fundraisers and file an annual report there. The Secretary of State also requires a Statement of Information every two years.
Yes, but a California nonprofit public benefit corporation that sells all or substantially all of its assets generally has to give the Attorney General written notice first.
Those parts of the plan belong to an estate attorney and a tax attorney. We work with yours, or we find them for you and coordinate their work with the rest of the plan.