I described the technical differences between donor-advised funds (DAFs) and private foundations back in June of 2007. Frankly, at the time, I saw no compelling reason seriously to consider creating a DAF.

Following the FoundationWise^SM conference, however, I’m seeing more reasons than I did back then to consider this alternative. Read the rest of this entry »

If you own a business, I’m sure you have heard about the value of incorporation. It is supposed to protect you, personally, from lawsuits . . . or, at least, from the potential effects of lawsuits.

As Allan Branch writes:

The Corporate Veil is the legal shield that protects an individual from being personally liable for the actions of his/her company. This only applies to owners, partners, board members, not employees or share holders. In this country a person, or a company may sue any other person or company for anything, at any time. But there is only one reason to sue, and that is to be awarded money. So if a person or company doesn’t have any money, then there isn’t really anything to sue for.

Unless of course, if there is no corporate veil, then they can come after you personally. This could leave you financially ruined for the rest of your life.

Now I read an article called Piercing the Corporate Veil: How limited is the liability of doing business as a corporation? by Joe M. Hawbaker, Attorney at Law.

Frankly, after reading Hawbaker’s article, I am astonished at how potentially lightweight the protection of a corporation may be. Read the rest of this entry »

I dealt with Public v. Private Foundations last year. Lately I’ve begun to learn about something called a “supporting organization.”

Yesterday I met with Doug Johnson, president of a relatively new community fund here in the Denver metro area that is called, simply, The Charitable Fund or TCF.

As with other community foundations, TCF offers Donor-Advised Funds (or DAFs) . . . and these supporting organizations (SO’s)–specifically Type I SO’s.

So what is a supporting organization? What, more specifically, is a Type I SO? And why should you care? Read the rest of this entry »

B____ [our estate planning attorney], L____ [our CPA], and I met this morning for our annual corporate meetings and strategy session. We discussed our legacy plans at this time. Both B____ and L____ were far more comfortable with the idea of us gifting our company to a DAF [a Donor Advised Fund] than changing it into a 501(c)(3) corporation.

They had a few key questions, one of which we were able to answer through resources they had at hand. Two key questions remain, however. (I’m sure a few more will come up. But these were the big ones that existed at the end of our meeting this morning.) Read the rest of this entry »

I’m supposed to meet with our attorney and CPA tomorrow morning for our annual corporate meetings. While we’re talking about all of our structures anyway, I figured we should talk about our next steps in terms of legacy planning. What should we do, for example, with the 501(c)(3) proposal or alternatives (like the Christian Foundation of the Triangle LLC Wrapper concept)?

Last week I contacted the attorney at National Christian Foundation who has been assigned as our primary contact and asked her if she might help me prepare for tomorrow’s meeting by giving me insights into the kind of idea she has (or NCF has) that might replace J____’s 501(c)(3) proposal.

I just received her reply. Sounds interesting! Read the rest of this entry »

I’m astonished. It wasn’t even an hour after J____ confirmed the termination of our relationship when I suddenly felt new clarity to ask C____, the attorney he had recommended, to resume her research project or, in some ways, to start all over on a new project.

I wrote to C____,

As my wife and I have continued our researches into the feasibility of shifting our corporation into 501(c)(3) status, several things have become clear to us. Among them:

• The order in which we want to proceed with our broad-based legacy planning process.

And,

• Some of the questions we need to ask–including questions we need to ask of you.

In terms of order: we have realized that we want to continue research into the idea of shifting to a 501(c)(3) at the same time that we pursue other options.

As for the questions we believe we want and need to ask of you–for which we are happy to pay you the fees we agreed to: Read the rest of this entry »

I got hold of Alanna Linden at The Christian Foundation of the Triangle (CFT; in Raleigh, NC–thus the reference to “the Triangle“) yesterday. I asked her if they were still doing LLC Wrappers (since information about them seemed so sparse; the lone Google reference was merely an announcement of the impending release of the concept a couple of years ago). She assured me LLC Wrappers are alive and kicking.

Today she sent me a two-page summary of what an LLC Wrapper is all about.

First, a “case study” from Greenville, SC: Read the rest of this entry »

I just sent L____, our CPA, a summary letter explaining “where we are” in the legacy planning process. Most of what I had to say came from our weekend in Colorado Springs at the Generous Giving conference:

[While at the] “Generous Giving” conference, . . . I had the opportunity to speak with a number of counselors who specialize in the field of legacy- or charitably-oriented estate-planning and with people who have pursued, or are in the midst of pursuing, goals similar to ours.

I asked several of these people for their input on the idea of switching to a 501(c)(3) . . . especially considering–or “if”–there would be UBTI [Unrelated Business Taxable Income]. Read the rest of this entry »