Charities and Not-For-Profit
Every day people's lives are enriched by the work of charitable and not-for profit organizations. The role these organizations play in our society is growing. That growth has been accompanied by a growth in the regulation of these organizations and a greater scrutiny of their governance, including the actions of their directors and officers. The laws around fundraising, donations and legacy planning are complex. If you are involved in the management and operation of one of these organizations, our team of skilled lawyers can help you in understanding and complying with the law as it applies to the management and operation of your organization.
At Fasken Martineau, we work extensively with the charitable sector, providing legal services related to the effective creation, organization and ongoing governance and administration of charities and not-for-profit entities. We assist with the efficient maintenance of the legal affairs of the organization, including advising on administrative and governance matters, compliance and regulatory issues, taxation matters, directors' duties and obligations and members' rights.
Research has indicated that while most Canadians contribute to charities throughout their lifetime, very few continue this support through a gift in their will or estate plan; this is a missed opportunity. Consideration should be given to the tax advantages of testamentary charitable gifts as part of the estate planning process. The two most common types of planned gifts are bequests in wills and gifts of life insurance. Other types of donations include: pledges; payroll deductions; gifts in kind; charitable remainder trusts; charitable gift annuities; gifts of appreciated securities and bonds; in memoria and special occasion gifts. If your estate plan involves leaving a social capital legacy, we can assist you in effectively implementing this legacy.
We count among our clients a large number of hospitals, healthcare service agencies, professional governing bodies and associations, community service agencies, not-for-profit organizations and community foundations as well as private family foundations.
If you are in need of advice concerning the establishment of such an organization or the making of a charitable gift, our practitioners will take the time to understand your values and vision to ensure your legacy planning is fulfilled in a tax efficient manner.
Members of our group belong to professional bodies such as the Society of Trust and Estate Practitioners (STEP), Academy of Trusts and Estates (ACTEC), the Canadian Association of Gift Planners (CAGP) and the Association of Fundraising Professionals (AFP).
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