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Leasing, Owning, and Related Legal Issues

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  • Beth Bergman
    Parent NP, child care provider and owner of its current facility, is contemplating setting up a new nonprofit so as to maximize state education funding by
    Message 1 of 21 , Aug 13, 2010
      Parent NP, child care provider and owner of its current facility, is
      contemplating setting up a new nonprofit so as to maximize state education
      funding by making the parent NP a lessee, and no longer an owner. The
      parent NP would deed its current property to the new NP and pursue the state
      funding stream. The new NP in turn would own the building and lease it back
      to the parent NP. The parent has learned, not surprisingly, that the state
      funding source will not allow the new NP to be a supporting organization.
      Has anyone run into a similar problem? Has anyone been able to get tax
      exempt status for a similar new NP? With what charitable purpose? Thanks.


      Beth S. Bergman, Esq.
      Bergman and Allderdice
      Los Angeles, CA 90017
    • Allen Bromberger
      Not enough facts, but if the new NP is only owning and operating the building, and net proceeds go to the old NP, you might be able to use a c2. See if the
      Message 2 of 21 , Aug 19, 2010
        Not enough facts, but if the new NP is only owning and operating the building, and net proceeds go to the old NP, you might be able to use a c2. See if the funding source will accept that.

        Allen R. Bromberger
        Perlman & Perlman LLP
        New York City

        Sent from my iPhone

        On Aug 19, 2010, at 3:36 PM, "Beth Bergman" <bbergman@...> wrote:

         

        Parent NP, child care provider and owner of its current facility, is
        contemplating setting up a new nonprofit so as to maximize state education
        funding by making the parent NP a lessee, and no longer an owner. The
        parent NP would deed its current property to the new NP and pursue the state
        funding stream. The new NP in turn would own the building and lease it back
        to the parent NP. The parent has learned, not surprisingly, that the state
        funding source will not allow the new NP to be a supporting organization.
        Has anyone run into a similar problem? Has anyone been able to get tax
        exempt status for a similar new NP? With what charitable purpose? Thanks.

        Beth S. Bergman, Esq.
        Bergman and Allderdice
        Los Angeles, CA 90017

      • Stan Pokras
        Why does the property owner component of this team have to be a nonprofit? But be aware that there was some kind of stir around such arrangements here in
        Message 3 of 21 , Aug 19, 2010
          Why does the property owner component of this team have to be a nonprofit?

          But be aware that there was some kind of stir around such
          arrangements here in Philadelphia not too long ago. It had to do with
          charter schools. But I don't recall the details... I was able to find
          a link:

          http://www.philly.com/philly/news/breaking/90130872.html?viewAll=y

          Stan

          >
          >Parent NP, child care provider and owner of its current facility, is
          >contemplating setting up a new nonprofit so as to maximize state education
          >funding by making the parent NP a lessee, and no longer an owner. The
          >parent NP would deed its current property to the new NP and pursue the state
          >funding stream. The new NP in turn would own the building and lease it back
          >to the parent NP. The parent has learned, not surprisingly, that the state
          >funding source will not allow the new NP to be a supporting organization.
          >Has anyone run into a similar problem? Has anyone been able to get tax
          >exempt status for a similar new NP? With what charitable purpose? Thanks.
          >
          >Beth S. Bergman, Esq.
          >Bergman and Allderdice
          >Los Angeles, CA 90017
          >
          >


          --

          * * *

          Stanley R. Pokras, Executive Director Nonprofit Technology Resources (NTR)
          Regional Coord, Community Technology Centers' Network (http://www.ctcnet.org/)
          Chair, CTCNet of Delaware Valley, Regional Planning Committee.

          Nonprofit Technology Resources
          1524 Brandywine Street
          Philadelphia PA 19130
          215-564-6686 (day) 215-564-6642 (fax)
          267-968-0407 (cell)
          Find our "Home Page" at http://NTRweb.org
        • Rolfe Larson
          Do you have a social enterprise question? Posing your question to 7500 of your peers can be a little daunting, but it s worth it. Requests posted to the
          Message 4 of 21 , Feb 6, 2012
            Do you have a social enterprise question?

            Posing your question to 7500 of your peers can be a little daunting, but it's worth it. Requests posted to the npEnterprise Forum routinely result in several thoughtful responses that can provide you with valuable suggestions and networking opportunities. So...

            Do you have a question about:
            1) Whether you or your organization is ready to become a social enterprise?
            2) The risks and rewards of starting a social enterprise?
            3) How to identify and select worthwhile venture ideas?
            4) How to conduct business research?
            5) How to write an effective business plan?
            6) How to secure funding for your venture?
            7) How to integrate business development into your daily management?
            8) Who is running a venture similar to yours?
            9) Something else related to starting or growing your earned income
            activities?

            If so, please click "Reply" and ask your question. Change the subject line to reflect the nature of your question. By the way, we've noticed that short, specific questions tend to get the most responses.

            Thanks, and see you online!

            PS: If you want to post an SE question anonymously, just email to me at Rolfe@..., and I'll post it for you without listing your name.

            Thanks!
          • stacy.w.mccoy@gmail.com
            I am the co-founder of Give To Get Jobs. Give To Get Jobs is a job board and information hub for jobs that use a sustainable business problem to solve a
            Message 5 of 21 , Feb 17, 2012
              I am the co-founder of Give To Get Jobs. Give To Get Jobs is a job board and information hub for jobs that use a sustainable business problem to solve a social and/or environmental issue, mainly social enterprise and CSR. As a social enterprise ourselves, we donate a portion of the proceeds from each posting to fund job creation programs.

              We launched in May and have been 100% self funded since then. But we are really interested in exploring funding options. We are thinking of starting off with a small business loan. Is this the best approach?

              Also, we are working on completing our business plan in a way that is appealing to banks and investors. But neither of us have any background in making financial projections, etc. What's the best way to get help with this? I was thinking maybe we could work with an entrepreneurship club at a local university. Has anyone done this before? What are some other options?

              Any insight or advice would be very much appreciated.

              Thank you,

              Stacy

              [Editor's note: we've had several recent discussions on this business planning question, for example: http://finance.groups.yahoo.com/group/npEnterprise/message/3676 and http://finance.groups.yahoo.com/group/npEnterprise/message/3651 . However, we haven't addressed her question about funding options for awhile. Does anyone have any suggestions for her?]
            • Rolfe Larson
              Do you have a social enterprise question? Posing your question to 7600 of your peers can be a little daunting, but it s worth it. Requests posted to the
              Message 6 of 21 , May 29, 2012
                Do you have a social enterprise question?

                Posing your question to 7600 of your peers can be a little daunting, but it's
                worth it. Requests posted to the npEnterprise Forum routinely result in several
                thoughtful responses that can provide you with valuable suggestions and
                networking opportunities. So...

                Do you have a question about:
                1) Whether you or your organization is ready to develop a social enterprise?
                2) The risks and rewards of starting a social enterprise?
                3) How to identify and select worthwhile venture ideas?
                4) How to conduct business research?
                5) How to write an effective business plan?
                6) How to secure funding for your venture?
                7) How to integrate business development into your daily management?
                8) Who is running a venture similar to yours?
                9) Something else related to starting or growing your venture
                activities?

                If so, please click "Reply" and ask your question. Change the subject line to
                reflect the nature of your question. By the way, we've noticed that short,
                specific questions tend to get the most responses.

                Thanks, and see you online!

                PS: If you want to post an SE question anonymously, just email to me at
                Rolfe@..., and I'll post it for you without listing your name.

                Thanks!
              • harrityj@comcast.net
                I am looking for some theoretical sources, books, articles, etc. on how we classify Social Enterprises. For instance, If starbucks sold coffee and all proceeds
                Message 7 of 21 , May 29, 2012
                  I am looking for some theoretical sources, books, articles, etc. on how we classify Social Enterprises. For instance, If starbucks sold coffee and all proceeds went to social initiatives are they a social enterprise? Or Salvation Army has a business selling clothes but proceeds fund social initiatives and puts people to work who need jobs. Or, some social initiatives are the funding source such as selling low cost eyeglasses to impoverished villagers. Any leads on sources?


                  thanks


                  Jim
                • Raquel Santiago-Martinez
                  Be sure to connect with the local Small Business Administration, the local Small Business Development Centers, which provide technical assistance to small
                  Message 8 of 21 , Mar 20 1:12 PM
                    Be sure to connect with the local Small Business Administration, the local Small Business Development Centers, which provide technical assistance to small businesses and aspiring entrepreneurs supporting business performance and sustainability and enhancing the creation of new businesses entities, or the local Senior Corps of Retired Executives (SCORE), a nonprofit association dedicated to helping small businesses get off the ground.

                    They have been around for nearly fifty years, and their work is supported by the SBA, and a group of volunteers, so they are able to provide services at no charge or at a very low cost. Most of the SBDCs are located within a university system, which is another wonderful option available to them.

                    Finally, if they are able to connect with a local graduate school of business, there are many students who need projects - including writing a business plan with projections - for their marketing or finance classes. Contact the Dean of the school and ask if you are able to connect with them. Have them put together financial projections - they will get credit, and you will get your projections.

                    [Editor's note: here are the previous comments on this question:

                    http://finance.groups.yahoo.com/group/npEnterprise/message/3706 ]

                    Raquel Santiago-Martinez
                    Director, Strategic Initiatives

                    Community Renewal Team Inc.
                    Changing lives...Creating opportunity!
                    555 Windsor Street Hartford, CT 06120-2418
                    Tel (860) 560-5635 Fax (860) 560-5314
                    santiagor@... www.crtct.org

                    -----Original Message-----
                    From: npEnterprise@yahoogroups.com [mailto:npEnterprise@yahoogroups.com] On Behalf Of stacy.w.mccoy@...
                    Sent: Friday, February 17, 2012 1:00 PM
                    To: npEnterprise@yahoogroups.com
                    Subject: [npEnterprise] business plan + funding

                    I am the co-founder of Give To Get Jobs. Give To Get Jobs is a job board and information hub for jobs that use a sustainable business problem to solve a social and/or environmental issue, mainly social enterprise and CSR. As a social enterprise ourselves, we donate a portion of the proceeds from each posting to fund job creation programs.

                    We launched in May and have been 100% self funded since then. But we are really interested in exploring funding options. We are thinking of starting off with a small business loan. Is this the best approach?

                    Also, we are working on completing our business plan in a way that is appealing to banks and investors. But neither of us have any background in making financial projections, etc. What's the best way to get help with this? I was thinking maybe we could work with an entrepreneurship club at a local university. Has anyone done this before? What are some other options?

                    Any insight or advice would be very much appreciated.

                    Thank you,

                    Stacy

                    [Editor's note: we've had several recent discussions on this business planning question, for example: http://finance.groups.yahoo.com/group/npEnterprise/message/3676 and http://finance.groups.yahoo.com/group/npEnterprise/message/3651 . However, we haven't addressed her question about funding options for awhile. Does anyone have any suggestions for her?]
                  • Rolfe Larson
                    Do you have a social enterprise question? Posing your question to 10,000 of your peers can be a little daunting, but it s worth it. Requests posted to the
                    Message 9 of 21 , May 12, 2014
                      Do you have a social enterprise question?


                      Posing your question to 10,000 of your peers can be a little daunting, but it's worth it. Requests posted to the npEnterprise Forum routinely result in several thoughtful responses that can provide you with valuable suggestions and networking opportunities.



                      Do you have a question about:
                      1) Whether you or your organization is ready to develop a social enterprise?
                      2) The risks and rewards of starting a social enterprise?
                      3) How to identify and select worthwhile venture ideas?
                      4) How to conduct business research?
                      5) How to write an effective business plan?
                      6) How to secure funding for your venture?
                      7) How to integrate business development into your daily management?
                      8) Who is running a venture similar to yours?
                      9) Something else related to starting or growing your venture
                      activities?


                      If so, please click "Reply" and ask your question. Change the subject line to reflect the nature of your question. By the way, we've noticed that short, specific questions tend to get the most responses.
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