Can a For-Profit Corporation Claim a Religious Objection?

It has long been recognized in the United States that an individual can, under certain circumstances, claim religious exemptions to certain laws because of a religious objection. This basic principle, based on the First Amendment’s Free Exercise clause, has also been extended to religious non-profit organizations, like churches and schools or charities run by religious institutions. However, in recent years a new question has come up: can a for-profit company claim a religious objection to a law, even when they’re not officially recognized as a religious organization? Continue reading “Can a For-Profit Corporation Claim a Religious Objection?”

Prohibited Activities by Nonprofit Organizations

Operating a nonprofit corporation can give you a lot of freedom compared to operating a for-profit corporation. For one, you can simply do whatever your organization was created to do, without worrying about whether you’re pleasing shareholders. For another, you can get a tax-exempt status that will protect you from the burden of the corporate income tax. However, that status isn’t absolute, and if you engage in any prohibited activities, your nonprofit status can be revoked. Continue reading “Prohibited Activities by Nonprofit Organizations”

Is a Nonprofit Corporation Right for You?

When people think about corporations, a few names will spring to mind: Disney, McDonalds, Walmart, Coca-Cola, Apple, maybe even something like Comcast or Nintendo. And that’s because most people only really think about for-profit corporations. However, just about every major charity is also incorporated, as are many colleges and universities. The big difference is that these are nonprofit corporations, and depending on what you intend to do, a nonprofit corporation might be just what you need. Continue reading “Is a Nonprofit Corporation Right for You?”

The Importance of Recording a Title

Buying real estate, whether as a home or for your business, is always a complicated affair. You need to secure financing, you need to have the premises inspected, you need to negotiate the price, and so on. However, there’s one additional factor you may need to worry about that isn’t always obvious: officially recording the fact that you’ve bought the real estate.

Whenever you purchase real estate, a part of that process is supposed to include recording the transfer of title with the local clerk’s office. This is to make sure there is a consistent record showing the transfer of ownership between one person to another. However, not everyone remembers, or knows, to have their deed recorded, which can potentially lead to a lot of issues down the line, if there’s ever a dispute over who truly owns the property.

For example, there have been cases where one person attempted to claim a house they inherited from a deceased relative, only to find that the house was sold years before and the deceased relative never changed their will to reflect that. At other times, less-than-honorable people have sold the same property to multiple buyers, creating duplicate deeds for every person they sold it to. In these cases, whether someone recorded their deed can mean the difference between whether they get to keep the property they bought (or inherited, as the case may be).

Wingate, Kearney & Cullen, LLP represents buyers and sellers of residential and commercial properties including co-ops, condominiums, single-family homes, and multiple family dwellings. With law offices conveniently located in Brooklyn, New York, and Melville, New York, our lawyers are available to assist residents of the five boroughs of New York City and Nassau and Suffolk County on Long Island with their real estate needs. If you are looking to buy or sell real estate, call (718) 852-5900, or reach us through our contact page.

The Finance of Faith: Finances for Tax Exempt Organizations

Normally, one of the benefits of running a religious non-profit organization is being tax exempt. Religious non-profits can easily obtain tax-exempt status under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code, and free themselves of many of the reporting requirements that other organizations are subject to. That said, however, a religious non-profit cannot simply ignore its finances altogether. Remaining diligent about your finances can be incredibly important if your organization ever runs into trouble. Continue reading “The Finance of Faith: Finances for Tax Exempt Organizations”

Learning How to Trust the Trust

When people hear the phrase “estate planning,” chances are the first thing that comes to mind is writing a will. And while writing a last will and testament is an essential part of estate planning, it’s not the only thing you can do to plan for your estate. For example, one often overlooked instrument is the trust, which can be a handy legal tool for anyone trying to plan their estate. Continue reading “Learning How to Trust the Trust”

The Religious Exemption to the ADA

The Americans With Disabilities Act (ADA) was originally passed in 1990 with the intention of ensuring Americans with disabilities have access to the public accommodations that everyone else enjoys. The law does this by requiring employers, government agencies, and anyone who provides goods and services to the public to make reasonable accommodations to people with disabilities. However, there are two kinds of entities that are broadly exempted from these requirements: private clubs and religious organizations. Continue reading “The Religious Exemption to the ADA”

The Obligations of Incorporation

If you choose to incorporate your business or organization, you may think the worst of it is filing the articles of incorporation (or, of course, filing your taxes). You may think your corporation protects you from financial and legal liability. However, corporations have additional requirements that other kinds of businesses don’t, and if you’re not diligent about fulfilling them, there can be serious legal consequences. Continue reading “The Obligations of Incorporation”