Airdo Werwas LLC Airdo Werwas LLC

Nonprofit Law Attorneys in the Chicago Area

Airdo Werwas, LLC represents nonprofit corporations in their governance, operations, and management, and with disputed matters that lead to the litigation process. Our nonprofit attorneys bring years of experience and deep knowledge of the multifaceted legal issues involving tax-exempt institutions, organizations, and associations. We provide counsel and advice on the unique legal issues affecting educational institutions, public charities, religious institutes and societies of apostolic life, public juridic persons, trade and professional associations, churches, arts and cultural organizations, social clubs, and various governmental agencies, districts, and officials. Airdo Werwas, LLC, assists in preparing documents to organize nonprofit corporations and unincorporated entities for state and local law purposes. We assist with board structure, drafting bylaws and policies, and overall systems of governance. The firm also guides board members in understanding and carrying out their fiduciary duties of care, loyalty, and obedience, and understanding how to avoid the pitfalls that are present in board service. Our team of multidisciplinary lawyers provides legal advice on the application of federal and state tax law and state corporate law to the operations and transactions of tax-exempt organizations, including guidance related to the strict limitations involving lobbying and actively participating in political campaign activities.

Chicago, with its rich history of nonprofit organizations, demands a legal partner who can navigate the city's specific regulatory landscape. Our presence as nonprofit lawyers in Chicago ensures that we are not only familiar with Illinois state laws but are also deeply ingrained in the local ordinance variations that can impact nonprofit operations. This local insight is crucial for nonprofits whose work is shaped by Chicago's vibrant and dynamic community landscape.

We advocate for our nonprofit clients before governmental agencies, courts, and arbitrators. Airdo Werwas, LLC, represents the distinctive aspects of the work and mission of nonprofits in its attempt to resolve disputes through conventional negotiations or a complex mediation process. We do our best to find innovative solutions for all our clients to ensure they can accomplish their tax-exempt purposes. Our approach includes extensive research and understanding of both current and changing laws, enabling us to anticipate challenges and provide proactive solutions to nonprofit organizations.

Running a nonprofit in Chicago and need legal guidance? Our nonprofit lawyer in Chicago is here to help. Call (312) 506-4450 or contact us today.

Understanding Nonprofit Legal Challenges in Chicago, IL

Operating a nonprofit in Chicago involves unique legal considerations that require a comprehensive understanding of both state-wide and local ordinances. Chicago nonprofits must comply with Illinois's Charitable Trust Act and the Solicitation for Charity Act, which govern how organizations can solicit donations and manage charitable funds. Failure to comply can result in hefty fines and operational restrictions, making legal expertise indispensable.

Moreover, the Chicago city council may impose additional layers of compliance for nonprofit operations, especially concerning property tax exemptions and local fundraising efforts. Understanding these intricacies helps nonprofits navigate local administrative procedures more effectively and maintain their good standing within the community.

Tailored Legal Strategies for Nonprofits

Airdo Werwas LLC excels in offering customized legal strategies that address the specific concerns of nonprofits in Chicago. Our detailed understanding of both charitable intent laws and commercial regulations enables us to craft approaches that optimize operational efficiency while safeguarding tax-exempt status.

Our service includes conducting legal audits to ensure compliance with both federal and local reporting requirements, offering a proactive mechanism to identify potential legal vulnerabilities before they escalate into significant challenges. By focusing on preventive legal approaches, Airdo Werwas LLC empowers nonprofits to fulfill their missions with minimal legal hindrances.

Comprehensive Legal Support for Religious Organizations

Religious, nonprofit, educational, and social services organizations face legal challenges that may be unfamiliar to other businesses and can undermine these groups’ vital missions. We understand that these clients must remain dedicated to their charism, and our goal is to address their legal needs so they can stay faithful to their foundation. A nonprofit attorney at Airdo Werwas LLC is dedicated to providing the unique legal services that religious institutes and societies require. With decades of experience and specialized knowledge, our nonprofit lawyers have become a valuable resource for many organizations, including church-affiliated groups, apostolates, and religiously-sponsored ministries.

Airdo Werwas offers religious institutions comprehensive corporate services, in addition to our other legal services, in a single firm. Our work with religious clients includes advising on complex sponsorship and governance issues and assisting in the formation of nonprofit corporations and other legal structures. We counsel clients through mergers, acquisitions, affiliations, and joint ventures. Our lawyers are especially adept at the interplay between canon and civil law and the legal issues that arise with the exchange of entities from one public juridic person to another. Our team regularly works with religious institutions on the civil legal requirements when they alienate real property. We are familiar with issues emanating from these transactions, including those between exempt and non-exempt organizations. Our commitment extends beyond traditional legal representation—we work hand-in-hand with religious leaders to ensure that legal structures not only meet compliance standards but also align harmoniously with religious mission and values.

In conjunction with our firm’s real estate experts, we provide our religious and nonprofit clients with a wide range of services relating to real estate sales, drafting and negotiating leases, construction matters, and various forms of finance issues, including tax-exempt financing. We also provide consultation on real estate tax matters. Our team understands the intricacies of managing real estate assets in faith-based contexts, ensuring that property matters align with both legal and spiritual directives.

For more information on our services, please visit our Practice Areas page.

Frequently Asked Questions

What Are the Steps to Establish a Nonprofit in Chicago?

Establishing a nonprofit in Chicago involves a structured process governed by both state and federal requirements. Initially, aspiring organizations must choose an appropriate name that complies with Illinois state guidelines and is not already in use. Following this, creating and filing the Articles of Incorporation with the Illinois Secretary of State establishes the nonprofit's existence legally.

Once incorporation is confirmed, the nonprofit needs to develop bylaws, outlining governance and operational frameworks essential for legal compliance. Additionally, obtaining an Employment Identification Number (EIN) from the IRS is necessary for tax-related purposes.

Lastly, it is critical to apply for both federal tax-exempt status via IRS Form 1023 and state tax-exempt recognition. Complying with the Solicitation for Charity Act by registering with the Attorney General’s office is also necessary for fundraising activities. Given the complexity of these legal prerequisites, consulting with a qualified nonprofit attorney in Chicago can streamline the process, ensuring compliance and mitigating the risk of legal pitfalls.

How Do Nonprofits Maintain Their Tax-Exempt Status in Illinois?

Maintaining tax-exempt status in Illinois requires strict adherence to both federal and state regulations. Nonprofits must file annual reports with the Illinois Secretary of State and Form 990 with the IRS. These documents demonstrate ongoing compliance, detail income and expenditures, and affirm the organization’s ongoing commitment to its mission.

In addition, Illinois requires nonprofits to renew their charitable registration annually with the Attorney General. This involves providing detailed financial reports and confirming that the organization's activities align with its stated mission.

Nonprofit organizations must also avoid excessive lobbying or political activities, which can jeopardize their status.  A nonprofit attorney in Chicago at Airdo Werwas LLC provides detailed guidance on these regulations, helping nonprofits navigate the complexities of compliance, including any nuances that may arise with changes in legislation or operational focus.

What Are Common Legal Pitfalls for Chicago-Based Nonprofits?

Chicago-based nonprofits often face a variety of legal challenges related to compliance and governance. One common pitfall involves the mismanagement of funds or failure to adequately document financial transactions, which can lead to financial audits and potential penalties.

Additionally, nonprofits must stay vigilant about changes in local regulations that may impact their operations, such as those related to property taxes or fundraising restrictions. The failure to adjust bylaws to reflect such changes can compromise the organization's compliance and, subsequently, its tax-exempt status.

Another risk involves governance issues, such as conflicts of interest within the board of directors. Without proper policies, these conflicts can lead to legal scrutiny and reputational damage. A nonprofit lawyer in Chicago at Airdo Werwas LLC works closely with nonprofits to develop robust governance frameworks, helping them avoid these common pitfalls and continue operating smoothly and effectively.

Worried about nonprofit compliance or governance issues? A nonprofit lawyer in Chicago can help protect your organization. Call (312) 506-4450 or contact us today.

Our Clients Come First

  • “We prayed to find attorneys that knew the intricacies of civil and canon law, the ethical foundations of our monastic way of life...Airdo Werwas was just that firm!”
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Specialized Guidance for Child & Youth Serving Organizations

A special focus of this group is the management of risks and claims, especially those matters of concern to child and youth serving organizations. As these organizations know all-too-well, those that do not place the safety of children at the forefront of their operations will face dire consequences. We advise clients about policies and practices to reduce and avoid these specific risks, in addition to other common risk management practices.  We are routinely called upon to review, revise, and draft child protection policies, procedures, and protocols, and related employee handbooks.  We participate in Review Board meetings as legal counsel and offer guidance to organizations that must respond to allegations of misconduct, both in the present day and from decades ago.  Given our experience in this area, our lawyers have honed their skills and can offer our clients proven methods and strategies for addressing claims and avoiding litigation, including alternatives to litigation such as mediation.  Airdo Werwas also assists clients in navigating the crisis management response, including drafting media statements, addressing constituents, and responding to civil and criminal authorities. Our comprehensive approach not only mitigates risks but also empowers organizations to create a safer environment for children.

Where litigation cannot be avoided in these cases, the attorneys in our group represent clients in litigation at the trial and appellate levels in both state and federal courts. Our lawyers successfully defend clients on statute of limitations grounds, in addition to other legal defenses.  Working with our Insurance Practice Group, we also aggressively advocate for our clients in the pursuit of all applicable insurance, including decades-old policies, lost policies, legacy carriers, policies in run-off, and similar situations. We are well-versed in the tools used by insurance archeologists to research and pursue this historic coverage information.  Additionally, our nonprofit lawyers in Chicago are no less zealous in ensuring that our clients receive the coverage to which they are entitled, and that will allow them to continue pursuing their mission. By integrating legal and insurance insights, we help secure the financial resources essential for the sustained operation of child and youth services, safeguarding their mission and ensuring continuity of care.

Legal Assistance for Nonprofit Organizations 

Our attorneys contribute to the nonprofit community in many ways, including giving speeches, seminars, and workshops to nonprofits and writing articles, sample policies, and protocols for use by nonprofit corporations. We also serve on boards and committees and offer our time, talents, and treasures to numerous nonprofit events and initiatives. This participatory approach not only strengthens our clients' operations statistically but also reinforces community ties and elevates overall sector standards. Our ongoing involvement underscores our commitment to empowering nonprofit organizations through shared knowledge and collective growth.

For more information about how we can help your organization, fill out our online contact form or call (312) 506-4450 to reach our team.  

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