Lehman, Lee & Xu assists on tax, corporate, regulatory and other issues faced by nonprofit organizations and their founders, members and directors. Our nonprofit clients include public charities, chambers of commerce, private foundations, non-governmental organizations, labor associations, trade associations, social clubs and social welfare organizations.
We advise founders on the structure of nonprofit organizations, set up and register the organizations, assist the founders in developing bylaws and other operating rules, conduct organizational meetings, and obtain tax exemptions and intellectual property protection.
Our advice on corporate, human resource and tax issues helps our clients conduct complex business transactions as well as routine real estate transactions and consulting agreements. We frequently deal with leading edge and precedent-setting issues including product branding, joint ventures between for-profit and nonprofit organizations, lobbying by tax-exempt organizations, and lawful business activities of nonprofits. Our firm has sent comments to the Ministry of Civil Affairs on the drafting of new Non-Governmental and Not-for-profit regulations and implementing rules.
Nonprofit organizations seek our assistance when they consider how a proposed joint venture agreement, new activity, or new contract may affect their tax exemption or nonprofit status.
Following are examples of assistance that we have provided to nonprofit, non-governmental organizations:
- Large trade association -- structured an independent associations arbitration tribunal in China;
- Educational institutions-created some of the first private educational institutions in China;
- Various charitable and educational organizations - set up joint ventures in China and advised on purchase of real estate, taxation of entities and employees, and HR issues;
- Museums -- assisted with donations to State-run museums; set up international exchanges of art objects;
- Trade associations -- established some of the first foreign trade associations in China through new or revised articles of incorporation and new bylaws, including one association that had been deadlocked as the result of its bylaws;
- Unincorporated associations -- provided legal opinions for financing.
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