Not-For-Profit & Charity Lawyers

We work with large and small organizations, national and international, operating in a wide variety of sectors. Our lawyers act as counsel for many charitable and not-for-profit organizations, including major Canadian registered charities, family foundations, professional associations, employment service agencies, private clubs, churches and other religious organizations, health sector associations, patient advocacy groups and regulated health professional colleges. As such, we have extensive experience in dealing with the unique legal issues faced by not-for-profit and charitable organizations.

Not-For-Profit Incorporation

Every charity is a not-for-profit, but not every not-for-profit is a charity. And not every charity is incorporated. Our lawyers will help to advise whether not-for-profit incorporation is the right step to take in the life of an organization. Our lawyers will guide groups through the differences between the Canada Not-for-profit Corporations Act and the Not-for-profit Corporations Act, 2010 (Ontario), to help determine which governing Act is best for any given organization. Once incorporated, our lawyers will help to organize the newly incorporated not-for-profit corporation by preparing bylaws with the appropriate membership structure, board composition and operational procedures, resolutions to confirm members, elect directors and appoint officers and required registers for compliance with applicable governing legislation. For those organizations that were operating as an unincorporated group, we will assist with the transfer of assets, liabilities, members and ancillary matters related to transitioning to a corporate structure.

Maintaining Good Corporate Governance

Our not-for-profit and charity law practice includes a significant amount of corporate and governance work. Our lawyers regularly provide strategic advice to help clients stay compliant with the complex regulatory regimes that apply to charitable and not-for-profit organizations.

We have significant experience assisting clients with the transition to and governance under the Not-for-profit Corporations Act, 2010 (Ontario).

Charity Status Application

Obtaining status as a registered charity in Canada can be a complicated process and becomes more difficult to navigate every year with constant changes to Guidance from the Charities Directorate of the Canada Revenue Agency. Our lawyers will help to advise whether a not-for-profit Organization is ready to apply for charitable registration status and we will guide you through the process to completion.

Commercial Services

Charitable and not-for-profit organizations occasionally have similar needs to those of for-profit businesses. As a full-service law firm, Mills & Mills LLP has the insight and ability to meet the commercial needs of our charitable and not-for-profit clients. This may include a lease review, handling employment matters or contract negotiation. Our in-depth understanding of the ways in which other areas of law intersect with the not-for-profit sector gives us the ability to think strategically, plan proactively and offer truly comprehensive legal representation to our clients.

Proactive Risk Management

As with all our clients, we believe in a proactive risk management approach to address potential problems early and limit exposure.  If disputes arise requiring intervention, we represent clients in conflict resolution including alternative dispute resolution, administrative proceedings and litigation. Our qualified and experienced team works with clients to resolve matters efficiently and effectively.

Protecting the Interests of Charities Named as Estate Beneficiaries

Our lawyers also have extensive experience at the intersection between charities and estates. We regularly advise clients of their legal rights and obligations with respect to funds received from charitable bequests under a Will, and we work diligently to ensure the full intended value of the bequest is received.

Experienced Lawyers for Charities and Not-for-profit Corporations

We advise already established and yet to be established charities and not-for-profit organizations on a wide range of issues, including:

• Incorporation, Registration, Articles of Amendment, Supplementary Letters Patent, and other organizational documents
• Charitable Registration
• Corporate Governance, including drafting and revising bylaws and governance policies
• Regulatory Compliance
• Trademark and Copyright Protection
• Contract Review and drafting, including gifting agreements and fundraising
• Real Estate transactions including Leases and Agreements of Purchase and Sale
• Employment Matters, including employment contracts and employment disputes
• Conflict Resolution, including mediation and litigation
• Estate Matters, including when a charity is named as a beneficiary in a Will or Trust
• Amalgamation, dissolution, and revocation of charitable status

Contact the Charitable and Not-for-profit Lawyers at Mills & Mills LLP

For more information on how we can help you or your organization, contact us at 416-863-0125 or email us. We look forward to assisting you.