Christopher T. Craig

Understanding Nonprofit Filing Requirements

March 30, 2023

If you are interested in creating a tax-exempt, nonprofit organization, it is important to understand filing requirements. Most nonprofit entities are non-stock corporations qualified as tax-exempt under Section 501 (c)(3) or (c)(4) of the Internal Revenue Code. They are often religious, charitable, scientific, literary and educational, and in some cases they are social organizations, clubs, business leagues and the like. Starting a Nonprofit Nonprofit organizations have different purposes and missions but are created in a similar manner with two major components: (i) state incorporation as a non-stock corporation, and (ii) applying for and securing tax-exempt status from the Internal Revenue Service (IRS). Incorporation can be accomplished quickly, while securing IRS tax-exempt status may take several months. Once you’ve incorporated and secured tax-exempt status, the organization will enjoy the benefits of tax-exempt status, limited liability, and perpetual existence. Incorporating The first step toward creating a nonprofit is state incorporation. In Virginia, non-stock corporations require the founder(s) to: Select a name. Adopt articles of incorporation, bylaws, and required resolutions. Appoint a registered agent and registered office. Choose Officers and a Board of Directors. Hold an initial meeting of the Board of Directors. Obtain a Federal Employer Identification (FEIN) Number and any required

Estate Planning for First Responders, Military, and Law Enforcement

March 26, 2023

Estate planning is important for everyone, but more so for individuals with high-risk jobs. First responders, military service members, and law enforcement encounter high risks every day, and proper estate planning can be crucial to ensuring your family’s current and future needs in the event of calamity. At Cook, Craig and Francuzenko we cherish those who serve our community, state, and country. To give back, we put together this estate planning guide and we are proud to offer a 10% discount to active and retired law enforcement, first responders, and military members. Why is Estate Planning Important? Firefighters, law enforcement, paramedics, military members, and other first responders put their lives on the line every day to protect our community. Retired individuals can also face unexpected illnesses or death relating to their line of work. For example, firefighters have a higher risk of cancer, and law enforcement often experience health issues related to stress. Estate planning helps protect these heroes and their loved ones. By employing an advanced medical directive and power of attorney, you can avoid costly guardianship and conservatorship proceedings if you lose capacity. With a trust or a will, YOU decide how your assets are distributed. Important Documents

Proposed Non-Compete Regulation Change

January 20, 2023

Are you or your employees subject to a “non-compete” agreement? Are you aware of recent changes in Virginia law limiting the use of non-compete agreements? If not, be sure to review our blog posts from 2020 covering those changes: An Overview on New Virginia Laws that Impact Employers Important New Employment Laws in Virginia START NOW This blog post focuses on further proposed restrictions by the US Federal Trade Commission (FTC) that would ban most non-compete agreements and require the parties to a non-compete agreement to revoke and rescind the agreement, as employers would be required to inform current and former employees (and other parties to any such agreement) that the agreement is null and void. The Draft Rule The draft rule simply bans non-compete agreements outright (as well as any agreement that would have the same effect of a non-compete), for most employer/employee relationships – including some non-compete agreements embedded in business purchase and sales agreements. The only limited exceptions would be if a selling shareholder owns at least 25% of the entity being sold. Others not covered by the rule include franchisees and businesses that are not subject to the Federal Trade Commission Act (e.g., federal banks, savings

Outside General Counsel – Legal Counsel for Your Business

October 17, 2022

Good legal advice and counsel are “value added” to any small, medium, and large business. Counsel can manage risk and spot and eliminate problems BEFORE they occur, conserving corporate resources for more productive use. For example, your Counsel can help: Avoid and manage employee disputes Craft compensation plans Draft employee handbooks and company policies Handle corporate governance problems concerning shareholders, Directors and officers Prepare contracts Protect intellectual property Advise on corporate structure, and Eenhance profits by avoiding costs incurred by errantly “going it alone.” But, not every business can afford a full time General Counsel. That dilemma can be solved by recruiting Outside General Counsel – a private attorney or Firm with skill and experience in a variety of corporate legal matters. Outside General Counsel is just that – general – similar to a general practitioner physician. Outside Counsel can represent the business in ways such as: Corporate legal matters and disputes Handle day-to-day legal matters related to contracts and non-disclosure agreements HR issues Leasing and the like. Outside Counsel can also help solve more complex legal matters personally, through his or her law firm, or outsourcing and managing the problem through an attorney that focuses on the issue. In

What is an Estate Attorney in Fairfax VA

September 20, 2022

Having your estate organized ensures that your last wishes are fulfilled. While it can be uncomfortable to think of death, it is important to plan. An estate attorney can help you create a solid plan. Here’s what you need to know. What is an Estate Attorney? The word “estate” may suggest immense grounds and sprawling mansions, but its not quite the same. A person’s estate is everything belonging to that person, including real estate, bank and brokerage accounts, personal property, cars, pets, retirement accounts, and the like. An estate attorney can help organize these assets to help ensure that they go to the proper people and places on the client’s death. Estate attorneys work in estate law, which consists of many areas in which the attorney may practice. Last Will and Testament What happens to your assets when you die? Do you want everything left to your spouse and children? Maybe you want to leave a donation to a charity organization. Whatever you wish to do with your belongings after your death, you need a plan that includes proper beneficiary designations and a last will and testament to ensure those wishes are carried out. Smart Tax Strategies There are many