Andras Kosaras

Andras Kosaras

Counsel, Arnold & Porter

Andras Kosaras represents domestic and international tax-exempt organizations on a broad range of regulatory, transactional and operational matters, including structuring domestic and international programs, grantmaking, and business ventures. He also represents individuals and corporate donors on charitable giving. In addition, working with the firm’s legislative team, Mr. Kosaras monitors and provides advice on legislative and regulatory tax proposals affecting tax-exempt organizations.

He advises exempt organizations on executive compensation, private foundation rules, unrelated business income tax, mergers, joint ventures and the establishment of for-profit subsidiaries, as well as on managing investments and endowments, including mission- and program-related investments. He advises exempt organizations involved in tax and governance controversies, including internal investigations, disputes over charitable gifts and gift restrictions, internal investigations, and examinations by the IRS and state charity regulators.

Contributions

Ask the Lawyer: Legal Issues Related to COVID-19 Grantmaking

Posted on March 27, 2020 by Andras Kosaras

lady justice statue and globe on desk
The National Center for Family Philanthropy is dedicated to serving families who give and those that work with them. In response to the COVID-19 crisis, we are offering weekly conversations on topics of interest to all philanthropic families associated with family foundations, donor-advised funds, family offices, and other philanthropic vehicles. For questions about this series, please contact Jen Crino at… Read More
Ask the Center

Ask the Center: Loosening Restrictions on Grants During COVID-19 Crisis

Posted on March 25, 2020 by Andras Kosaras

writing on paper
Our board is interested in converting selected restricted grants into unrestricted grants. We would also like to change the scope of work and goals for certain restricted grants in order to be more accommodating to partners that are seeking to respond to the COVID-19 crisis. The easiest way to amend grant agreements is by sending a letter style amendment. You… Read More

2020 Trustee Education Institute

Posted on December 22, 2019 by Christopher Fletcher, Jennifer Davis, Robin Snidow, Laura Collins, Paul Liu, Greg Ratliff, Kathleen Simpson, Tamara Larsen, Dana Lanza, Shaady Salehi

past TEI attendees
Attendees, please visit the event website for the most up-to-date agenda and Zoom links. The website passcode was emailed to all registrants. NCFP’s Trustee Education Institute provides a comprehensive introduction to important legal, investment, ethical, grantmaking, and family dynamics issues facing family foundation board members. Featuring a faculty made up of donors, board members, and highly respected philanthropy experts, this… Read More

Can We Change Our Registered Agent?

Posted on March 13, 2017 by Andras Kosaras

Our foundation is incorporated in the State of California, but the legal address is in the state of Colorado. We have an excellent relationship with our broker who is also located in California. Could we ask him to be our registered agent?… Read More

How Long Should a Foundation Keep Grantee Reports?

Posted on February 19, 2016 by Andras Kosaras, James P. Joseph

Are there legal requirements, IRS or other, for foundations regarding receiving and retaining paperwork from grantees that documents how grant dollars were spent? A good rule of thumb is to keep grant materials for seven years. We suggest four years at a minimum. The IRS audit statute of limitations is three years. So, it is important to keep grant materials… Read More

Are There Any Lobbying Red Flags to Look Out for in Final Grantee Reports to Our Foundation?

Posted on February 18, 2016 by Andras Kosaras, James P. Joseph

Are there any lobbying red flags to look out for in final grantee reports to our foundation? The foundation should look at grantee reports for lobbying flags or electioneering flags. If grantees are not following the rules it is better to know sooner rather than later. This way it can be corrected going forward. For more information, see The Rules… Read More

Naming Recognition: Is it ok to name a building after donors rather than the foundation?

Posted on February 18, 2016 by Andras Kosaras

Our foundation, the Hearts and Hopes Foundation, provided a grant to a new research facility at a local university. The university has suggested naming the facility after our donors: i.e., the “John and Mary Smith Research Center.” Is this okay or do we have to name it the “Hearts and Hopes Foundation Research Center?” We want to ensure we are… Read More

Recusals: When Should Board Members Excuse Themselves?

Posted on February 18, 2016 by Andras Kosaras, James P. Joseph

If five out of our six board members are on another board of a non-profit, how do we make grants to that non-profit without a majority vote? What are the rules on recusals? This is a little tricky but the members are not required to recuse themselves as long as everyone discloses their relationship with the non-profit. However, if five… Read More

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