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

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

How should a foundation deal with a obvious self-dealing situation if it was set up by our legal counsel?

Posted on February 16, 2016 by Andras Kosaras, James P. Joseph

If a family foundation’s attorney designs an obviously self-dealing relationship on behalf of one of the foundation’s trustees, and with the awareness and participation of all of the other foundation trustees, does the foundation remain free of liability for taxation or penalty, simply because legal counsel designed and approved the relationship? Is there any legal accountability on the part of… Read More

Is it self-dealing to attend a gala representing our foundation?

Posted on February 15, 2016 by Andras Kosaras, James P. Joseph

I have a self- dealing question. Our family foundation is being honored by one of our grantees at their upcoming gala. I have read that attending the gala under such circumstances is considered official foundation business. However, if the foundation purchases tickets for staff and board members to attend the gala, or sponsors a table, does the foundation need to… Read More

Can the Foundation Reimburse Expenses for a Family Gathering That Takes Place During a Board Meeting?

Posted on June 5, 2015 by Andras Kosaras

A foundation may only incur expenses for meetings/events that are related to carrying out its exempt purposes (including reasonable and necessary administrative expenses).  If a board member wants to invite all board and family members to a family event, the foundation may only reimburse the board member for the expenses incurred if the event is for the purposes of the… Read More
Ask the Center

Can Private Foundations Serve as Fiscal Sponsors?

Posted on October 15, 2011 by Andras Kosaras

By Andras Kosaras, Associate, Arnold and Porter LLP Private foundations frequently receive grant applications from groups that are under the fiscal sponsorship of a section 501(c)(3) public charity.  But sometimes the request is for the private foundation itself to serve as a group’s fiscal sponsor.  Is a private foundation legally permitted to serve as a fiscal sponsor?  Why would a… Read More

Managing Risk: Board Oversight of Foundation Investments

Posted on August 4, 2010 by Karen Green, Andras Kosaras

In the post-Madoff era, the foundation and nonprofit sector continues to struggle with how to invest philanthropic assets most appropriately, and how to ensure that boards and staff are managing investments prudently. This new edition of Passages, authored by two leading experts on the roles and responsibilities of foundation boards, examines the critical role of governance and how to develop… Read More

Managing Risk: Board Responsibilities for Prudent Investment and Governance

Posted on June 11, 2009 by Andras Kosaras

The Madoff scandal has caused the failure of well respected family foundations and raised the specter of penalties for board members’ inattentiveness to investment matters. Is your board doing all it should to be fiscally responsible? In this timely teleconference, learn about the board’s role and fiduciary duties in prudent investing, and hear about IRS’ new scrutiny of our sister… Read More

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