Social Enterprise Matters

Representative social enterprise matters in which our attorneys have been involved include:

Start-up/Tax Exemption

  • Assisted with start-up of mission-oriented for-profit technology venture in life sciences sector where founders opted for a C corporation structure in order to appeal to broader spectrum of investors.
  • Assisted with start-up of for-profit social enterprise established to design, manufacture and sell household items made from salvaged materials while providing training and employment to a diverse group of people including marginalized and disabled persons.
  • Assisted with start-up and successful 501(c)(3) application for organization that raised capital through sale of notes to environmentally motivated investors and used the capital to make loans to help finance renewable energy and energy efficiency projects.
  • Assisted with start-up and successful 501(c)(3) application for organization that preserves historic glass plate photographic negatives for small museums in New England.

Outside General Counsel and Other Matters

  • Have served as outside general counsel to various social enterprises, including a for-profit life sciences venture, a nonprofit lender to small renewable energy and energy efficiency projects, a nonprofit organization that pioneers market-based mechanisms to promote financial literacy and savings among low- and moderate-income populations, and a venture philanthropy grant organization.
  • For for-profit life sciences social enterprise, assisted with corporate governance, beta customer agreements, risk management matters, technology licensing matters, independent contractor agreements, vendor contracts, equity compensation documents, employment matters and website terms and conditions.
  • For solar energy company organized as public benefit corporation, assist with planning and documentation of reincorporation merger into a Delaware corporation, creation of equity incentive plan, drafting of shareholders agreement among key shareholders, and various employment matters.
  • Assisted nonprofit in planning and setting up a groundbreaking “prize-linked savings program” with a group of credit unions in Michigan using unique provisions in Michigan law that allow for credit unions to run “savings promotion raffles.”
  • Represented nonprofit client in the development of the legal architecture for its successful first and second generation fee-based registries of corporate carbon emissions reductions and carbon offsets.
  • Assisted nonprofit with grant agreements, professional services agreements and pilot site agreements relating to development of video game for teaching financial literacy.
  • Assisted nonprofit with legal infrastructure for pilot “refunds to assets” programs involving sale of U.S. savings bonds to clients of volunteer tax preparation assistance organizations.
  • Represented market-oriented nonprofit in an amalgamation with a larger nonprofit structured as a contribution of both unrestricted and restricted assets in order to promote the transacting of restricted assets to achieve net environmental benefits.

Nonprofit Securities Offerings

  • Assisted with nonprofit securities offering by organization that sells notes to socially responsible investors to raise capital for loans to community development and microfinance institutions in developing countries.
  • Assisted with nonprofit securities offering by organization that sells notes to socially responsible investors to raise capital to backstop guaranties of third-party loans to non-governmental organizations and businesses in South Africa.
  • Assisted with nonprofit securities offering by organization that sells notes to environmentally motivated investors to raise capital for loans to support renewable energy and energy efficiency projects.