QUESTION

3 board members of a non-profit 501(C)(3) want to start a for profit business. Can we buy existing materials from the non-profit?

Asked on May 09th, 2012 on Business Law - Maryland
More details to this question:
Originally we wanted to sell items which we engineered under the non-profit business to raise funds for the non-profits. We started designing these items and have used non-profit money to buy materials and services including a domain name. We came to realize that this is a tax nightmare and we no longer want to donate our time to the non-profit but instead want to do this as a for profit business. Can our for profit business purchase the domain name and existing items from the non-profit at cost? All the members of the non-profit are okay with us doing this. Do we need to consult a lawyer or is this a fairly common practice. No products have been sold under either company at this point.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The transaction jeopardizes the non-profit status of the proposed seller. You should consult with an attorney before proceeding further.
Answered on May 09th, 2012 at 11:58 AM

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