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Neither the non-charitable corporation, itself, nor its directors hold the corporate assets in trust, absent special facts.

A charitable corporation is more a trust than a corporation, a topic that is taken up in an earlier posting on this site. See http://www.jdsupra.com/legalnews/the-charitable-corporation-a-trust-in-d-90654/. In the case of a...more

Spotlight on Georgia: Certain Interesting Tax Developments

As in past years, there have been numerous interesting tax-related developments over the last 12 months in the state of Georgia. Just a few of these recent developments are summarized below...more

Corporate Counsel Solutions - The Right Team for the Job

Corporate Counsel can efficiently and cost-effectively delegate their commercial real estate transactions to outside counsel. This article touches on key-points of the corporate leasing process and the dynamics that corporate...more

Renewing the Right Way

Even in seemingly straight forward transactions, there are several key points a tenant or company should consider when renewing or extending its lease, and a few "best practices" it should adopt....more

Small Tenant Lease Negotiating

Startups, small tenants and non-profits can successfully negotiate several key leasing issues that materially improves the terms of their office space leases. By Peter Pokorny, Real Estate Counselors, PLLC. ...more

Non Profit Leasing - How to get the Advantage

Non-Profit entities have unique issues that should be considered when leasing office space....more

Might the Trust, a Creature of English Equity, Actually be a Variant of the Waqf, an Ancient Islamic Legal Construct?

The English trust is a unique legal device whose origin has been the source of much debate among legal scholars. There are three theories concerning the origin of the English trust: the Roman, Germanic, and Islamic. Until the...more

"Purely Public Charities" in Pennsylvania. Back to the future – again.

A recent Pennsylvania Supreme Court decision has rekindled the issue of what constitutes a "purely public charity" for real estate tax exemption purposes in Pennsylvania. The decision may lead to a renewed interest of school...more

Back to the Future for Real Estate Tax Exemptions and PILOTs/SILOTs? Charities Must Meet HUP Test and Act 55, Pennsylvania High...

For charitable organizations in Pennsylvania, obtaining and preserving real estate tax exemptions just got a little more difficult. The Pennsylvania Supreme Court has ruled that the statute intended to clarify the...more

Divided Appellate Court Denies Tax Exemption for Sale-Leaseback Property

The Fourth District Appellate Court recently found that the Department of Revenue correctly denied a property tax exemption where a charitable organization sold a property to a limited liability company formed by a concerned...more

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