Molly S. Unterseher

/My focus

I assist nonprofit clients with a wide range of matters, including the establishment of charitable organizations, maintenance of tax-exempt status, and compliance with ongoing governance and tax requirements and best practices. 

I frequently serve in an outside general counsel role and develop relationships with my clients as a trusted advisor, providing practical advice on governance structures and board composition, federal and state tax filings and registrations, domestic and foreign grant making, charitable activities and investments, charitable donations, and philanthropic giving vehicles.

I assist clients in protecting their tax-exempt and nonprofit status while maintaining their organizational objectives and lead them through strategic implementation and expansion of their charitable activities, programming, and operations. This includes guidance on nonprofit mergers and acquisitions, affiliations with nonprofit and for-profit entities, formation of taxable subsidiaries, private benefit concerns, relationships and intercompany services with related taxable entities, grants to nonprofit and for-profit entities and programs, establishing endowment funds and restricted gifts, and family dynamics in next generation board governance and succession planning. 

I have a particular focus on assisting clients with the restrictions applicable to private foundations, including analysis of potential self-dealing transactions, conflicts of interest, termination taxes, excess business holdings, and program-related and mission-related investments. I also have unique experience working with nonprofit and for-profit sports teams and organizations in affiliations and re-organizations, as well as with professional and amateur athletes seeking to establish charitable entities or scholarship programs and conduct educational activities.

I am dedicated to pro bono as part of my practice and represent charitable and educational clients in the areas of entrepreneurship, research, and clinical care to better serve female athletes and their coaches and physicians, and mentorship opportunities for women.

/Looking ahead

The Trump administration’s executive orders and stated priorities have the potential to significantly impact how nonprofit organizations operate and their sources of funding. I continue to track how proposed changes to tax code guidance related to donor-advised funds and the estate tax may impact private foundations and high-net worth individuals, and their charitable planning strategies.