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Religious Institute Practice

Akin Gump Strauss Hauer & Feld LLP represents more than a dozen religious congregations and institutes, including the Missionary Oblates of Mary Immaculate (OMI), the Religious of Jesus and Mary (RJM), the Marist Society (SM), the Congregation of Sisters of St. Felix of Cantalice (CSSF), the Society of Jesus (SJ), the De La Salle Christian Brothers (FSC), the Oblates of St. Francis de Sales (OSFS), the Marians of the Immaculate Conception (MIC), the Sisters of Notre Dame de Namur (SND), the Congregation of the Holy Spirit (CSSp) and others. This work has included a series of major provincial consolidations and civil restructurings throughout the United States. Akin Gump lawyers also regularly represent religious congregations in litigation and provide legal counsel in discrete practice areas. This specialized work involves regulation of charitable solicitations, charitable gift annuities, sophisticated investment structures, personnel policies for lay employees, and complex real estate and financial transactions. In addition, we have considerable experience in advising religious congregations in matters of international finance and tax law, and we have developed a niche in facilitating the establishment of tax-exempt U.S. investment vehicles for the general administration of religious congregations located outside of the United States.

Through these engagements, our lawyers, legal assistants and consultants have developed in-depth knowledge of the structural, financial and legal tools that can be used by religious congregations to protect their assets, foster and promote their ministry and avoid adverse legal entanglements. We have also come to appreciate the subtle but very important characteristics of religious communities and how those unique characteristics relate to the legal and management tools needed to provide effective legal representation. Throughout all of our efforts, we remain mindful of the unique relationship between religious institutes and their members and strive to provide solutions that not only prevent potential liability, but also provide maximum flexibility for each congregation to pursue its distinctive religious mission.

Our relevant experience includes—

  • civil restructurings
  • development of strategies to protect provincial assets
  • formation of charitable trusts and corporations
  • corporate governance
  • registration and compliance of fundraising programs
  • U.S. and international tax matters
  • employment law
  • employee benefits
  • trial and appellate litigation.

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