Tuesday, September 21, 2010
Can a 501(c)(3) organization be sold?
A Christian ministry wishes to acquire another Christian ministry. Both are 501(c)(3) organizations. The acquired ministry is to become a division of the acquiring ministry and the Founder of the acquired ministry will be made an employee of that division. Can the Founder of the acquired ministry legally ';sell'; his ministry to the other, rather than just being acquired by contract and merging it in as a new division? My accountant thinks not, but I'd like a second opinion. If a 501(c)(3) were sold then obviously someone would have to pocket the proceeds. My accountant says that would be a violation of the 501(c)(3) prohibitions on personal inurement. True or no?