In considering restructuring, the following regulatory authority checklist may be helpful
Not-for-profit corporitions:
- not-for profit corporation law
- Internal Revenue Code (exemption and taxpayer identification number)
- state and local tax laws on exemptions (including real property)
- attorney general or similar charitable registration requirements
- bylaws, organization minutes, and minutes of first governing body meeting
- bank account
For-profit corporations:
- business corporation law
- taxpayer identification number
- bylaws, organization minutes, minutes of first governing body meeting, and issuance of stock
- bank account
Hospitals:
- reimbursement regulations
- certificate of need regulations
- governing body bylaws and relationship to additional corporations
- fraud and abuse laws, rules, and regulations
