Two Entities. One Mission.
- Civic education & governance literacy
- 12 Points of Good Governance framework
- Voter engagement programming
- ED leader support & training tools
- Grant funding & tax-deductible donations
- Community workshops & outreach
- License use of brand/IP from Dan Devine
- CivicSphere app & platform technology
- SaaS / subscription product features
- Congress.gov API & AI bill summaries
- Commercial partnerships & licensing
- Investment-ready corporate structure
- License use of brand/IP from Dan Devine
- Can provide tech services to American Civic Power
Inter-Entity Relationship Diagram
Licensing & Service Agreement Outline
The IRS requires that transactions between related nonprofit and for-profit entities occur at fair market value. Below are the core inter-entity agreements to establish with counsel.
| Agreement | Parties | Key Terms |
|---|---|---|
| Trademark License | Dan → ACP & MCS | Royalty-free or nominal fee license to use CIVESTOR™ and CIVEST™ marks; defined scope and territory; termination clause if entity winds down. |
| Technology Services Agreement | MCS → ACP | My Civic Sphere provides app hosting, development, and tech support to ACP at documented fair market rates; invoiced quarterly; reviewed annually. |
| Content License | ACP → MCS | ACP licenses its civic education content and 12 Points framework for use in the MCS app; license fee at fair market value; non-exclusive. |
| Shared Services / Cost Allocation | Both entities | If staff, office, or systems are shared, a written cost allocation policy must document how expenses are split (IRS requirement for nonprofits). |
| Board Independence | Both entities | ACP board must be majority-independent; Dan may serve on both boards but conflict-of-interest policies must govern any inter-entity votes. |
Recommended Next Steps
File a Certificate of Incorporation with the NYS Department of State. Filing fee is $125. Registered agent address required. Consider using a registered agent service if you don't want your home address public.
American Civic Power (if not already obtained) and My Civic Sphere each need a separate Federal EIN from the IRS. Free, done online at irs.gov.
Use IRS Form 1023 (or 1023-EZ if eligible). Contact Lawyers Alliance for New York for pro bono or low-cost assistance. This process typically takes 3–6 months.
File for CIVESTOR™ and CIVEST™ with the USPTO. Filing fees start at $250/class. Use an IP attorney or the Trademark Electronic Application System (TEAS). Holding marks personally is fine for now.
Engage the Suffolk County Bar Association Lawyer Referral Service or Lawyers Alliance for NY. Service agreements, trademark licenses, and cost allocation policy should be in writing before either entity generates revenue or applies for grants.
Never commingle funds. ACP should open a nonprofit checking account; MCS a business checking account. Required for both IRS compliance and investor credibility.