Blog - Page 21 of 46 - Charity Lawyer Blog

9 Tenets of Fiduciary Duty as a Board Member

Fiduciary duties, as codified in state law, board bylaws, and common practice, are quite simply a set of rules to ensure that boards are run effectively, lawfully, and with the best interests of their mission in mind. Here, we’ll look beyond the legal jargon to distill the legal and ethical responsibilities of board members to oversee the management of and ensure accountability to your nonprofit organization.

May 11, 2020 No Comments

Quorum in Crisis: What to Do When Your Board Can’t Meet in Person

Now is the time for thoughtful and decisive action. But how does your board do this when you can’t physically convene? Hope isn’t lost. Here’s what you need to know to hold an emergency board meeting.

May 4, 2020 No Comments

Is Your Nonprofit Considering a Strategic Restructuring?

We’ll spare you the pandemic intro; we know that nonprofits are acutely feeling the effects of the current financial crisis. And uncertainty about COVID-19 virology and what a new normal might look like is frustratingly confounding. But now is not the time for magical thinking, according to a panel of experts recently convened by BoardSource. We participated in their webcast to learn more about how nonprofits can best navigate the hard decisions ahead.

April 27, 2020 No Comments

Strategies for Handling a Difficult Board Member

Think back to the last time you had to (or at least wanted to) confront your boss about micromanaging your work. Now imagine having ten bosses instead of one. You’ve just stepped into the shoes of your nonprofit’s executive director. While we might all like to cast aside the possibility of an overreaching board member in our organizations, even the most well run nonprofit boards will deal with difficult board members at some point. Boards are full of, well, humans, who have a unique set of personal experiences, emotions, and motivations that influence on their job as a director. Sometimes, that can lead to conflict that is uncomfortable, unproductive, and even contrary to the organization’s best interests.

April 13, 2020 No Comments

The Pitfalls of Delegation (and how to avoid them)

Delegating activities to committees and other qualified individuals can be helpful for nonprofit boards that are short on the time or expertise needed to carry out certain functions. For example, nonprofit boards typically delegate the day to day management of the organization to officers such as the C.E.O./Executive Director. Boards also delegate specific tasks to committees who can devote more time to particular matters.

April 6, 2020 No Comments

CARES Act Assistance Programs Available to Nonprofits

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) became law. The CARES Act provides $349 billion in benefits for small businesses, including qualifying nonprofit organizations. Specifically, certain nonprofits are eligible for the Paycheck Protection Program and the expanded Economic Impact Disaster Loan program (EIDL). The CARES Act also provides payroll tax relief and expands the charitable deduction to all taxpayers for one year to incentivize charitable giving.

April 1, 2020 No Comments

What Your Non-Profit Needs to Know About Force Majeure

Force majeure has become the word du jour; French for superior force, it refers to a principle of contract law in which parties to a contract can limit their liability and performance obligations. In the simplest terms, it allows parties to suspend or discontinue the performance of contractual obligations in cases of emergent circumstances beyond the parties’ control. It may also operate to limit contractual liability. But its practical application is nuanced. Here’s what you need to know:

March 30, 2020 No Comments

What Employers Need to Know about the Families First Coronavirus Response Act by Deanna Rader

On March 18, 2020, the Families First Coronavirus Response Act (the Act) was signed into law, and it goes into effect on April 2, 2020. It is the first relief package approved by Congress and requires certain employers to provide employees with emergency paid sick leave and expanded family and medical leave for specified reasons related to COVID-19.

March 23, 2020 No Comments

Fundraising Regulation

Register to Fundraise in Each State

You’ve decided to start your own non-profit charity to raise money for a cause you are passionate about. This is great, but there is a

February 19, 2020 No Comments

Best Practices for Taking Board Meeting Minutes

Meeting minutes need to record the proceedings in a way that is simple, unambiguous, and accurately reflects the wishes and actions of the Board. A simple rule of thumb is that minutes should contain enough detail to reflect the steps that the Board took and any critical discussions that took place. Well drafted minutes are essential evidence that the directors fulfilled their fiduciary duties.

February 17, 2020 No Comments