A few months ago, Harvard Business Review published a great piece by Dominic Barton and Mark Wiseman titled Where Boards Fall Short. In the piece, the authors examined the ways in which boards of directors are failing their organizations and discussed areas in which we should begin to make...
BOARDS / GOVERNANCE
An engaged board can be one of the most important organizational assets of a nonprofit. But nonprofit boards are often underutilized and are not always effective in significantly advancing an organization’s mission. Educating boards and executives about their legal duties, practical steps to take to effectively meet those duties, and best practices in mitigating exposure to organizational and personal liability/harm is key to establishing board engagement and effectiveness.
The Avengers, a Nonprofit Corporation
In Avengers: Age of Ultron, Captain America made reference to bylaws in stating that there were no restrictions against relationships between members. This of course proves that The Avengers are not only a superhero team that saves the world on a regular basis but also a nonprofit corporation. Here is the...
Why Nonprofit Governance is Different from For-profit Governance
The basic legal duties of care and loyalty apply whether you’re a board member of a nonprofit or for-profit corporation, but what you’re responsible for overseeing may be very different. Fiduciary Duties The board of directors of a corporation, whether nonprofit or for-profit, is ultimately responsible for the management...
Nonprofit Law: Hot Topics – CEB / CLE
On February 26, 2015, Erin and I recorded a webinar for Continuing Education of the Bar – California on Nonprofit Law: Hot Topics. It’s an intermediate-level one-hour CLE program available here. Providing counsel to nonprofits requires knowledge and understanding of corporate and tax laws that are often not intuitive or...
Independent Sector’s Principles for Good Governance
The legal duties of a board member go beyond ensuring that the organization complies with applicable law. A board member must act with reasonable care and good faith in the best interests of the organization. The best interests of a 501(3)(3) organization are related to its performance of its charitable, educational,...
CEB: Nonprofit Law: Hot Topics – Livecast on Thu, 2/26, at noon
Erin and I will be presenting a program on Nonprofit Law: Hot Topics for Continuing Education of the Bar (CEB) – State Bar of California livecast on Thursday, February 26 from noon to 1 p.m. The following description of our program is on the CEB website. Providing counsel to nonprofits...
Nonprofit Radio: Board Calendars
I’ll be on Nonprofit Radio speaking with host Tony Martignetti this Friday at 10:30 am PT / 1:30 pm ET discussing agenda items nonprofit boards should get on the board calendar at the start of the year. You can tune in to the live feed on Talking Alternative or catch...
7 Reasons to Review Your Bylaws Now
The bylaws of a nonprofit corporation are the board’s internal rules and instruction manual for how the nonprofit is governed. It may be the nonprofit’s single most important document. Here are 7 reasons why you should review your bylaws for legal and internal compliance: 1. To ensure legal compliance...
2 Questions Nonprofit Board Members Should Consider on Martin Luther King Jr. Day and Beyond
On this Martin Luther King Jr. Day, consider the following two questions: Is social justice a core value of your organization and something you strive for in pursuit of advancing its mission? Is your organization investing its resources consistent with its values in a meaningful way? How to Be a Racial Justice...
Nonprofit Board Meetings – Calendar of Agenda Items
As a supplement to our earlier post, What Issues Should a Nonprofit Board Consider Annually, we have created a calendar of priority agenda items for the board of directors of a hypothetical nonprofit organization, The Futureland Foundation. Generally, priority items should be discussed early in the agenda to best...