Fiscal sponsors must respect laws related to protecting assets restricted to furthering the charitable purposes of specific projects . If funds intended for a particular internal (Model A) project are diverted and used for other purposes (e.g., the fiscal sponsor’s general operating expenses), there may be legal repercussions. This was very recently exemplified in a […]
charitable trust
California Attorney General Sues Monterey County AIDS Project and Its Board
On May 24, 2010, the California Attorney General filed a complaint against the Monterey County AIDS Project (MCAP) and several of its officers, directors, and key employees for, among other things, diversion and improper distribution of charitable assets, breach of fiduciary duty for failure to use assets for a restricted purpose, breach of fiduciary duty […]
L3C and Charitable Trust
Here is a question I posed to some colleagues recently regarding the low-profit limited liability company (L3C) and charitable trust laws: Is it clear whether or not an L3C that receives a PRI is holding property for charitable purposes subject to charitable trust restrictions and Attorney General jurisdiction? While the L3C is not subject to […]
Charitable Trust Doctrine
The charitable trust doctrine requires that a gift accepted by a charitable organization must only be used for the expressly declared charitable purposes of the donee corporation at the time of the acceptance, even if the corporation changes its purpose, transfers those assets or dissolves. Such restriction is imposed notwithstanding the fact that the donor […]