A board member of a charitable nonprofit organization may find themselves in an awkward position where the board is voting on a matter in which the board member has a conflict of interest. Perhaps the matter has to do with contracting the board member or their company, paying the board member for some service they […]
self-dealing
California Nonprofit Law: The Self-Dealing Prohibition
Section 5233 of the California Nonprofit Public Benefit Corporation Law defines and prohibits self-dealing transactions. A self-dealing transaction is defined as “a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest and which does not meet the requirements of paragraph (1), (2), or (3) of […]
Private Foundations & Self-Dealing
We recently added a post to the blog about private foundations and the rules that they are subject to. Of the private foundation rules, those regarding self-dealing are some of the most complex and have some of the most serious potential ramifications for a private foundation if violated. In this post, we’ll take a closer […]
Private Foundation Rules
A Section 501(c)(3) exempt organization is presumed to be a private foundation unless it qualifies as a public charity. The distinction between the private foundation and public charity classification may be critical for organizational leaders to understand, as public charity status is generally far more advantageous when there is a choice. Since private foundations are […]
Nonprofit Radio: Halloween Edition
I’m discussing Scary Scenarios for nonprofits with host Tony Martignetti on Nonprofit Radio this Friday, October 31, at 10 am PT / 1 pm ET. We hope you’ll join us as we talk about employee lawsuits, IRS Audits, excess benefit transaction penalties, and more! UPDATE: If you missed us live, you can listen to the taped […]
Board Actions by Written Consent & Interested Director Transactions
Boards of California nonprofit public benefit corporations may take actions by voting at meetings or by the unanimous written consent of all directors. Generally, a unanimous written consent takes the form of a document detailing a board action or actions signed by all the directors then in office. This document may also be signed […]
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