Category Archives: Fiduciary Duties

Best of CharityLawyer Blog 2013

At the end of each year we like to look back at our most popular posts to evaluate what our readers are finding most interesting and useful on the blog.Continue Reading

Reporting Diversions of Nonprofit Assets

The Washington Post has identified over 1,000 nonprofit organizations that have reported a “significant diversion” of assets. Its important to note that there are over 1,616,000 tax-exempt nonprofits in the U.S. today; thus, these filings represent less than 1% of tax-exempt nonprofits. It’s also interesting to note that a quick review of Arizona’s list includes only 21 organizations – most of which reported the diversions in a clear, transparent, and confidence inspiring manner.Continue Reading

Top Ten Tips for Preventing Theft and Embezzlement

It seems like a new story breaks every week about a charity being exploited by an insider. Charities lose an estimate of 7%-13% percent of their annual profits to theft, embezzlement, or fraud, to the tune of approximately 40 billion dollars a year.Continue Reading

Board Confidentiality – What Happens in the Board Room Stays in the Board Room

A cornerstone of corporate law is that a member of a  board of directors owes fiduciary duties to the corporation he or she serves. One of these fiduciary duties is the duty of loyalty. The duty of loyalty requires board members to act in the interest of the corporation and not in the directors’ ownContinue Reading