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Clodfobble 03-12-2010 09:25 AM

Need Someone who knows Business Law
 
I've been asked to join the Board of Directors of a small nonprofit organization. It's an unpaid position.

Is there any liability in this? Like, if the Executive Director takes a bunch of federal grant money and blows it all on whores, can I be held partially responsible in any way? What if the position becomes paid (even nominally) in the future?

monster 03-12-2010 09:39 AM

Are you being asked to sign anything?

monster 03-12-2010 09:41 AM

Yes, if it becomes paid, you may well have some liability, but there is insurance aimed specifically at non profit boards to cover this.

glatt 03-12-2010 09:46 AM

In theory, anybody can sue anybody else for any reason. Even if it's totally frivolous, there are legal fees involved in defending yourself.

I don't have any specific knowledge about this area of law and am not a lawyer, but I think monster is probably right. Most non-profits probably would carry liability insurance that should cover you in that event. I'd ask them about that.

monster 03-12-2010 10:04 AM

Also find out if the intend you include your details on tax returns etc. It's a very variable and gray area, generally speaking you should be fine, but if in doubt, ask them up front what liability it entails.

Cloud 03-12-2010 10:22 AM

If you are concerned about liability, you need to consult your own lawyer, not us lay yahoos. But I would say, yes, there is the potential for liability, particularly if you are handling money. Most Directors have some immunity from liability, except in cases of deliberate malfeasance, fraud, etc.

Pie 03-12-2010 10:22 AM

Very Important: do they carry NDOI?

That's what protects your ass from lawsuits. We carried pretty substantial insurance for our officers and board members back when we were a non-profit.

monster 03-12-2010 12:22 PM

That's a good link, Pie. You can also use Guidestar to look up their previous tax returns and see what you're getting into financially.

Gravdigr 03-13-2010 04:12 PM

I think I'd have to weigh whether I'm committed to the cause enough to take the chance. Slim as it may be.

Pie 03-13-2010 05:49 PM

Again, grav, that's why there's NDOI.

I, for one, thank Clod for considering working for a nonprofit. If everyone took Gravdigr's point of view, there would be no charitable organizations at all. :rolleyes:

monster 03-13-2010 06:13 PM

I think NDOI should exclude people who aren't "committed to the cause". People who take board positions on non-profits for any reason other than that they truly believe in its mission are generally a PITA, IMO. They are in it for press/resume/kudos reasons, and tend to believe that as they aren't paid they don't need to follow through on what they said they would do, and their decisions and POVs are generally made with their best interests at heart rather than the those of the causes they are "helping".

Oh sorry, was I ranting? please to forgive....

/rant

classicman 03-13-2010 08:57 PM

Quote:

Originally Posted by monster (Post 640687)
their decisions and POVs are generally made with their best interests at heart rather than the those of the causes they are "helping".

sounds a lot like politicians...:rolleyes:

monster 03-13-2010 09:57 PM

yup, amazing how many if those types eventually "regretfully" step down to devote their time to running for a political office......

Gravdigr 03-14-2010 12:15 AM

Quote:

Originally Posted by Pie (Post 640682)
Again, grav, that's why there's NDOI.

I, for one, thank Clod for considering working for a nonprofit. If everyone took Gravdigr's point of view, there would be no charitable organizations at all. :rolleyes:

I didn't say don't do it. I pretty much parroted exactly what it sounds like she's doing: Weighing, as in evaluating, asking questions. What's not to admire in volunteer work? And what did I say that sounded like I thought otherwise?

Read what I say, not what you think I think.:neutral:


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