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Key Private Foundation Laws

Private foundations are subject to several sections within the Internal Revenue Code (IRC). The following list is not comprehensive but addresses eight sections that will guide foundation managers throughout the life of the foundation: Section 4940 imposes an annual excise tax on a private foundation’s net investment income. Foundations will need to pay taxes on... Read More

Legal Essentials for Small Foundations

Managing and running a foundation is fantastic work. However, in addition to the joy of grantmaking comes the critically important task of complying with a myriad of tax and other laws governing grantmaking, investment strategies, and public disclosures, to name just a few. This primer summarizes important laws that are relevant to running a foundation.... Read More

Essentials
Spring 2015: Minding Your Ps and Qs

Our highly rated quarterly publication for members provides a wealth of information and inspiration in one easy read. In this issue: Minding Your Ps and Qs Is Your Board Overlooking These Good Governance Practices? How Self-Dealing Can Creep Into a Foundation’s Work Paying Proper Attention to Your Professional Staff Socially Responsible Investing: From Negative to... Read More

Real Estate Assets

In addition to fairly consistent and often dramatic appreciation in value, real estate can generate substantial cash flow. The yield from real estate often exceeds what one can derive from fixed income securities, such as bonds or Treasury bills (T-Bills). Between 1972 and 2000, Real estate investment trusts (REITS) generated an average yield of 12.45%... Read More

Prudent Investment Practices

The individuals responsible for managing a foundation’s assets want their investments to do well. Beyond these good intentions, however, most states maintain laws with higher standards that legally bind trustees and board members to a series of duties and responsibilities. These standards—called fiduciary duties—are commonly known as the duties of care, loyalty, and obedience, as... Read More

Fiduciary Responsibility

Fiduciaries should avoid the following Investment practices: Not adhering to the investment policy statement—This is one of the most common mistakes cited by investment advisors to foundations. Self-dealing—Foundation insiders cannot direct investment decisions and/or revenues to self, relatives, close friends, or colleagues. Paying a family member to serve as an investment advisor—Doing so makes it... Read More