In 2002, the Texas attorney general sued the board of directors and officers of the Carl B. and Florence E. King Foundation—a foundation with assets of $30–$50 million—for breaches of fiduciary duty. After the court appointed a new board, the King Foundation joined in the suit. In June 2004, a Texas jury awarded more than... Read More
Although attending fundraisers and similar events may not seem like a benefit to you, the Internal Revenue Service (IRS) may see it differently: as self-dealing, an act in which a trustee, staff member, or other “disqualified person” receives direct, personal benefit. To avoid falling afoul of laws to prevent self-dealing, many private foundation boards establish... Read More
Private foundations are subject to a range of legal regulations. The following list is not comprehensive but provides a sense of the scope of laws that apply to private foundations. Laws that apply to private foundations and public charities General legal requirements Fiduciary duties Conflicts of Interest Private inurement and public benefit Records and disclosures... Read More
People say that one can be overtaken by vast waves of love and despair in Africa. “This is poverty,” warns Unitus Vice President Kate Cochran. “More palpable, deeper, and somehow more stark than anyplace else on the planet.” It took me decades to get to Africa. My early years were preoccupied with the privileges that... Read More
“Too often as funders, we force our grantees to embark on new projects because that’s what we’re willing to fund,” says Exponent Philanthropy member Judy Peckham of the Conrad and Virginia Klee Foundation in Binghamton, NY. “Yet, organizations with good core programs often desperately need funds for administrative costs to keep those programs strong. If... Read More
When should a foundation rescind a grant? How is the rescission accomplished? The obvious answer to the first question is that a funder should rescind a grant when the grantee fails to use the grant funds for the purposes for which the grant was made. Most commonly, such failure is because the grantee’s need for... Read More