Whether a foundation is formed as a corporation or a trust, it must comply with its governing documents, which are legally binding. If your foundation is a corporation, its governing documents are its articles of incorporation—referred to by some states as articles of organization or certificate of incorporation—filed with the state’s secretary of state (or... Read More
With all the attention given to the excise tax rules (e.g., sections 4940–4946 of the Internal Revenue Code [IRC]), the directors or trustees of private foundations (i.e., “managers”) may be inclined to overlook their fiduciary duties under state or common law. This complacency can be compounded by the fact that many private foundations are governed... Read More
Documenting and following donor intent is of concern not only to family foundations but to independent foundations, corporate foundations, community foundations, and operating foundations. Some donors have specific criteria they wish the foundation follow for its lifetime, whereas other donors want the foundation to be flexible in responding to future needs. As a result, understanding... Read More
When disasters strike and emergencies occur, board members may want to respond when they learn about suffering or environmental damage. A policy will help your foundation act effectively during an emergency or as you work to minimize the impact of future disasters. Because many aspects of disasters are unpredictable, some of the best disaster policies... Read More
All foundations rely on trustees for leadership, oversight, and planning. Many small foundations also rely on trustees for a considerable amount of the labor needed to run a foundation. To acknowledge the crucial role that trustees play in governance and operations, some foundations compensate for routine board service, such as attending meetings, reviewing proposals, and... Read More
A board retreat can be an excellent way to spend time on an issue too significant or time intensive to be handled properly within a normal meeting agenda. Many foundations hold board retreats on occasion (ranging from every year to every few years) to ensure that the board addresses important topics, such as the foundation’s... Read More