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
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
Trustees have many responsibilities, and it’s important to be vigilant in the areas in which trustees trip up most. Here are five ways to keep your trustees on the right track. Develop a cohesive and compelling purpose Foundations with a clear mission statement can minimize the conflicts that arise when trustees’ personal agendas dominate. Work... 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