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From online donations to individually-tailored policies and procedures there’s a lot for nonprofit professionals to stay on top of. One of the ways I like to serve my mission of promoting and maximizing charitable giving in Iowa is to help nonprofits leaders in the state understand the ever-changing regulatory landscape to be the most successful they can.

In December 2019 the Internal Revenue Service (IRS) announced that tax-exempt organizations are now required to electronically file certain documents. This comes after the passage of the Taxpayer First Act in July 2019, which affected tax-exempt organizations in tax years beginning after July 1, 2019. This is a change from the previous option where organizations had the option to mail in paper forms. Organizations that have previously filed paper forms should receive a notice from the IRS telling them of the change.

The following IRS forms should now be filed electronically:

Form 990, Return of Organization Exempt from Income Tax
• Form 990-PF, Return of Private Foundation (or Section 4947(a)(1) Trust Treated as Private Foundation)
• Form 8872, Political Organization Report of Contributions and Expenditures
• Form 1065, U.S. Return of Partnership Income (if filed by a Section 501(d) apostolic organization)

I’ve written about Form 990 in-depth before. While nonprofits don’t generally file annual tax returns (hence the tax-exempt status) most nonprofits need to file an important annual information return (a version of Form 990). If you want to learn more, I recommend giving these posts a read:

Interested in other aspects of successful nonprofit operations and great governance? Confused about any other regulatory changes? Don’t hesitate to contact me for a consult at gordon@gordonfischerlawfirm.com and 515-371-6077.

operating reserves

Just like it’s a smart idea to have a personal “rainy day” fund just in case of an emergency home repair, surgery, or other unexpected large costs, the same goes for a nonprofit organization. Even nonprofits with solid income streams can be hit with unanticipated events, income, and unbudgeted expenses. In these situations, it’s vital to have that financial cushion in the form of operating reserves so the organization doesn’t suffer long-term, negative consequences from temporary dilemmas. Concurrently, it’s essential to have the board adopt and adhere to a policy outlining the details of the reserve.

A common scenario where operating reserves may be prompted can be when a source of a reliable income is withdrawn or reduced without expectation.

Important Elements of an Operating Reserve Policy

Every organization’s policy is going to look different, but there are a few general areas that should be addressed.

  • Purpose– Why is it important for the organization to build and maintain reserves?
  • Definitions- How are the types of reserves, calculation of targeted amounts, and intended use defined?
  • How the reserve is funded– An operating reserve is only as valuable as its reliability. The policy should set out a practical plan for replenishment to the targeted amounts. Often, a worthy reserve goal is about three to six months of expenses. At the very least, on the low end, reserves should cover one full round of payroll.
  • When the reserve can be used– The plan should layout when the reserves can be tapped when unexpected shortfalls hit. The reserves should not be used to address foundational finance issues. In a “last straw” scenario, operating reserves can be used to close down the organization.
  • Classify the operating reserve as unrestricted– Unlike restricted funds that are marked for specific programs and projects, the operating reserve should be set as unrestricted so that the board and management can employ as they choose when the crisis calls for it.

That’s Not All

Because each nonprofit is unique, each nonprofit is going to need policies and procedures tailored to their specific operations. That said, generally, there are at least 10 policies most nonprofits need to be prepared to address on the annual information filing, Form 990. Check out my free guide to nonprofit policies and procedures.

Additionally, keep in mind that an operating reserves policy should be written to correspond with any other financial-specific policies, like an investment policy.

Want to discuss your nonprofit’s policy needs? Don’t hesitate to contact me at 515-371-6077 or gordon@gordonfischerlawfirm.com. I’m based in Cedar Rapids, Iowa but will travel to meet with nonprofit pros all across the state.

reading gift acceptance policy article

I love the opportunity to write for the Iowa State Bar Association‘s monthly publication, The Iowa Lawyer. I enjoy even more that you don’t have to be an attorney, judge, or even work in the legal field to read it! I recommend all nonprofit professionals, as well as professional advisors that advise nonprofits, to give my latest piece a read. Entitled “Minding the GAP: Why Every Nonprofit Needs a Gift Acceptance Policy,” the article (on page 24) overviews:

  • what this important policy entails
  • why it’s essential
  • what provisions should be included
  • different types of charitable gifts to consider when drafting the policy

minding the GAP - why every nonprofit needs a gift acceptance policy

That all said, a gift acceptance policy is just one of many policies that each nonprofit should have drafted to fit their unique mission and operations. Other documents to review, adopt, and employ include:

I’m happy to discuss any elements regarding how a gift acceptance policy can help your organization; don’t hesitate to contact me by phone (515-371-6077) or email (gordon@gordonfischerlawfirm.com).

man holding glasses talking about employment policies

Employment policies are vital to the well-being of your nonprofit. Such policies set workplace expectations, define work guidelines, reduce or eliminate confusion and misunderstanding, and provide steps for any necessary disciplinary action. Because every nonprofit organization is unique, your organization may well need a particular set of specific policies. However, the following are the general ones that benefit most all nonprofits.

Benefits of Employment Policies

An official set of employment policies provides many benefits for your nonprofit. For nonprofit employers, policies capture the values you wish to instill in your workforce, outline the standards of behavior you expect, and provide a clear guide for rights and responsibilities.

Instituting strong, fair, and unambiguous policies not only contributes to a happier workforce it can also improve employee retention. Further, employment law is vast, complicated, and can be tricky to navigate. Well-drafted employment policies can also help you avoid legal issues and costly mistakes.

Employee Handbook

Employee handbooks are not required by law, but having one is in the best interest of your nonprofit and those who work for you— even if you have just one employee! A good employee handbook effectively communicates the nonprofit’s policies and procedures and makes clear the rights and responsibilities of employees in your organization. Many disputes can be avoided by a clear, easy-to-read, and straightforward employee handbook.

Employment Agreement

Not to be confused with the handbook, an employment agreement sets the conditions, terms, and obligations between you as the employer and an employee. Employment agreements often include details regarding salary, benefits, paid time off, work schedule, mandatory mediation/arbitration, and defining the at-will employment relationship. Employment agreements need to be individualized to suit each employment relationship. It is considered a binding contract that should be administered in writing and signed by both employer and employee.

Formal Performance Review

Formal performance reviews are an assessment of an employee by a supervisor and the employee themselves. It’s a two-way, not a one-way discussion! The review should be based on jointly pre-determined goals and performance objectives. While often overlooked (and sometimes dreaded), performance reviews are of great value to nonprofit employers and their employees.

three people at table talking over computers

You should have in place a standardized form and consistent processes for conducting individual performance reviews of all employees. Evaluating the quality of an individual’s work, ability to meet goals, communication skills, adherence to your nonprofit’s mission, attendance, and dependability, among other criteria, is key to effective workforce management and to building trust with employees. You may also consider whether performance reviews for board members would be advantageous to the organization.

Employee Personnel File

A personnel file is a hard copy folder and/or digital file that contains information related to every new, existing, and former employee. Knowing what needs to be stored (and what should not) in a secure personnel file will help your nonprofit in promotion and termination decisions; provide a means of tracking vacations, training, and achievements; and is necessary to comply with regulations.

A personnel file should only contain items related to his or her job or employment status. These include, but are not limited to:

  • Application and resume
  • Signed acknowledgment page from the employee handbook
  • Pay information including time sheets, W-4s, and withholding forms

Just as important as having the right information in a personnel file, is to avoid placing the wrong documents in a personnel file. Some items that should not be in an employee’s personnel file include:

  • Medical information and accommodation requests
  • Whistleblower complaints
  • Court orders, such as garnishment or restraining orders

Independent Contractor Agreement

Self-employed, freelancer, consultant…people who provide goods or services to your nonprofit, but are not your employees, are considered independent contractors. Independent contractors differ from employees in that they control their financial and work-related relationships and pay their own self-employment, Social Security, and Medicare taxes.

When you hire an independent contractor, you should have a written and signed contract that clearly outlines the scope of work, rate/payment, severability, deliverables, and clearly identifies the person as an independent contractor. Also, you can minimize and avoid legal liability by placing the right provisions in an independent contractor agreement.

three employees talking at cafe table

Updating Employment Policies & Additional Policies You Need

If you already have some (or even all) of the above-listed employment policies in place, when were they last updated? Think about the many ways your organization has changed since they were written, including new employees you hired and existing employees whose roles have evolved.

Changes to state and federal laws may have rendered some elements of your employment policies incomplete or out of compliance. It may be high time to renew your commitment to a productive, happy workplace by revising employment policies.

Also, be aware this memo discusses only employment policies. To work toward optimal IRS compliance, you should adopt the nine key policies and procedures which appear on IRS Form 990. Also, you should consider having documents in place relating to the organization’s ethics, grantors and grantees, endowment management, and legal training for board directors.

To discuss further, please don’t hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077). I’d be happy to speak more to the particulars of employment policies, with you at your convenience.

Have you read GFLF’s latest contribution to the Iowa Bar‘s monthly publication, The Iowa Lawyer? The piece, “IRS Form 990: 10 Policies and Procedures Most Iowa Nonprofits Need” covers:

  • how important the annual information filing (Form 990) is for tax-exempt organizations;
  • top policies and procedures highlighted on the form
  • why investing in sound policies and procedures means investing in success
  • deadlines and failure to file for Form 990

While targeted toward the attorneys who subscribe to the magazine, this article provides excellent information for all nonprofit board members, officers, staff, donors, volunteers, and other stake holders. Give the article a read and then get a jump start on top notch compliance well in advance of next year’s due date for the Form 990!

If your nonprofit hasn’t yet adopted all of policies outlined in the article (or they are in dire need of an update), what are you waiting for? Contact Gordon about the 10 for 990 deal (10 essential policies asked about of Form 990) for just $990. The rate includes a consultation, documents drafted to fit the unique needs of your organization, and one full review round. The benefits are numerous and the compliance risk is frankly too great to NOT have these important policies and procedures in place.

#SelectionSunday

As we basketball fans get ready for #SelectionSunday, is your team on the bubble? Lots of reporting (like here and here and here) features teams that are oh-so-close to being in the NCAA Tournament, but perhaps not quite so.

Which reminds me to ask, how is your nonprofit team doing? In terms of compliance, is your favorite nonprofit safely “in” the compliance zone and ready to play to win, or are you hoping that the team can be just compliant enough to slide in?

Who do YOU cheer for?

person shooting on basketball court

When I say favorite nonprofit, think of it like the team you have slated to go all the way and win the final round! Perhaps your fave nonprofit is arts-oriented, like Revival Theatre Company in Cedar Rapids. Maybe your top pick is a local human services organization, like The Crisis Center in Johnson County. You could cheer the most for an animal welfare organization, like Friends of the Animal Center Foundation in Iowa City. You may be a tried and true support for a nonprofit that works for the benefit of developing countries, like Self-Help International based in Waverly, Iowa.

In any case, the nonprofit topping your list will likely need to submit an annual filing with the IRS to be “in” the compliance zone. The majority of nonprofit organizations must file some version of IRS Form 990, which asks about a number of policies and procedures.

Go for the win!

Just like the game of basketball is played within an established set of rules, tax-exempt organizations must also “play” within specific guidelines. Doing so means having specific policies and procedures in place to be compliant and in order to meet the IRS’ expectations. When a nonprofit invests in comprehensive internal and external policies and procedures it’s like investing in the right training and resources to maximize the sport team’s strengths.

To continue the analogy, consider me the coach for these policies and procedures and I want to help all Iowa nonprofits teams play their best. This is why I’m offering the 10 for 990 nonprofit policy special now through March 15. Leave the legal drafting to someone else while you continue to maximize your mission. Note that the $990 rate for the 10 important policies asked about on Form 990 also includes a comprehensive consultation and one full review round.

Help your team!

If you’re a nonprofit founder, executive, board member, or even an active volunteer, this is an excellent way to ensure the organization you’re deeply invested in is meeting (and exceeding!) the standard for tax-exempt organizations.

The 10 policies a part of this promotion will save your tax-exempt organization time, resources, and you can feel good about having a set of high quality policies to guide internal operations, present to the public (if appropriate), and fulfill Form 990 requirements.

Don’t wait for a last second shot!

As the game changes your team needs to adapt. If you already have some (or all) of the policies your team needs in place, seriously consider the last time they were updated. How has the organization changed since they were written? Have changes to state and federal laws impacted these policies at all? It may be high time for a new set of policies that fits your organization.

After you’re done filling out your March Madness bracket, commit to helping your own nonprofit team be a champion. Contact GFLF before the policy promotion is up (March 15) via email (Gordon@gordonfischerlawfirm.com) or by phone (515-371-6077) to get started.

shaking hands across table

In the age of the Internet there’s a free template, instructional, and how-to video for just about everything under the sun. And, for many things, from great recipes, to exercise guides, to Ikea furniture blueprints (why is there always one extra piece left over?!), this is fantastic. Sometimes it’s even hard to remember what life was like before we had access to information on just about everything at our fingertips.

There are still some things that, despite being free and appearing easy to do, are better done by a trained professional. For instance, let’s say I wanted to redo my bathroom, but have extremely limited working knowledge of how to reconfigure the plumbing to make sure it’s functional within the new design of the room. I could certainly click through step-by-step instructions on Reddit or watch a smattering of YouTube videos, but I’m still not an expert. If I tried to DIY the plumbing in my new bathroom, it would certainly take me much longer than an expert and without a doubt the finished product would be of a lesser quality. There’s also a good chance I would invest all this time and energy in the project, and still mess up, and end up having to hire a professional contractor to fix my mistakes.

Some things are just better left to the professionals. In regard to your nonprofit’s policies and procedures, this is where an experienced attorney comes in.

As a nonprofit leader, you’ve specialized in a multitude of different aspects while working toward achieving your organization’s mission. But, when it comes the super important policies and procedures, you need to have in place for top of the line legal compliance, it’s best to outsource to a legal expert. You could try the DIY way by finding free templates online and trying to muddle through the process. But, if legal issues arise and your policies are called into question you’re then going to have to call in the specialized professional to help keep the bathroom from flooding (metaphorical reference to my hypothetical plumbing mishap). If written poorly, policies could provide little to no guidance because they were too vague, not applicable to your organization, or contrasting with federal/state/local laws. An attorney can help you put all the pieces of the compliance puzzle together into an image that’s valuable.

puzzle pieces

Avoid the time, energy, and monetary costs of DIY, and opt for quality policies and procedures that are written specifically for your nonprofit by an experienced attorney in nonprofit law. Need a little more information to convince the board, the boss, or yourself? Here are three practical reasons why you should work with a professional to draft your tax-exempt organization’s policies and procedures:

Save Time

Time is a common thread amongst the majority of nonprofits I’m lucky enough to work with. There’s never enough time. When it comes to initiatives like writing a full set of beneficial policies and procedures unique to your organization, it costs time! And that is time away from all the other change-making that could be happening. Without a doubt, most nonprofits are also short on administrative help. When you hire an attorney well-versed in nonprofit law it’s a double win when it comes to time—your time isn’t wasted or misused and you get to reap the benefits of a subject matter expert’s time.

https://www.gordonfischerlawfirm.com/nonprofits-form-990-due-date/

Save Money

My 10 for 990 special for nonprofits includes 10 policies asked about of Form 990 for a flat rate of $990. Sure, it’s an investment. But, less than $1,000 is worthwhile in exchange for policies that limit potential abuse, protect against vulnerabilities, and prevent activities that go beyond permitted nonprofit activities. Adopting internal and external policies can only help in the case that your tax-exempt organization is ever audited by the IRS.

Receive Dedicated Attention & Advice

Just like I tell my estate planning clients, there is no one-size-fits-all when it comes to the important documents that will be the blueprint to your legacy. The same goes for nonprofits.

Each nonprofit is unique and accordingly your internal and external guidelines will want to reflect this. For instance, a non-operating private foundation will likely need a different set of documents than a public charity. With a dedicated nonprofit attorney working on your policies, you get unparalleled and individualized service. This type of dedicated service and attention to detail will further save you from wasting resources on forms and other legal documents that aren’t useful or beneficial to the organization. Ultimately, working with a nonprofit attorney will mean counsel that sets your nonprofit up for success, unhampered by compliance issues.

The benefits of investing in a qualified attorney to craft your important policies are numerous; the right attorney will put your organization’s best interests first, saving you resources in the long run.

Given my experience, mission, and passion for helping Iowa nonprofits, I would love the chance to fill the role of topical expert for your organization. Learn more about the 10 For 990 policy special and don’t hesitate to contact me via email (Gordon@gordonfischerlawfirm.com) or on my cell (515-371-6077).

monthly calendar highlighter

In pretty much any industry—finance, business, health care, marketing, etc.—you can and should always be learning. For me, continuous learning often translates into better advice for my clients, especially on trends and new technologies within my main areas of service. One of my favorite ways to do this is to attend webinars presented by subject matter experts. Recently I attended one such presentation, hosted by NonProfit PRO, entitled “Effectively Managing a Monthly Giving Program That Exceeds the Thousand-Sustainer Mark.”

This subject is super interesting and important for nonprofit leaders, but nonprofit leaders are notoriously busy, so I took notes for you! Read on for the four main takeaways for managing a monthly giving (or monthly sustainer) program. The information presented was directed toward large giving programs, but much of it applies to any giving program, regardless of number of donors or nonprofit size.

Background

Monthly giving (or sustainer) programs can be the lifeblood of nonprofit organizations. These types of programs enlist, encourage, and facilitate regular donors—think automatic monthly or quarterly charitable donations. They are a definite best practice within the fundraising mix as they provide predictable funding and more engaged donors at a high retention rate. These types of programs also produce higher average annual gifts and can be mission critical for net revenue. Needless to say, monthly giving programs are extremely valuable and should be managed accordingly.

Be Dedicated to Donor Care

people laughing on beach

Your monthly donors are valuable and are going to be who help sustain the organization’s operations and key programs. Take care of prospective donors as if they are donors already. What does this mean?

Start at the beginning of “the funnel” and walk through the entire process of what joining your organization looks and feels like. Be honest about your sign-up process and review any barriers to entry. Your nonprofit is likely going to spend more money to bring regular donors into the fold, but the value of an invested sustainer is immense in the long-term. Make it just as easy to sign-up to be a donor, as it is to be a part of something—a movement, an initiative, a solution.

Taking care of your donors means paying attention to intentions. For instance, a donor might accidentally create two accounts, or a donor may make a large gift they intended to be a one-time donation, but registered it as monthly. The organization’s staff need to be available, organized, and equipped to facilitate requests to change whatever was set-up initially. If a donation situation seems strange or you have immediate questions, be proactive and contact the donor. Donors will feel the best about continuous giving if they’re able to donate exactly as they intended.

Taking care of donors means being prepared to be excellent communicators. If you’re running a donor drive or launching a new campaign, expect an increased number of calls, emails, and even social media messages from prospective donors. First of all, make contact information easily accessible. Equip all staffers that may have contact with prospective donors with FAQs, and other information they may need, including flexible phone and email scripts, so that messaging is clear and conducive to the campaign and overall mission.

Taking care of donors means that they need to feel engaged and part of the team from the get-go. This can look different at every organization, but common examples include a progression of on-boarding “welcome emails,” gift acknowledgement/thank you letters, and branded content they can share on social media.

Deliver a Personalized Experience

Collect data from your donors across all platforms and use it to deliver as much of a personalized experience as possible, with targeted messaging via social media and e-newsletters, direct mail, and engaging phone calls. One idea from the presentation was to follow up with donors with an update on the topic that encouraged them to become a donor in the first place. For example, let’s say Jill Donor joined as a monthly donor as a result of a specific campaign featuring the story of a little boy who would directly benefit from increased giving to the nonprofit. It would be smart to target Jill Donor with an update on that same little boy a few months later, and illustrate how her donation made a difference and will continue to do so.

computer on desk with booksThis is, of course, easier said than done, especially for nonprofits that source donors from multiple platforms. To that point, you’ll want all your data systems “speaking” to one another, regardless of which specific systems your organization operates with. If your systems are not centralized or properly organized, it could be detrimental. For example, you wouldn’t want to accidentally send an automated “lapse in giving” letter to an individual who has been one of your regular, steady donors of two years.

This advice goes not just for your information technology systems, but also personnel systems. Staffers involved with donor care should be able to view all available information on a single donor in a single centralized contact file.

Pay Attention to Trends & Analytics

green light

On its front, donor management may not seem like a data-centric field. Yet, data plays an extremely important role in gaining insights into the state of your sustainer programs. Define your key performance indicators (KPIs) and create reports and graphs that make it easy for other organization stakeholders to view trends over time. The webinar experts suggested the following main KPIs:

  1. Attrition: Who is falling off and when? This should provide some information to the bigger question: “Why are sustainer accounts declining at all?” (Hopefully you don’t have to ask this question at all, but if you do, you want to plug in the numbers for  who, when, and why.)
  2. Credit card updates: This KPI refers to credit card updater systems that automatically edit donor credit card information when the card expires or otherwise. It should measure if the credit card update service/system employed is working effectively. How many cards could not be accurately updated?
  3. Chargebacks: How many and for what amount did chargebacks to credit cards occur? Negative trends here could indicate a flawed process that requires updates.
  4. Reactivation: How many donors reactivated after previously cancelling a regular donation?
  5. Deactivation: How many donors canceled from the sustainer program?
  6. Average monthly gift: How much are donor gifts averaging?
  7. Online sign-ups: How many people are registering as repeat donors and where are they coming from—social media, e-newsletter, search engine, directly from the website, direct mail (send recipients to a shortened and tagged URL that will indicate how many people came from each letter campaign.) etc.?
  8. Cost to acquire: What’s the average spend in exchange for donor acquisition?

Ability to track all or some of these will likely depend on the size and capacity of your organization. If your nonprofit is small just focus on a couple main KPIs for donor management. Use your historical KPI data to set goals and expectations for coming periods.

Know When You’re Getting Paid

The webinar speakers used this phrase “know when you’re getting paid,” to discuss the important topic of billing capabilities.

One subject discussed were the differences and advantages of different billing options. If possible, offer your donors a variety of options for billing, so it’s tailored to their intent. But, not every organization will be able to offer a selection, so you choose between the merits of monthly/fixed-day (billing on the same day of each month, regardless of when the donor initially registered) and anniversary (each invoice is the same day of the month the donor registered).

Credit card payments are typically one of the easiest ways for donors to register, but know that the average nonprofit will see 15 to 30 percent of all credit cards payments declined due to failure to renew. That means that either a donor didn’t update their billing info, or a credit card updater system you pay for failed to update automatically. If possible, keep track of what cards are about to expire and then reach out to the donor directly. This is a good time to reconnect with the donor, discuss initiatives, and explain how an increase in giving could further along the mission.

Be sure to offer the ability to accept as many different types of payments as possible. To that point, and to surpass the many complications credit cards can present, the webinar leaders also recommended exploring options for ACH (Automated Clearing House Network) payments. ACH, as you may already know, is a network that facilitates electronic money transfers. ACH payments can be as fast as a wire transfer and the banking info required doesn’t tend to change or expire like credit cards do. However, ACH payments are subject to strict policies, so just be sure to adhere to the rules and regulations if you’re going to offer this option.

Finally, know when you’re going to actually have access to donated funds and at what amounts. This impacts cash flow and budget development and execution.

Don’t Delay Effective Management

Successful fundraising can and should involve sustainer giving programs, as they can be incredibly successful and rewarding for both the organization and donor alike. But, if you don’t implement effective donor-centric tactics as well as data organization and analysis from day one, you are at risk of losing your sustainers before you even start.

https://www.gordonfischerlawfirm.com/nonprofit-policy-special-10-form-990/

In addition to the four main points, I would also like to add that that having sound, quality policies and procedures in place can make all the difference for effective management, let alone legal compliance. I’m offering a deal for 10 important policies asked about on Form 990. Policies like a gift acceptance policy fit in as an important piece of the fundraising puzzle.

Questions? Thoughts? Advice from your own experience with monthly sustainer programs? Comment below or reach out via email or by phone (515-371-6077).

talking at a table

If you’re like me, you love watching team sports be it baseball in the summer, basketball through the winter, or curling and volleyball during the Olympics! For a shot at winning, each of the team members must expertly perform their position. While not as exhilarating to watch, nonprofit boards are similar to team sports; the board of directors (the team) can only be successful if each of the individual members (just like individual athletes) play their positions well. That means individual board members must hold one another accountable for the overall outcomes of the nonprofit organization. In this way, there is shared responsibility of the individual board members for their actions, for the good of the board as a collective entity.

While each nonprofit can vary in structural organization, let’s review what a typical board of directors is collectively responsible for. (Note: directors can be known by other names, such as trustees, regents, directors, or a council.)

Governing with Compliance Top of Mind

cooperative on rock

The board has a responsibility of compliance.

First off, it’s important to remember that the nonprofit board is the ultimate governing authority of the tax-exempt organization. The board is therefore responsible (and can be held legally liable) for what happens within and to the nonprofit. Compliance is the word to keep in mind. A board makes certain the organization is compliant with local, state, and federal laws, as well as its own policies and procedures. Nonprofit policies are invaluable documents that provide structure and guidance in operations and decision-making. They supersede the individual team members’ opinions for the good of the nonprofit as a whole. Without updated and relevant adopted policies, nonprofit boards have a significantly difficult time achieving a solid standard of compliance.

Download my free guide for nonprofit leaders on policies and procedures your organization needs. Then, check out my special deal on nonprofit policies related to Form 990 (annual information return) such as gift acceptance, investment, conflict of interest, and whistleblower policies.

Money on the Mind

Speaking of important policies, nonprofit boards have a responsibility to approve some compensation decisions. Boards are involved with compensation decisions to various extents, from approval of just the top executive’s salary, to all staffers’ compensations—it just depends on organizational structure. However, at the very least, board members should be involved with compensation points asked about on Form 990. (Again, a great reason to snag the 10 for 990 deal!)

Keep a Quorum

The board has the responsibility to maintain a quorum for meetings. Your nonprofit’s bylaws (a foundational document a part of formation) should define a quorum—the minimum number of voting members present—needed to hold a meeting. How do you decide on a quorum? It’s the minimum number of board member who should be reasonably able to attend a meeting. Maintaining a quorum means a majority of voting members are making decisions on behalf of the organization. If a quorum is left to be too flexible, the organization runs the risk of a few members (not the majority) making executive decisions.

Three Ds

The board’s responsibilities can be summed up in the easy to remember “three Ds”: duty of care, duty of loyalty, and duty of obedience. This isn’t just a useful pneumonic device, these are the legal standards (as defined by case law) to which a board’s actions are collectively held.

  • Duty of care: This means that board members are expected to actively participate in making decisions, resolving issues, and participate in planning.
  • Duty of loyalty: Board members must put the interests of the nonprofit ahead of their own personal and professional interests. This means that even merely potential conflicts of interest must be studiously avoided. (Your nonprofit MUST have a conflict of interest policy dispersed, reviewed, and signed by each board member.)
  • Duty of obedience: Compliance with all local, state, and federal regulations and laws applicable to the nonprofit, is an essential responsibility for board members.

Mission Ready

Ultimately the board has the responsibility to keep the organization committed and focused on its stated mission. This is encompassed within the three Ds. In working to uphold the tax-exempt purpose of the nonprofit it’s important all board members recognize their individual responsibilities, and those of the board as a whole, overlap. If the board fails to uphold its duties, in some situations, an individual on the board could be found legally liable (and typically served with fines and/or other restrictions).


Questions about collective responsibilities and how they apply to a nonprofit board you’re involved with? Want to schedule a board training or orientation to brief board members on their legal and financial duties? Need to get those important policies asked about on Form 990 in place? Don’t hesitate to reach out via email or by phone (515-371-6077).