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March 12, 2025

On this date (March 12) in 1930, Mohandas Gandhi began his 24-day, 240 mile (387 kilometer) “Salt March” to the Indian village of Dandi (then called Navsari) as an act of non-violent civil disobedience to protest the salt tax levied by colonial Britain. Gandhi and his followers walked for 24 days, 10 miles per day. The Salt March helped to galvanize Indian resistance to British rule and introduced the world to Gandhi’s commitment to nonviolence. This all helped to lay the groundwork for India’s independence in 1947.

The Salt March was hard, exhausting, and dangerous.

Your nonprofit needs an Investment Policy. It needs commitment because it too is hard. But surely nothing like the bravery and discipline shown by Gandhi and his followers. So buckle up, read this post, learn about the need for an Investment Policy, and then follow through by contacting me to get started. (My email is gordon@gordonfischerlawfirm.com).

Introduction to an Investment Policy

Does your fave nonprofit have an Investment Policy? Sn Investment Policy is vital for every nonprofit, including yours! It doesn’t take a financial professional to realize that unregulated investing is at best, foolish, and at worst, utterly disastrous.

When we invest in something, we hope that the investment will accrue value over time. In fact, one important way that your organization’s Board of Directors can fulfill its fiduciary responsibility is through investing assets to further the nonprofit’s goals. But investing can be risky. That’s why it’s important that your nonprofit educate and protect itself by establishing an Investment Policy.

What is an Investment Policy?

Investments can be a useful way to grow value and support the mission of a nonprofit organization. But investments don’t always work in an investor’s best interest. In fact, some level of risk is inherent in most investments. An Investment Policy is a set of guidelines or procedures that will help your organization determine and manage how it invests its resources. And, just as importantly, an Investment Policy clarifies why your organization invests its resources the way it does.

An Investment Policy should regulate, at minimum, who is accountable for investment decisions, what kinds of investments are acceptable, and how investments will be tracked.

A comprehensive Investment Policy should accomplish the following:

  • Communicate how your organization’s mission and vision will guide investment choices.
  • Determine who will be responsible for the various pieces of investment management.
  • Communicate clear objectives to all parties involved (Officers, Directors, independent contractors, donors, etc.).
  • Clarify the specific procedures for investment selection.
  • Confirm procedures related to the expenditure of investments; when and why you’re your organization’s investments be utilized or spent?
  • Identify the criteria against which the performance of investments will be measured.
  • Address risk (tolerance, management, and diversification).
  • Identify reporting and disclosure procedures and requirements.
  • Function as a written, objective guide for ongoing oversight of your investments.

Don’t worry, we’ll get into how soon! But first, let’s explore the following question:

Why is an Investment Policy Important?

An Investment Policy protects your organization from poor investment decisions. At that same time, it demonstrates your organization’s adherence to best practices to internal and external parties.

It does this by: 

  • Providing guidelines for managing an organization’s financial resources effectively. 
  • Laying out procedures to evaluate and manage risk. 
  • Ensuring that investment decisions are aligned with the organization’s mission and objectives. 

IRS Form 990

A well-written Investment Policy will come in handy when filing IRS Form 990 (the annual nonprofit filing required by the Internal Revenue Service). Form 990 includes several questions about investments and associated policies. These can be found in Part IV, Part VIII, Part X, and Part XI. Organizations must report details about their investment portfolios including the types of investments, the value of each investment, and any gains or losses. A well-defined Investment Policy should create streamlined and reliable processes for tracking investments. This will provide your organization with more accurate data come filing time and will make the filing process less daunting.

Endowment Funds

An Investment Policy is particularly important for organizations with endowed funds. In other words, funds in which the assets are intended to last in perpetuity and are required to support the organization’s programs and services over the long term. An Investment Policy can protect and preserve these critical resources.

Hopefully we’ve convinced you by this point that an Investment Policy is important. Let’s go deeper.

Who Is Responsible?

Who within your organization should be responsible for making investment decisions? How will decisions be reached? Who will be responsible for investment management and tracking? To answer these questions and avoid confusion, your nonprofit’s Investment Policy should clearly define roles and responsibilities. This will ensure consistency and accountability.

Your Fave Nonprofit’s Board of Directors

Your Board of Directors should be responsible for proper management of investments. It’s typically the Board’s job to provide consistent oversight and ensure that funds are being used prudently and effectively. This will include regular audits. The Board should also regularly review the performance of investment accounts. The Investment Policy itself should be reviewed at least quarterly by the Board and updated as needed.

Many nonprofit Boards choose to hire a professional financial advisor or investment manager to implement investments and offer advice. This person’s role can be accounted for in the Investment Policy.

Your Board may choose to appoint the Executive Director (or a similar employee) to actively monitor your organization’s investments day-to-day, and/or to serve as the primary point of contact for outside professional advisors who are assisting in the management of funds.

An Investment Committee may also be useful in order to further define and manage responsibilities.

We’re about to dive into HOW to make smart investment decisions!

How Should Investment Decisions Be Made?

When your organization makes investment decisions, it may wish to consider the following questions:

  • What is the purpose of our assets?
  • What are the general economic conditions?
  • What are the possible effects of inflation or deflation?
  • What are the tax consequences, if any, of our investment decisions or strategies?
  • What is the role that each investment plays within the overall investment portfolio?
  • What is the expected total return from the income and appreciation of investments?
  • What are the needs of our organization currently and what are our goals?
  • What is an asset’s special relationship or value, if any, to our organization’s purpose(s)?

The specific questions and their answers may vary dramatically based on the size and scope of your organization. But even smaller nonprofits will benefit from creating an investment framework which can grow and develop alongside them.

Goal and Asset Length

How will your Board determine which types of assets to invest in?

It’s especially important for your Board to consider short-, medium-, and long-term goals when investing. Different types of assets require different commitments and hold varying degrees of risk and flexibility.

For example, when your organization decides where and how to invest its money, it will need to consider if it will require quick access to the funds (short-term), if it’s saving up for something in a few years (medium-term), or it it’s investing for the distant future (long-term).

To do this effectively, your Board will need to be well-versed in various types of investments (stocks, bonds, real estate, endowments, etc.). Your Board will need to examine its finances, mission, and goals. It should then utilize that information to determine how best to diversify its funding throughout various types of investments. This is called asset allocation.

As a reminder, if your organization’s Board of Directors does not feel confident in its ability to analyze and distribute investment funds, it can hire a financial expert to consult and assist in this process.

And don’t forget to set goals for how your organization expects and hopes these investments will perform.

By considering these factors and more, your organization can create a streamlined set of processes in its Investment Policy. This will ensure a balanced investment plan that aligns with your organization’s financial objectives.

There’s one more important piece – monitoring and tracking! This will be especially useful when completing your organization’s annual Form 990. Let’s dive in.

How to Track Your Investments (Performance Monitoring, Measurements, and Review)

Are your investments meeting their objectives? It’s important for your nonprofit to regularly review and monitor investment performance. Financial markets and your nonprofit’s circumstances can change over time. This makes it especially important to periodically reassess your organization’s investment strategies. Your organization can then assess progress, adjust as needed, and communicate results to stakeholders.

Regular performance monitoring should involve tracking financial metrics such as return on investment (ROI), portfolio diversification, and risk-adjusted returns. Monitoring processes may also include full audits on a regular schedule. Consider outlining an audit schedule within your Investment Policy. As a reminder, it is your Board’s responsibility to facilitate audits.

Ensure your Investment Policy includes procedures that outline the monitoring, measurement, and review processes that your organization deems necessary to ensure your investments are meeting their objectives. Your Board of Directors is responsible for overseeing these regular reviews.

Conclusion

If your organization is interested in drafting (or revisiting!) its Investment Policy, don’t hesitate to reach out today to the Gordon Fischer Law Firm.

For the month of March, I’m offering a special to Iowa nonprofits. I will draft, revise, and edit, specific to the unique mission of your nonprofit, the ten (10) policies expressly referenced by the IRS on Form 990.

Questions about the ten (10) policies referenced on IRS Form 990?

Again, my email is: gordon@gordonfischerlawfirm.com

Please reach out to me anytime!

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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.

lottery balls

Pull out those lucky golden tickets because the Mega Millions lottery jackpot has reached a record $1.6 billion. (The Powerball isn’t too shabby either, at $620 million). Undoubtedly, we’ve all daydreamed about what we would do with cash like that. Maybe your dream is jet setting, paying off debt (and then some), funding educations for your entire family, building a swank mansion stocked with Teslas…but, let’s bring it back to reality for a moment and talk about two perfectly practical and important things you SHOULD add to that list if you’re suddenly a Mr./Mrs. Money Bags.

sports car in front of mansion

Make an Estate Plan

It’s definitely true that estate planning is not just for the wealthy, but that doesn’t mean it’s NOT for the wealthy too! Estate planning is essential for the effective and successful transfer of wealth for high net worth individuals. A quality estate planner will take all assets (from artwork to real estate to investments) into consideration when deciding what strategies, vehicles, and tools to maximize your goals, tax savings for your estate, and solidify your legacy. (You do not want to join the likes of these celebs who passed away without a will!) With a high net worth, you definitely need to consider different types of trusts in addition to how best to practice charitable giving through testamentary gifts.

If you already have an estate plan, that great! But, with a massive influx of wealth you’ll likely need major updates and revisions.

Found a Private Foundation

Undoubtedly, if you come into massive wealth everyone is going to come out from the woodwork to try and get a piece of it. It’s great to share your winnings with the people and causes you care about, but you definitely don’t want fraudsters, scammers, or thieves looking to swoop in a take a piece of the pie. One of the best ways to protect your cash is by founding a private foundation. After you win, donate the money to your newly founded [Insert Your Name Here] Family Foundation of which you can serve as the executive director.

This is a smart move on multiple advisable fronts. For starters, because a private foundation is a charitable organization, you minimize your personal tax liability greatly. Furthermore, and more importantly, you get to use your endowed Foundation to support your charitable passion projects, help your community, and solidify a reputation for being an influential philanthropist. (Inspirational speaker circuit anyone?)

The private foundation, with its sound investment policies, is also a good way to have the principle grow significantly over time.

With a private foundation, you can serve as the executive direction and then hire family members and friends to essential administrative roles. Wondering how you actually “see” any of that money you transferred to your foundation? Salaries for such positions can be established based on private foundations of a similar size and wealth, so you can expect at least “enough” for an affluent life.

When founding a private foundation, enlisting an experienced nonprofit attorney is a must. Have your attorney advise on the IRS regulations you need to adhere to like filing the appropriate documents, refrain from political donations, and adopt important good governance policies and procedures. Additionally, you’ll want to avoid self-dealing like the plague! That means you can’t use foundation funds for your personal benefit, even if you founded it, because the foundation is completely separate different legal entity with a governing board of trustees who owe the foundation a fiduciary duty.

Person with fan of cash

There is much more to be said on the minutia of forming a compliant, successful private foundation, but we’ll save that for a future post! In the meantime, if you have questions, don’t hesitate to contact me!

You don’t need to be a lottery winner to establish a charitable organization (private or public)! With a mission, vision, and the tenacious drive to make an impact, you can form your own organization at any time if you follow the proper process. I’d love to help make your estate planning goals and charitable organization dreams happen at any asset level. Schedule your free consult or drop me a line via email or phone (515-371-6077).