Can We Accept Complimentary Tickets?

Posted on January 9, 2015 by Andrew Schulz

Complimentary tickets are fine. The real issue here is: are they really complimentary, or is it a quid pro quo? Generally, if there’s a good foundation reason to be there, in particular being recognized, you can go. … Read More

From the Start: Questions for Donors and Family Members

Posted on January 9, 2015 by Charles Hamilton

Donors often seek effective ways to involve other family members from the start. Heirs, meanwhile, look for ways to appropriately honor the legacy of the donor(s). There are many questions and issues likely to be considered by both the donor and future generations. (Source: Living the Legacy: The Values of a Family’s Philanthropy Across Generations, NCFP, 2001) Questions for the… Read More

Can a direct descendant who is on the board bring non-family members on to the board to work for him or her?

Posted on December 11, 2014 by Andrew Schulz

You’d have to check the bylaws and what the procedure is. Who and who can’t serve on the board is a matter of foundation policy. There’s no law that prevents non-family members from being on the board, but you should be very careful to observe the rules and policies set forth in your bylaws or your articles about the election… Read More

May Our Board Pay a Disqualified Person for Services Such as Portfolio Management?

Posted on December 11, 2014 by Andrew Schulz

May our board pay someone for portfolio management if they are an employee of a company owned or led by a board member and direct descendant of the foundation’s father? Yes, even if the individual being employed to do that work is a disqualified person, paying someone reasonable and necessary compensation to manage the assets of the foundation, regardless of… Read More

Is it Self-Dealing to Give a Grant to a Specific Child’s Tuition?

Posted on December 11, 2014 by Andrew Schulz

A trustee wants to give a grant for their child to attend a private school. The trustee then instructs the school, a legal 501(c)(3), to apply to the foundation for a scholarship grant that will be applied to the specific child’s tuition. Is this self- dealing? This is self-dealing. You’re absolutely prohibited from making a payment that would be earmarked… Read More

Can the Foundation Pay Rent to the Family Office?

Posted on December 11, 2014 by Andrew Schulz

The foundation may not pay rent to the family office, because the family office is considered a disqualified person, and that’s not a personal service. However, a foundation and a family office can share office space, provided that the person to whom the foundation is paying rent, i.e., the landlord, is not a disqualified person. So, if it’s a third-party… Read More