Governance

Are There Any Regulations on Gifts That Are Accepted by Family Members?

Posted on December 11, 2014 by Andrew Schulz

Are there any regulations on gifts that are accepted by family members? Should we not accept restricted gifts, for instance? You have to be careful about closely held business interests because of the restrictions on self- dealing and who you can sell them back to. There are no laws that explicitly prohibit certain gifts. Restrictions, if they’re for a particular… Read More

Can a Family Member Personally Contribute to a Foundation Pledge?

Posted on December 11, 2014 by Andrew Schulz

Absolutely. There are no rules about what family members can do to support the foundation’s work. So, if the foundation has pledged $10 million to Duke University to build a new basketball stadium, and that is clearly a binding pledge on the foundation, a family member may call up the school and says, “I was going to do this out… Read More

May donors accept free tickets received due to a foundation grant?

Posted on December 11, 2014 by Andrew Schulz

This is really on the line between personal benefit and legitimate foundation business. If there isn’t a justification for the foundation to make the grant, you really shouldn’t use it for this purpose. For instance, if you are an education organization and this is the only grant you make to an arts organization, you should consider if it furthers your… Read More

Are Nieces and Nephews Considered Disqualified Persons?

Posted on December 11, 2014 by Andrew Schulz

Are nieces and nephews of board members, foundation founders, considered disqualified or are just the direct blood descendants disqualified? Nieces and nephews of board members are not considered to be disqualified persons; however, in the family foundation context, you also have to go back to who the substantial contributors were. For instance, your niece may be a direct bloodline of… Read More

If a Family Member is an Employee of a Non- Profit Funded by the Foundation, Does it Matter How Long the Person Has Worked There?

Posted on December 11, 2014 by Andrew Schulz

If a family member is an employee of a non-profit funded by the foundation, does it make any difference how long the person has worked there? No, it really doesn’t. The only issue is if it appears on its face that the only reason you’re writing the grant is so your son will get hired by the non-profit. That would have… Read More

Can a Foundation Fund a Non-Profit Where a Family Member is Employed?

Posted on December 11, 2014 by Andrew Schulz

Yes, as long as the grant isn’t earmarked for their compensation. However, consider an example where the total operating budget of the non-profit is $250,000, of which $100,000 is their compensation, and you provide a $200,000 grant. You’re really getting into an indirect self- dealing possibility where, as a matter of fact, you are paying their salary and it’s unavoidable… Read More

Executive director’s annual performance review

Posted on December 8, 2014

Planning & Organizing: Demonstrates an understanding of the Foundation’s mission and priorities; establishes effective courses of action to implement the goals and objectives set forth in the strategic plan. Judgement & Decisiveness: Makes well-timed and sound decisions; meets deadlines; solves problems promptly; sets appropriate priorities for tasks. Initiative: Sets high goals/standards of performance for self and others; originates action rather… Read More

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