Recusals: When Should Board Members Excuse Themselves?

Posted on February 18, 2016 by Andras Kosaras, James P. Joseph

If five out of our six board members are on another board of a non-profit, how do we make grants to that non-profit without a majority vote? What are the rules on recusals? This is a little tricky but the members are not required to recuse themselves as long as everyone discloses their relationship with the non-profit. However, if five… Read More

How should a foundation deal with a obvious self-dealing situation if it was set up by our legal counsel?

Posted on February 16, 2016 by Andras Kosaras, James P. Joseph

If a family foundation’s attorney designs an obviously self-dealing relationship on behalf of one of the foundation’s trustees, and with the awareness and participation of all of the other foundation trustees, does the foundation remain free of liability for taxation or penalty, simply because legal counsel designed and approved the relationship? Is there any legal accountability on the part of… Read More

Is it self-dealing to attend a gala representing our foundation?

Posted on February 15, 2016 by Andras Kosaras, James P. Joseph

I have a self- dealing question. Our family foundation is being honored by one of our grantees at their upcoming gala. I have read that attending the gala under such circumstances is considered official foundation business. However, if the foundation purchases tickets for staff and board members to attend the gala, or sponsors a table, does the foundation need to… Read More

Can We Make Grants to a Non- 501(C)(3) Organization?

Posted on September 9, 2015 by Andrew Schulz

The short answer is, absolutely. Foundations are allowed to make grants to non-charities. They have to follow special procedures under Section 4945 that are called expenditure responsibility. The basic rule is that the fund have to be used for charitable purposes, not something else, but you can grant to 501(c)(4)s, 501(c)(6)s, and even for-profits, as long as you follow the… Read More

Can the Foundation Reimburse Expenses for a Family Gathering That Takes Place During a Board Meeting?

Posted on June 5, 2015 by Andras Kosaras

A foundation may only incur expenses for meetings/events that are related to carrying out its exempt purposes (including reasonable and necessary administrative expenses).  If a board member wants to invite all board and family members to a family event, the foundation may only reimburse the board member for the expenses incurred if the event is for the purposes of the… Read More

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

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