Risk Management

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  • Nonprofits must establish that the executive compensation (salary and benefits for senior level personnel) provided at their organization is "reasonable and not excessive." The IRS recommends a three step process referred to as "rebuttable presumption" to substantiate the reasonableness of compensation offered by an organization and provides legal guidelines: 

  • Executive directors sit in a unique position of authority and leadership, directing a staff while also answering to a board of directors. Effective executives learn to see their board as partner rather than boss. They also engage and mobilize their board to do high-priority work that benefits the organization. Join the Center and Third Space Studio for this webinar to explore some of the habits and mindsets that executive directors can use to create a strong sense of shared leadership with the board.

  • Learn about parties able to take legal action against your organization, and about Directors' and Officers' (D&O) liability insurance, in: Who Can Sue a Nonprofit Board? (Nonprofit Risk Management Center)

  • "ts governance™ was designed to help executive directors, board members, and senior staff manage cyber risk within nonprofit organizations. The introduction helps nonprofit leaders understand the risk landscape and their role in managing cyber risk, part one explains how to lead the organization toward an improved cybersecurity posture, and part two introduces The National Institute of Standards and Technology's Cybersecurity Framework1, which is a widely used, free methodology for managing cybersecurity."

     

  • True or false? Neither the nonprofit nor its counsel may reveal the substance of your communications without your express consent. Learn the answer to this and other questions in Four Myths about Attorney-Client Privilege. (Society of Nonprofits, formerly Nonprofit World, 2007)

  • “Red folders” are a simple risk management tool that can go a long way. Call a red folder day for everyone on staff – including the CEO. The assignment is for everyone to use no more than two pages to sum up their key activities. It may include a list sorted by daily, monthly, or quarterly tasks or it may make more sense to organize the list by type of duty. It depends on the role, so let people have some flexibility.

    Red Folders: A Simple Risk Management Tool

  • Articles in a two part series discuss the legal and risk implications of seeking charitable contributions during the giving season. They can also give the reader some idea of how to address the recent trend of institutional funders asking their grantees to describe general and project-specific risk management strategies in their reports or proposals. (Nonprofit Risk Management Center)

  • Who’s responsible for which kinds of oversight? The Board of Directors has overall legal responsibility for the financial health of your nonprofit. Board members need to understand key financial information and policies, and it’s recommended that they look at the following reports at least quarterly: Fiscal year budget (with comparisons to actual expenditures/revenue). Profit and loss statement (including programs).
  • Charitable solicitation compliance is not optional. It is the law. Charitable solicitation is regulated on the state-level and the requirements vary by state. Forty-one states require registration and four additional states require disclosure statements to be included on solicitations. Charitable solicitation can take on many forms of asking for a donation, including fundraising online. In addition to registration, many states require foreign qualification of the nonprofit corporation and appointment of a registered agent.

  • A memorandum by Dianne Chipps Bailey of Robinson Bradshaw to describe the state and federal rules applicable to the solicitation of charitable contributions by Section 501(c)(3) organizations in the State of North Carolina.

    Charitable Solicitation - Licensing, Disclosures and Acknowledgement (North Carolina)

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