February 16-March 15, 2011
Last Issue: January 16-February 15, 2011
Camp Not Liable for Assault
By Volunteer on Camper After Season
Court says camp had no duty to protect camper
and volunteer was not acting with apparent authority
Full Article (free)
Church Members Can’t
Oust Trustees from Office
Corporation does not provide for voting members
so members of congregation lack right to change trustees
Who Should Receive Income
For Work of Society?
Court interprets language of trust giving funds
to Bishop for work of St. Vincent dePaul Society
Ready Reference Page No. 116
Sole Member Bylaws Can Protect Founder of Nonprofit
The right to appoint and remove directors and veto any amendments
to governing documents is critical to control of the organization
- Webinar recordings available, new live programs set
- Talk with the Editor, April 27
To the Point
In one of your answers you state: "One of the key questions to ask before agreeing to serve on a nonprofit board is whether the organization has an indemnification policy properly spelled out in the bylaws, and whether it has insurance to back it up."
I have been asked to join a board that carries officer and director liability insurance but nowhere in its bylaws (or elsewhere) is it written that the organization will indeed indemnify this same group. Indemnification without insurance seems superfluous, but how about insurance without the bylaw indemnification clause?
Answer
Lessons from Litigation Full Article
- Bank has no duty to have trust amended
- Abuse claim barred by statute of limitations
Tax Matters Full Article
- For-profit successor denied (c)(3) exemption
- Tax preparer liable for 75% fraud penalty
Employment Law Full Article
- School ordered to bargain effects of restructuring
- Agency liable for willful violation of Equal Pay Act
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What our readers say about Nonprofit Issues
Once again you've tackled a tricky question and explained it so we all can understand the issue.--M.V.
Thank you for your informative and keen advice on nonprofit matters. I believe its a unique and concise place to get answers to this often wispy area called nonprofit. --R.T.
