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The basics Just as for any corporation, the board of directors of a nonprofit has three primary legal duties known as the ?duty of care,? ?duty of loyalty,? and ?duty of obedience.?
They must work to ensure long-term financial stability, monitor the use of funds, and ensure that controls are in place to protect the organization against error or fraud. They should discuss the organization's financial information to ensure financial accountability.
It is the board's responsibility to ensure that the organization has sufficient cash on hand to pay its operating expenses, such as salaries, payroll taxes and out-of-pocket costs, in a timely manner throughout the year.
Specifically, they have to comply with three fiduciary duties: care, obedience and loyalty. If board members understand and embrace these responsibilities, they can fulfill those duties and hold their fellow board members accountable to do the same.
Duty of Care ? Ensuring the nonprofit's assets are used with prudence and care. Duty of Loyalty ? Ensuring the board makes decisions in the nonprofit's best interest. Duty of Obedience ? Ensuring the nonprofit is continually in compliance with its bylaws and all other laws and regulations.
Fiduciary duty requires board members to stay objective, unselfish, responsible, honest, trustworthy, and efficient. Board members, as stewards of public trust, must always act for the good of the organization, rather than for the benefit of themselves.
Although the members of the board are volunteers, there is a certain amount of risk involved in holding one of these positions. Specifically, even when acting in good faith, board members are subject to personal liability, which may affect their personal financial status because of their business decisions.
Local boards govern local school districts. Board actions affect the families of hundreds ? even thousands ? of students and employees. The duties of a board member include working with other board members to craft policies, approve a budget, and hire/supervise the superintendent who serves as CEO.