Creating and operating a successful nonprofit is a challenging task. Directors and board members face and must address a variety of legal issues to ensure that their organization will successfully carry out its purpose and minimize potential liabilities. Often participants are so focused on the mission at hand – getting the job done – that they tend to overlook issues and circumstances that could present significant legal risks until it's too late.
Board members and directors have three basic duties: a duty of care, a duty of loyalty, and a duty of obedience. How they interpret and respond to each of these responsibilities will often go a long way to determining whether a nonprofit is able to focus on fulfilling its mission or whether it becomes bogged down by legal concerns.
Please join John Bradley, attorney at law, as he offers guidance for recognizing and dealing with the many legal issues that a nonprofit, its directors and board members will face over the life of an organization, from its formation through its dissolution. Mr. Bradley will offer guidance for understanding the legal requirements directors and board members must be aware of so that they will be better prepared to deal with these issues before they become problems and legal distractions.
WHAT YOU'LL LEARN
Just a sampling of the many practical tips you'll take away:
- Gain a practical understanding of director and board member responsibilities relating to duty of care, duty of loyalty, and duty of obedience.
- Discuss legal issues pertaining to the formation and organization of your nonprofit.
- Review preparation and drafting of the by-laws and other formation documents – including modifying by-laws once you're up and running.
- Discuss issues arising out of the selection of your director and board members including potential conflicts of interest and how to address potential conflicts of interest – including a conflict of interest policy and understanding prohibitions on private inurement.
- Know what constitutes good governance standards and the importance of a governance review.
- Learn how to protect your director and board members from personal liability both with well-written policies as well as indemnifications and director's and officer's liability insurance.
- Review director and board member involvement relating to managing your employees and volunteers and potential legal risks.
- Hear possible director and board member legal issues that arise out of fundraising.
- Understand how to maintain compliance with state and federal laws and regulations.
- Review steps relating to dissolution and winding down of your nonprofit if that becomes necessary.
YOUR CONFERENCE LEADER
Your conference leader for "Nonprofit Directors and Board Members: Guide to Understanding Legal Responsibilities and Possible Liabilities" is John Bradley. John is an attorney in the West Columbia, South Carolina office of Moore Taylor Law Firm. His 25 plus years of practice has involved numerous areas of law including Appellate Practice in State and Federal Courts, Construction Law, Commercial Liability, and Products Liability. His present practice primarily focuses on representing physicians, hospitals and medical care providers in the defense of professional negligence claims as well as representing and advising educators in employment matters before their local school boards and the State Department of Education.
John has long been active in nonprofits at the Local and State level. He is a former President and current board member of the Friends of the Richland Library Friends and Foundation, which provides financial and volunteer support to the Richland Library, a nationally recognized library system. He presently serves as co-chair of “The Literary Vine,” the group’s signature fundraising gala, put on entirely by a volunteer effort. He is immediate past president r of the Friends of South Carolina Libraries, an organization made up of library friends groups throughout the State of South Carolina. His duties and responsibilities as president included working and consulting with local Friends groups as well as with individuals interested in forming friends groups. In addition to his responsibilities with local nonprofits, John has spoken to nonprofit groups throughout the United States regarding legal topics relating to nonprofits.
An avid runner, John presently serves on the board for the Carolina Marathon Association, an organization that puts on two showcase running events in Columbia, the Governor’s Cup Road Race and the Heart and Sole race. He has served as race director and course manager for several other local road races.
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