New Mexico Nonprofit - Conduct Policies for Board Members

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US-ENTREP-0021-5
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Under wellestablished principles of nonprofit corporation law, a board member must meet certain standards of conduct and attention in carrying out his or her responsibilities to the organization. Several states, in fact, have statutes adopting some variation of these duties that would be used in court to determine whether a board member acted improperly. These standards are usually described as the duty of care, the duty of loyalty, and the duty of obedience.

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FAQ

Since this often involves managing money and other assets, a nonprofit board of directors' fiduciary duties include establishing a strategic plan, making short- and long-term goals, analyzing cash flow, regulating expenses, and establishing procedures to prevent mistakes and protect against fraud or misappropriations.

Board members should be as open as possible about all the decisions and actions they make. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands it. Honesty.

A breach of fiduciary duty occurs when the fiduciary acts in his or her own self-interest rather than in the best interests of those to whom they owe the duty.

As a nonprofit organization at the forefront of [purpose of organization], XYZ's policy is to uphold the highest legal, ethical, and moral standards. Our donors and volunteers support XYZ because they trust us to be good stewards of their resources, and to uphold rigorous standards of conduct.

The most important fiduciary duty is the duty of loyalty. The concept is simple: the decision makers within the company should act in the interests of the company, and not in their own interests. The easiest way to comply with this duty is not to engage in transactions that involve a conflict of interest.

A code of conduct guides the behavior of your board members, and it serves as a set of principles to guide their decision-making and other activities. Your code of conduct policy ensures that your board members are accountable for the decisions and choices they make.

Directors of not-for-profit organizations have various duties and responsibilities, the most fundamental of which are the fiduciary duty, or the duty of loyalty, and the duty of care.

What Are the Primary Fiduciary Duties? Duty of Care. Duty of Loyalty. Duty of Obedience. Duty of Confidentiality. Duty of Prudence. Duty to Disclose.

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New Mexico Nonprofit - Conduct Policies for Board Members