Tennessee Responsibilities of a Board Member

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US-ENTREP-0029-2
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Description

It is important for a company's founders to have an agreement among themselves even before creating an entity. Founders' agreements are the product of conversations that should take place among a company's founders at the early stages of formation rather than later in the life of a company.

The goal of these conversations is to have an open and honest discussion about the attitudes, fears, and aspirations of individuals involved with the startup, so as to minimize the likelihood of debilitating surprises as the company continues to evolve.

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FAQ

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.

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.

Nonprofit board members have the legal responsibility to meet the duty of care, the duty of loyalty, and the duty of obedience. Under well-established principles of nonprofit corporation law, a board member must meet certain standards of conduct and attention in carrying out their responsibilities to the organization.

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.

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.

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.

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Tennessee Responsibilities of a Board Member