Governance and Fiduciary Issues for Charitable Organizations in the Age of Crisis

Session 1: Governance and Fiduciary Issues for Charitable Organizations in the Age of Crisis - This panel will consider prudent nonprofit decision-making in a period of crisis such as the COVID-19 pandemic. Topics include the decision-making boundaries between and among the board, board committees, and management; the role of formal delegations of authority to manage rapidly changing circumstances; the use of enhanced endowment draws, lines of credit, furloughs, cash-flow analyses, and iterative budgeting to manage shut-downs and other revenue challenges; the establishment and maintenance of morale and good will among staff, board members and other volunteers; and the reassessment of policies and procedures in anticipation of the next crisis. 

Session 2: The Essential Elements of a Fiduciary’s Duties in Managing a Charity’s Investment Portfolio and Advanced Considerations During Economically Challenging Times - Understand the essential elements of the fiduciary duties applicable to the management of a charitable organization’s investment portfolio, including under the Uniform Prudent Management of Institutional Funds Act, and explore advanced considerations arising during economic downturns. Being prepared for an economic downturn involves unique considerations for the fiduciaries responsible for overseeing a charity’s investment portfolio. Delve into common real world scenarios and practical considerations, including borrowing from endowments or otherwise restricted funds and temporarily adjusting appropriations from endowments.

Session 3: Governing in Crisis Mode: General/State Law Fiduciary Issues - An internal crisis such as a finance director embezzling millions or an external crisis such as a global pandemic can create extremely challenging conditions for nonprofit organizations. Directors and officers must maintain fiduciary duty obligations as they govern through the crises. Review applicable fiduciary duties and hear tips for stewarding your organization through the storm.

Session 4: Fundraising, Gift Acceptance, and Donor Relations: Now vs. Before - As a result of the pandemic, nonprofits have been forced to creatively adapt fundraising models and ways to connect to donors. Discuss how the rapid pivot in fundraising has challenged the nonprofit’s ability to respond to constantly-changing COVID-19 restrictions, complex regulatory regimes, donor fatigue and completely novel approaches that push legal and tax boundaries.

Session 5: Bankruptcy and Restructuring - Practical considerations for nonprofits impacted by their own financial distress or the financial distress of key partners (including donors, suppliers, and contract counterparties).

Includes: Video Audio Paper Slides