Tag: fiduciary

Financial Duties of Non-Profit Boards

Last week’s blog post described some professions to keep in mind when recruiting finance-savvy Board members. This week, we talk about the financial duties of nonprofit Boards to fulfill the stewardship and oversight role known as “Fiduciary Responsibility.” Fiduciary responsibilities are legally defined. Failure to act as a responsible fiduciary has serious consequences.

 

At minimum, nonprofit Boards should focus on these four fiduciary duties to oversee the organization’s finances, and to avoid complications down the road.

 

  1. Establish Financial Policies

Documented policies are essential for establishing a common understanding and framework for overseeing the organization’s financial resources. Board-level financial policies define approval authority levels, investment objectives, risk tolerances, and risk mitigation activities to protect and preserve assets.

 

  1. Monitor Financial Performance

Board members must receive periodic, complete financial statements to oversee financial performance in relation to the budget, financial ratios, and other objectives. Financial oversight responsibilities can be performed by a Finance Committee but results must be reported to the full Board.

 

  1. Ensure Audit or Independent Review is Conducted

The Board must be familiar with financial statement audit and IRS information reporting requirements. If applicable, based on income and asset levels, the Board is responsible for hiring the auditor and receiving the audit results. Nonprofits with income and assets below the audit thresholds should consider an independent financial review.

 

  1. Take Corrective Action on Audit/Review Results

The results of any audit or independent financial review should be received by the Board or Finance Committee. Reported issues or risks should be acted upon. The action plan and progress on taking corrective action should be documented and reported on to the full Board.

 

Nonprofit Boards that address these four fiduciary duties are more likely to make appropriate financial decisions. Fulfilling these duties meets donor expectations to protect and preserve the organization’s assets and to ensure that regulatory and legal requirements are addressed.

What is a Fiduciary?

A certain presidential candidate recently used the term “fiduciary” when referring to his personal income taxes. I was confused. Fiduciary responsibility is not about personal taxes or finances. It’s about the legal obligation to act in the best interest of another party or organization. It’s about keeping a promise to use funds for a specific purpose.

 

Other listeners were probably as confused as I was when hearing “fiduciary” in a personal finance context. Three facts about fiduciary responsibility should clear up that confusion:

 

  1. Obligation to Act on Others’ Behalf

A fiduciary relationship is based on mutual faith and confidence between the individual(s) placing and accepting legal responsibility to serve the best interests of others. That includes the interests of individuals or an organization. The duties of a fiduciary include loyalty and reasonable care of assets in custody.

 

  1. Relationship Extends to All Actions

A fiduciary relationship extends to every possible case in which one party places confidence in the other party and such confidence is accepted. Placing and accepting confidence creates dependence by one party and influence by the other. The fiduciary is trusted by the dependent party to act in its best interest at all times.

 

  1. Scrutiny of Fiduciary Actions

Financial transactions between parties involved in a fiduciary relationship are subject to higher scrutiny. The spotlight on these transactions is due to the fiduciary’s dominant role that provides the capacity to profit or otherwise gain from financial decisions at the expense of the party under her or his influence.

 

It’s no wonder that these three facts will never be included in any political speech. They’re pretty dry stuff. Regardless, understanding these facts is important, whether you are accepting or placing confidence as part of a fiduciary relationship.