April 23, 2019 Substantive Law

What Should a Nonprofit Board Member Know about Form 990?

By Brandon Dickerson

Reprinted with permission from Business Law Today, April 2019. ©2019 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Business lawyers bring a valuable breadth of knowledge and experience to nonprofit boards, but as any business lawyer knows, a director of a nonprofit corporation owes a fiduciary duty of care to the corporation. This duty generally requires the nonprofit director to act with the care an ordinarily prudent person would in a like position under similar circumstances. At a minimum, the duty of care requires a nonprofit director to keep apprised of and understand financial and executive reports, strategic initiatives, budgets and fundraising developments, and other operational matters that materially impact the organization.

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