6 Considerations Before Joining a Nonprofit Board | Travelers Insurance (2024)

6 Considerations Before Joining a Nonprofit Board | Travelers Insurance (1)

By Travelers

3 minutes

Resources for Nonprofit Organizations

It may be the last thing you are thinking about when you volunteer on the board of a nonprofit, but are you aware you might be putting your personal assets at risk? The reason for that is nonprofits face many of the same threats as for-profit businesses, including the potential for lawsuits. If the nonprofit is sued and lacks the proper planning andprotection, you could lose your savings, your home and other assets.

Nearly two out of three nonprofits reported a Directors & Officersliability claimwithin the past 10 years.1These lawsuits can be brought by donors, vendors, competitors, employees, government regulators and others, and they are not limited to suing the nonprofit organization. As a member of the board, you could also be sued personally, and be responsible for the cost of hiring your own attorney to defend yourself.

“Serving on a nonprofit board can be a commitment of your time, talent and treasure,” says Thomas Herendeen, Non-Profit D&O Product Manager for Travelers. “You’ll want to take the time to understand the nonprofit’s mission, how it operates and whether you might have any conflicts of interest before you decide to join a board.”

Asking a few questions in advance can help you protect your personal assets, while also helping to ensure that the nonprofit has the strong board governance procedures and the proper coverage in place to protect its mission.

Following are six things to consider before you join a nonprofit board.

1. What’s expected of you as a board member?
Learn what other board members will expect of you, such as:

  • Are there specific governance responsibilities?
  • What is the time commitment and how many meetings does the nonprofit hold?
  • Are you expected to fundraise on behalf of the group?

2. Who else sits on the board of directors?

  • Who chairs the board? Consider meeting with the chairperson before committing to the board.
  • What is his or her leadership style? Is the board committed to effective governance?
  • Attend a board meeting before you commit to joining the board.

3. Does the organization have employees?

  • If so, does the organization have an employee handbook and other written employment policies and procedures?
  • Are managers and employees trained to make sure that they comply with employment laws?
  • Are personnel decisions centralized and made by human resource professionals?

4. Have you reviewed the reporting and corporate governance documents and the bylaws?

  • Review budgets, employee salaries and resource allocations, among other financial documents. What percentage of funds are used for administrative costs compared to fulfilling the organization’s mission?
  • Check to see if complete, up-to-date board meeting notes and other records are maintained. These could help in a future dispute.
  • Do the bylaws provide indemnification to the board members to the fullest extent permitted under the law?
  • Do the bylaws provide for the advancement of defense expenses?

5. Are there pending or past lawsuits or regulatory investigations?

  • Recent auditing issues or internal disagreements could influence your decision to join the board.
  • Check the media and charity evaluation websites for negative ratings or reviews.

6. Does the organization have apolicy?

  • If so, it’s also important to understand the scope of coverage and limits of liability provided to make sure you’re protected.
  • What is the financial rating of the insurance carrier?
  • Does the carrier offer risk management tools to help to the nonprofit organization mitigate risk?

It can be a rewarding experience to serve on a board of a nonprofit organization, but it is important to protect yourself by doing the legwork necessary to make an informed decision about all the potential risks before doing so.

Source

1 Towers and Watson Directors & Officers Liability Survey, 2012.

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FAQs

What is non-profit board insurance? ›

Nonprofit directors and officers liability coverage not only includes coverages for the defense costs, settlements and judgments associated with claims against nonprofit organizations but also helps protect the personal assets of the organization's directors and board members.

Are nonprofit board members personally liable? ›

Understanding Board Responsibilities

They also have a duty to act for the benefit of others in connection with their undertakings for the nonprofit organization. Specifically, Directors can be held personally liable based on three fiduciary duties: the duty of care, the duty of loyalty, and the duty of obedience.

What type of insurance is usually organized as a nonprofit? ›

Many nonprofits start with a Business Owner's Policy (BOP). It includes three essential coverages that can help protect your nonprofit organization, such as: General liability insurance to help cover claims that your nonprofit caused bodily injury or property damage.

What does board insurance cover? ›

D&O insurance reimburses the defense costs incurred by board members, managers, and employees in defending against claims made by shareholders or third parties for alleged wrongdoing. D&O insurance also covers monetary damages, settlements, and awards resulting from such claims.

Why do nonprofits need general liability insurance? ›

A general liability insurance policy protects nonprofits from injury claims, advertising claims, and property damage claims. It will also cover defense costs, including court costs, witness fees, and attorney fees, in addition to judgment or settlement monies.

What are the risks of being a board member? ›

As a board member, you could be held personally liable for the decisions and actions of the board, even in the case of impropriety on the part of other members.

How often are nonprofits sued? ›

Nearly two out of three nonprofits reported a Directors & Officers liability claim within the past 10 years. These lawsuits can be brought by donors, vendors, competitors, employees, government regulators and others, and they are not limited to suing the nonprofit organization.

What are the three duties of a nonprofit board member? ›

Nonprofit board members have the legal responsibility to meet the duty of care, the duty of loyalty, and the duty of obedience.

What is the most important responsibility of a nonprofit board? ›

Determine the Organization's Mission and Purpose

The board's fundamental responsibility is to satisfy itself that everyone connected directly or indirectly with the organization understands its reasons for existing. This usually takes the form of a written mission statement.

Should board members of nonprofit organizations be compensated? ›

“The board, funders, and other stakeholders of a nonprofit should not be paid directly based on revenue. This is in stark contrast to the way for-profit shareholders and investors are paid. ” But this does not mean that compensating board members for some things is illegal.

Do nonprofits need D&O insurance? ›

A nonprofit organization should buy D&O insurance at the bare minimum, and then may add other coverages depending on their size and scope of operation. It's no secret that many nonprofits are forced to operate on scarce resources, and they tend to focus more on their operations than their risk management.

What must a nonprofit health insurance organization do? ›

What must a nonprofit health insurance organization do if at the end of the budget year, they have made a profit? Put the profit back into services for those covered under their insurance.

Which type of policies will participate in the profits of the insurance company? ›

A participating life insurance policy, also referred to as a par policy, allows the policyholder to participate in the profits of the life insurance company.

Should a nonprofit have D&O insurance? ›

Insufficient experience or knowledge could lead to significant complaints or claims against the nonprofit. With the average claim against non-profit directors and officers costing around $35,000 to settle, it is necessary for non-profit organizations of all sizes to secure D&O insurance.

What is free on board insurance? ›

Free on Board (FOB) indicates when the ownership of goods transfers from buyer to seller and who is liable for goods damaged or destroyed during shipping. FOB Origin means the buyer assumes all risk once the seller ships the product.

What is the purpose of a board for a non profit? ›

The individuals who make up your board of directors are responsible for making key decisions that address the organization's mission, strategy, and goals. They aim to address the public's interest through the organization's work and act as the legal voice for the organization.

How do non profit board members make money? ›

There are two main types of compensation in nonprofits. The first is salary, which is some form regular payment that you provide to your employees or board. The second is expense reimbursem*nt, which is when you reimburse your board for the expenses they incur while performing their roles.

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