pen and check boxes | conflict-of-interest policy | Dalby Wendland & Co | Accountants | Business Advisors | Colorado | Grand Junction | Glenwood Springs | MontroseNot-for-profit board officers, directors, trustees and key employees must avoid conflicts of interest because it’s their duty to do so. Any direct or indirect financial interest in a transaction or arrangement that might benefit one of these individuals personally could result in the loss of your organization’s tax-exempt status — and its reputation.

The IRS encourages nonprofit board of directors to adopt and regularly evaluate a written conflict of interest policy that requires directors and staff to act solely in the interests of the charity without regard for personal interests; includes written procedures for determining whether a relationship, financial interest, or business affiliation results in a conflict of interest; and prescribes a course of action in the event a conflict of interest is identified. In addition, organizations that file Form 990 will find that Part VI, Section B, Line 12 asks whether an organization has a written conflict of interest policy, and whether it regularly and consistently monitors and enforces compliance with the policy.

Here’s a quick checklist to gauge whether your nonprofit is doing what it takes to avoid conflicts of interest:

  • Do you have a conflict-of-interest policy in place that specifies what constitutes a conflict and lists exceptions?
  • Do you require board officers, directors, trustees and key employees to annually pledge to disclose interests, relationships and financial holdings that could result in a conflict of interest?
  • Do they understand that they must speak up if issues arise that could pose a possible conflict?
  • Do you provide training in conflicts of interest?
  • Do you have procedures in place that outline the steps you’ll take when a possible conflict of interest arises?
  • Are individuals with possible conflicts asked to present only the facts, and then remove themselves from any discussion of the issue?
  • Do you keep minutes of the meetings where the conflict of interest is discussed, noting those members present and voting, and indicating the final decision reached?
  • Do you put projects out for bid — with identical specifications — to multiple vendors?
  • Do you supply a written contract to each vendor that details the service the company will provide, specific deliverables, cost estimates and a time frame for delivery?

If you answered “no” to any of these questions, contact us. We can help you make sure that you have an adequate conflict-of-interest policy in place and a full set of procedures to support it.

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