Difference between revisions of "Sarbanes-Oxley Act of 2002"

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(Sarbanes Oxley General)
(Resources)
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[http://www.irs.gov/pub/irs-tege/governance_training_presentation.pdf IRS.gov: Governance and Tax Exempt Organizations]
 
[http://www.irs.gov/pub/irs-tege/governance_training_presentation.pdf IRS.gov: Governance and Tax Exempt Organizations]
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===Conflict of Interest Policy===
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A policy governing conflicts of interests is perhaps the most important policy a nonprofit board can adopt. To have the most impact, the policy should be in writing and the board (and staff) should review the policy regularly. Often people are unaware that their activities are in conflict with the best interests of the nonprofit so a goal for many organizations is to simply raise awareness and cultivate a “culture of candor.” It is helpful to take time at a board meeting annually to discuss the types of situations that could result in a conflict between the best interests of the nonprofit – and the self-interest of a staff member or board member.
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A conflict of interest policy should (a) require those with a conflict (or who think they may have a conflict) to disclose the conflict/potential conflict, and (b) prohibit interested board members from voting on any matter that gives rise to a conflict between their personal interests and the nonprofit’s interests.  Beyond those two basics, it is helpful for each nonprofit to determine how conflicts at the board and staff level will be managed. Keep in mind that the revised 990 asks not only about whether the nonprofit has a written conflict of interest policy, but also about the process that a nonprofit uses to manage conflicts as well as how the nonprofit determines whether board members have a conflict of interest.<ref>http://www.councilofnonprofits.org/conflict-of-interest</ref>
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====Resources====
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National Council of Nonprofits [http://www.councilofnonprofits.org/conflict-of-interest Conflict of Interest]
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Blue Avocado [http://www.blueavocado.org/node/545 3-Dimensional View of Nonprofit Conflict of Interest]
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====Sample Conflict of Interest Policies====
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Montana Nonprofit Association [http://www.mtnonprofit.org/uploadedFiles/Files/About/Conflict_of_Interest_Policy_and_Statement.pdf Sample Conflict of Interest Policy]
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Nonprofit Risk Management Center [https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CE4QFjAE&url=http%3A%2F%2Fwww.nonprofitrisk.org%2Fadvice%2Fsamples%2FConflictPolicy.doc&ei=woACUsfQAovlyAHxh4DADA&usg=AFQjCNHcxNYjxqP5CAo9eHf3Lftotuzo3Q&sig2=cdeojv_ewWGy8T_-9WMyjQ&bvm=bv.50310824,d.aWc Sample Conflict of Interest Policy and Other Resources] (Word Doc)
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Smartgivers.org [http://www.smartgivers.org/Model_Documents.html Sample Conflict of Interest Policy]
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IRS.gov [http://www.irs.gov/instructions/i1023/ar03.html Sample Conflict of Interest Policy]
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===Document Retention Policy===
 
===Document Retention Policy===
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[http://www.blueavocado.org/content/model-whistleblower-policy-nonprofits BlueAvocado.com: Sample Whistleblower Protection Policy]
 
[http://www.blueavocado.org/content/model-whistleblower-policy-nonprofits BlueAvocado.com: Sample Whistleblower Protection Policy]
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==Notes==
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<references/>
  
 
==Articles==
 
==Articles==
 
[http://www.nonprofitquarterly.org/governancevoice/21563-sarbanes-oxley-ten-years-later.html Sarbanes-Oxley: Ten Years Later | Nonprofit Quarterly | December 30, 2012]
 
[http://www.nonprofitquarterly.org/governancevoice/21563-sarbanes-oxley-ten-years-later.html Sarbanes-Oxley: Ten Years Later | Nonprofit Quarterly | December 30, 2012]

Revision as of 17:31, 7 August 2013

Intro here

Resources

Sarbanes-Oxley General

Independent Sector: Sarbanes-Oxley Act and Implications for Nonprofits

Independent Sector: Sarbanes-Oxley Act and Implications for Nonprofits

Guidestar: Sarbanes-Oxley Act and Implications for Nonprofits

IRS.gov: Governance and Tax Exempt Organizations

Conflict of Interest Policy

A policy governing conflicts of interests is perhaps the most important policy a nonprofit board can adopt. To have the most impact, the policy should be in writing and the board (and staff) should review the policy regularly. Often people are unaware that their activities are in conflict with the best interests of the nonprofit so a goal for many organizations is to simply raise awareness and cultivate a “culture of candor.” It is helpful to take time at a board meeting annually to discuss the types of situations that could result in a conflict between the best interests of the nonprofit – and the self-interest of a staff member or board member.

A conflict of interest policy should (a) require those with a conflict (or who think they may have a conflict) to disclose the conflict/potential conflict, and (b) prohibit interested board members from voting on any matter that gives rise to a conflict between their personal interests and the nonprofit’s interests. Beyond those two basics, it is helpful for each nonprofit to determine how conflicts at the board and staff level will be managed. Keep in mind that the revised 990 asks not only about whether the nonprofit has a written conflict of interest policy, but also about the process that a nonprofit uses to manage conflicts as well as how the nonprofit determines whether board members have a conflict of interest.[1]

Resources

National Council of Nonprofits Conflict of Interest

Blue Avocado 3-Dimensional View of Nonprofit Conflict of Interest

Sample Conflict of Interest Policies

Montana Nonprofit Association Sample Conflict of Interest Policy

Nonprofit Risk Management Center Sample Conflict of Interest Policy and Other Resources (Word Doc)

Smartgivers.org Sample Conflict of Interest Policy

IRS.gov Sample Conflict of Interest Policy


Document Retention Policy

National Council of Nonprofits: Document Retention Policies

BlueAvocado.com: Sample Document Retention Policy

Charities Review Council: Sample Document Retention Policy

Whistleblower Protection Policy

Charities Review Council: Sample Whistleblower Protection Policy

BlueAvocado.com: Sample Whistleblower Protection Policy

Notes

  1. http://www.councilofnonprofits.org/conflict-of-interest

Articles

Sarbanes-Oxley: Ten Years Later | Nonprofit Quarterly | December 30, 2012