Fiduciary Principles in Charities and Other Nonprofits
Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., 2018) (reproduced by permission of Oxford University Press), https://global.oup.com/?cc=us
25 Pages Posted: 8 Feb 2018 Last revised: 22 Jun 2022
Date Written: January 30, 2018
Abstract
This book chapter provides an overview of the fiduciary principles that apply to charities and other nonprofit organizations. More specifically, it discusses the criteria that trigger a fiduciary relationship, the duties of loyalty and care, other legal obligations that may apply to nonprofit fiduciaries, and the extent to which those duties and obligations may be modified or avoided. In the course of doing so, it discusses and critiques the approaches taken to these principles by the draft Restatement of the Law, Charitable Nonprofit Organizations.
Keywords: charities, nonprofits, fiduciary duties, duty of loyalty, duty of care, tax law
JEL Classification: K22, K34, K39
Suggested Citation: Suggested Citation