Conflicts and Coherence in the Charities Sphere: Would a Conflict By Any Other Name Proscribe the Same?

Abstract

Proscriptions on conflicts of interest have long been a core component of governance regimes. In the charities sphere such proscriptions arise from a number of sources, including general law, statute and governance standards articulated by the regulator. Unfortunately the wording of relevant conflicts duties varies extensively, giving rise to acute incoherence and uncertainty. This article undertakes detailed critical analysis of the myriad of conflicts duties in order to provide certainty and comprehensive guidance. This resolution is relevant beyond the charitable sphere given the multitude of ways in which conflicts proscriptions are expressed in other governance contexts.

Keywords: conflicts of interest, nonprofits, charities, directors' duties, fiduciary duties, material personal interest, directly or indirectly interested, perceived conflict

JEL Classification: K10, K22