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

(2020) 14(1) Journal of Equity, 1-31

U of Melbourne Legal Studies Research Paper No. 899

34 Pages Posted: 14 Aug 2020 Last revised: 17 Aug 2020

Date Written: January 16, 2020

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

Suggested Citation

Langford, Rosemary Teele, Conflicts and Coherence in the Charities Sphere: Would a Conflict By Any Other Name Proscribe the Same? (January 16, 2020). (2020) 14(1) Journal of Equity, 1-31, U of Melbourne Legal Studies Research Paper No. 899, Available at SSRN: https://ssrn.com/abstract=3631715

Rosemary Teele Langford (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
49
Abstract Views
3,235
PlumX Metrics