Oberman Law Firm

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Non-Profit Corporation – Why Documented Governance Policies Matter

Strong internal policies are more than best practices—they are essential tools for legal compliance, ethical accountability, and organizational resilience. In today’s regulatory and donor-driven environment, well-crafted governance policies help nonprofits manage risk, demonstrate transparency, and uphold public trust. 

Whether you’re launching a new nonprofit or reviewing an existing organization’s framework, the following policies are foundational: 

Conflict of Interest Policy 

Nonprofit board members and senior staff must avoid actual or perceived conflicts between personal interests and the organization’s mission. 

A strong policy should: 

  • Define what constitutes a conflict of interest 
  • Require annual disclosure from board members and key personnel 
  • Outline steps for managing and documenting conflicts, including recusal procedures 

Whistleblower Policy 

Whistleblower protections are essential to creating a culture of accountability. A whistleblower policy: 

  • Encourages staff, volunteers, and board members to report misconduct or unethical behavior 
  • Provides clear procedures for confidential reporting 
  • Prohibits retaliation against individuals who raise concerns in good faith 

Document Retention and Destruction Policy 

Every nonprofit should have a systematic process for managing records. A compliant policy should: 

  • Specify retention periods for financial, legal, and governance documents 
  • Provide guidance on electronic vs. paper records 
  • Include procedures for secure destruction of records no longer needed 

Implementing and Reviewing Policies 

Governance policies are only effective if they are: 

  • Approved by the board of directors 
  • Regularly reviewed and updated 
  • Understood and acknowledged by board members and staff 

Conclusion 

Documented governance policies are a key element of nonprofit legal compliance and ethical operation. They protect your organization, guide decision-making, and demonstrate a proactive approach to accountability. 

For assistance in drafting, reviewing, or updating your governance policies, Oberman Law Firm’s Non-profit Practice group is here to help. 

About Us

Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

 

Author(s)

Stuart J. Oberman, Esq.
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