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Philanthropy & Public Trust
What Every Grantmaker Should Know &
Frequently Asked Legal Questions

Letter to Colleagues and Friends

As part of our continuing efforts to help foundations maintain and improve the effectiveness of their work, the Minnesota Council on Foundations has prepared this comprehensive resource to help private, corporate and community/public foundations understand their legal requirements and obligations. This publication and its companion piece, Principles for Grantmakers & Practice Options for Philanthropic Organizations, are key publications in MCF's Philanthropy & Public Trust series.

Since its founding in 1969, the Council has offered numerous seminars and publications, drawing on the expertise of member law firms and other interested and informed members. MCF also has fielded frequent legal-related questions from its foundation members every year. This guidebook comprises two specific Council efforts:

n Information around key foundation topics, which are important for every grantmaking organization to know, was developed in seven 2004-2005 issues of MCF Notes newsletter in its previous print format.

n Answers to the most common legal questions that the Council had received over the years were originally presented online in 2003 as "Answers to Frequently Asked Questions on Foundation Law."

The information in this combined publication has been expanded and updated, reflecting changes in law and specific provisions of the Pension Protection Act of 2006. These documents will continue to be updated as legal requirements change. Look for the most up-to-date versions at www.mcf.org/publictrust.

We have many individuals to thank. An MCF task force originally laid out the scope of Legal FAQs project. A majority of the work presented here derives from four of Minnesota's top foundation legal experts: Hazen Graves, Gina Kastel, Mary Probst and Claire Topp. We also laud the singular contribution of former MCF vice president David Biemesderfer in drafting the original "What Every Grantmaker Should Know" series. He is now a consultant working with grantmakers and grantmaker associations around the country.

We would be remiss if we did not call attention to the generous contributions of three member foundations in supporting our Philanthropy & Public Trust work. Northwest Area Foundation, among the Council's charter members, has been the major financial supporter of the public trust work, together with Cargill and Duluth Superior Area Community Foundation. Finally, the Forum of Regional Associations of Grantmakers provided a grant that has allowed us to send these two publications to every grantmaker in the state of Minnesota.

We commend this work to you and wish you well in all your efforts to embrace public trust.


Sincerely,

William R. King
President
Minnesota Council on Foundations


 
PLEASE NOTE:
None of the material in this publication should be construed as offering legal advice. Seeking legal counsel is recommended before acting on any matter described in this publication.
 
Printable Format (PDF)
Color
64 pages, 316K

Black & White
64 pages, 309K 


In This Document
Foreword
  Letter to Colleagues and Friends
  Principles for Grantmakers
 
What Every Grantmaker Should Know
  Board Fiduciary Duties
  Private Foundation
Self-Dealing
  Excess Benefit Transactions
  Board Compensation
  Staff Compensation
  Conflicts of Interest
  Reporting and Disclosure
  Investments
  Grantmaking
  Public Policy Engagement
 
Frequently Asked
Legal Questions
  Lobbying
  Endowment Funds
  Community Foundations
  Private Foundation
Self-Dealing
  Board Fiduciary Duties
  Investments
  Private Foundations vs. Public Charities
  5% Payout Rule
  Grantmaking
  Annual Reporting and Public Disclosure
  Financial Audits
 
More Accountability Tools
Principles for Grantmakers & Practice Options for Philanthropic Organizations
Accountability Self-Assessment Tool for Private Foundations
Accountability Resources


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