If a non profit board member is also employed at a profit company, when the CEO owns both, is that a conflict of interest ?

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The CEO of the non profit company has a board member on the non profit company board that is also employed by that same CEO for their profit company.

Attorney Answers

3
Dwaine Massey ·
Interlocking directorates, even those between a for profit and a non-profit company, do not, without more, give rise to an impermissible conflict. It depends on the whether and to what extent the entities do business and, if so, whether the business relationships are fully disclosed.
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Roger Davie ·
Not automatically. It could cause IRS problems if the nonprofit is really a profit company just disguised as a nonprofit. It also depends on the nature of the business and if the employees work for.both.
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William Fulton BroemerEmployee Benefits LawyerHouston, TX ·
This practice is neither inappropriate nor uncommon. Conflicts on non-profit boards usually arise not from commercial positions, but from the activities of the non-profit (i.e., self-dealing).
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