This book chapter provides an overview of the fiduciary principles that apply to charities and other nonprofit organizations. More specifically, it discusses the criteria that trigger a fiduciary relationship, the duties of loyalty and care, other legal obligations that may apply to nonprofit fiduciaries, and the extent to which those duties and obligations may be modified or avoided. In the course of doing so, it discusses and critiques the approaches taken to these principles by the draft Restatement of the Law, Charitable Nonprofit Organizations.
Mayer, Lloyd Hitoshi, Fiduciary Principles in Charities and Other Nonprofits (January 30, 2018). Evan J Criddle, Paul B Miller, and Robert H Sitkoff, eds, The Oxford Handbook of Fiduciary Law (Oxford University Press, 2018 forthcoming).