Hanover, NH asked in Business Law for Vermont

Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

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James L. Arrasmith
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Answered

A: In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be related by blood or marriage. No employee of a public benefit corporation may serve as chair of the board or hold any other title with similar responsibilities."

This means that while it is possible to have some family members on the board, they should not make up the majority. So, if you have a board of 5 members, no more than 2 should be related by blood or marriage.

For a board of 3 members, it would be best to have no more than 1 family member to avoid potential conflicts of interest and to maintain the independence of the board.

It's important to note that even if you meet these requirements, it's generally considered a best practice for nonprofit boards to consist of independent, unrelated individuals to ensure proper governance and avoid potential conflicts of interest. Many grantmakers and donors also prefer to see an independent board.

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