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RE: Where There's a Will, There's a Way: Creating a Document Directing Deaccessioning Upon a NonProfit's Demise

in #explore19187 years ago

I wonder if board members would see something in this that might spur a reaction that this somehow limits them from exerting their "fiduciary responsibility."

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How so? Do you mean that they would see something like this as an imposition to them acting in the best financial interests of their organization?

Yes. A board might interpret an agreement to not liquidate assets as irresponsible management on their part.

That's a fair point, but given they would be the ones writing it, I think they could work around it. An organization could write up something like this and still provide themselves with avenues for selling collections upon their impending closure; they could write it up without necessarily impeding their fiduciary responsibilities. It would ultimately be up to them in how they write this up, because I'm sure however they write a will like this would vary to varying degrees from the example I provided above.

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