Non-Profit Organizations: Protecting Well-Meaning Volunteers From Personal Liability

Charlie Morgan, Principal and General Counsel, HessMorganHouse LLC

This foundation pertains to one of the largest, oldest, and most prestigious, international non-profit genealogical organizations in the world, headquartered in the USA (the “Parent Organization”), that has Member organizations (each a “Member Organization”) around the world. The article reviews how it utterly failed to implement a corporate governance program and actually implemented policies that are the antithesis of a corporate governance program, all of which have exposed significant personal liability to the members of its board of directors as well as the officers and volunteers donating their time to the Parent Organization and the Member Organizations.

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USA Charity Consultant April 2020 Vol.13, No. 51, Spring 2020

Charlie Morgan

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Charlie Morgan, JD, Vanderbilt University, 1972; MBA, Pepperdine University, 1978; BA, Wesleyan University, 1969. Admitted to practice in Massachusetts (active), New Jersey (active), and Texas (retired). Attorney at Mass Mutual Life Insurance Company (1972-1976); attorney, registered principal, registered representative, and vice president at The Prudential Insurance Company of America (1976-2005); principal and general counsel HessMorganHouse, LLC (HMH Consulting) (2005-present); general counsel, the Florida Society of Mayflower Descendants (FSMD) (2017); Founder and general counsel of The Hungerford Family Foundation, Inc. (THFFI) (2015-present).

HessMorganHouse LLC

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HMH Consulting consults to Fortune 1000 companies with respect to specialized applications of life insurance. FSMD is a Florida not-for-profit genealogical association where the general counsel is prohibited by senior management from assuring compliance with Florida and other laws unless expressly requested and subject to termination for advising management about noncompliance and the risks appertaining thereto. That problem extends to the parent General Society of Mayflower Descendants (GSMD) as well as all of the other state and country members of the GSMD. THFFI is a Florida not-for-profit genealogical association.

USA Charity Consultant April 2020 Vol.13, No. 51, Spring 2020

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