risk management legal executive director & ceo liz lucas soroptimist international of the...
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RISK MANAGEMENTLEGAL
EXECUTIVE DIRECTOR & CEO LIZ LUCAS
Soroptimist International of the Americas
July 16-17, 2012
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Relationships
No legal relationshipbetween SIA and SI
SIA
Region Governors
Program Chairs
Fundraising Chairs
Membership Chairs
Public Awareness
Chairs
Clubs
SI
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
RelationshipsRegions have binding relationship with SIAthrough SIA andregion bylaws
Region’s legal status as independent entity is unclear
SIA
Region Governors
Program Chairs Fundraising
ChairsMembershi
p Chairs
Public Awareness
Chairs
Clubs
SI
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
RelationshipsClubs are independent entities with charter to operate under SIA name
Legally, clubs are responsible for their own riskReceive assistance as needed from SIA
SIA
Region Governors
Program Chairs Fundraising
ChairsMembershi
p Chairs
Public Awareness
Chairs
Clubs
SI
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Relationships
U.S. U.S. clubs must file annual federal information form Many U.S. clubs use SIA’s 501c3 group tax status
Non-U.S. Canada, Japan and Philippines have set up
foundation as legal entity Laws of the country take precedent over SIA law
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Relationships
Who reports to Region Governor? Region Board Region Chairs Region Parliamentarian District Directors (when applicable)
As Region Governor You may delegate authority, but never responsibility You shoulder any legal risk, along with your board
Governor’s Round Table
Soroptimist International of the Americas
Legal: Relationship
July 16-17, 2012
What have we learned so far?
1. Clubs are independent have agreed to operate under the SIA name have agreed to follow SIA laws and requirements
2. SIA provides to clubs and regions services/programs systems processes
Governor’s Round Table
Soroptimist International of the Americas
Legal: Relationship
July 16-17, 2012
What have we learned so far?
3. U.S. Regions may be independent or wholly owned by SIA
4. SIA is currently assessing its risk regarding non-U.S. regions Need legal documentation defining legal standing
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Management Liability Insurance
SI insurance policy does not cover SI actions in North America thus liability may fall back to SIA
SIA is taking steps to add SIA as an additional insured
SIA assets at risk because of structure and relationships
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Management Liability Insurance
Insurance Coverage Protects volunteer from most mistakes
Address U.S. Regions separately from Non-U.S. Regions
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Management Liability Insurance
U.S. Regions - Independent
Founder and North Atlantic Regions contact Kaelin Hill at AH&T Insurancekhill@ahtins.com or 703.554.6269
Be sure to: Establish who the named insured is Insist upon an additional insured clause for SIA Clarify your annual premium & deductible per claim Set-up procedure to be sure policy does not lapse
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Management Liability Insurance
U.S. Regions Wholly Owned SIA looking at addressing management liability risk
Non-U.S. Regions Consult similar NGOs If insurance is obtained
add cross liability clause to cover SIA
Governor’s Round Table
Soroptimist International of the Americas
Legal: Management Liability Insurance
July 16-17, 2012
What have we learned so far?
1. Founder and North Atlantic should have Management Liability Insurance Kaelin Hill, AH & T Insurance khill@ahtins.com or
707.554.6269 When you obtain the policy
• Read it• Store with other important papers• Add SIA as a named insured & contact SIA E.D.• Make sure renewal process works
Governor’s Round Table
Soroptimist International of the Americas
Legal: Management Liability Insurance
July 16-17, 2012
What have we learned so far?
2. Non-U.S. Regions If there IS a current management liability policy• Read it• Store with other important papers• Make sure renewal process is effectively working• Add SIA as a named insured • Notify SIA E.D. about policy
Governor’s Round Table
Soroptimist International of the Americas
Legal: Management Liability Insurance
July 16-17, 2012
What have we learned so far?
3. Non-U.S. Regions If NO management liability insurance policy• Ask other similar NGOs what they do• Region board assess need for volunteer
insurance• Take appropriate next steps
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Conflict of Interest Organization’s interests might benefit
• personal interests of board member or • other individual with substantial influence over organization
Of concern when entering contract, transaction or arrangement
Region and club policy should require ANNUALconflict of interest disclosure
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Confidentiality Confidential information
• should never be shared with non-authorized persons or entities
• should be declared as confidential
Region and club policy • should include confidentiality statement
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Confidentiality SIA will provide in Governor’s Section of website
• Confidentiality Statement• Conflict of Interest Disclosure
Best practice to have• policy in place• Completed and signed annually by all volunteers
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Intellectual Property Protections The intellectual property of SIA is copyright and
trademark protected
If used without permission, SIA is required by law to send a cease and desist notice
SIA has the sole right to reproduce the logo for jewelry
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Intellectual Property Protections By law, to protect SIA trademarks
• SIA must request consideration for commercial use of SIA logo Procedure
• must submit licensing request for use and • must pay established licensing fee
Licensing policy allows for infinite use Educate your chairs they must submit a licensing request
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
Intellectual Property Protections
Legal Checklist has been prepared as handout• Need to have translated• Use immediately
Governor’s Round Table
Soroptimist International of the Americas
Legal
July 16-17, 2012
QUESTIONS?
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