Requirements for a 501(c)(3) Board of Directors?

[Ian Curtis]

Originally Posted by ebarker

This isn't legal advice. I'm not an attorney.

However this is my perspective.

1st - contract law - go learn about the basics of contract law. There are FIVE elements of a contract. One of them is 'agency'.

agency - the ability to of an 'agent' to contract with another party. For example it is generally not legal for a legal minor (generally someone under the age of consent, 18) to engage in a contract. General exceptions are things like verbal retail contracts, aka buying snacks at the convenience store. Another example - an independant insurance 'agent' is a private ndependently employed person but with the legal agency to bind their insurer into a legal contract with a customer. The word 'agent' isn't something that fell out of the sky but has legal meaning.

Without 'agency' you cannot execute and bind most legal contracts.

I doubt this would preclude a minor from becoming a member of a board of directors. I would strongly advise that 'contracts' be signed by members that have 'agency'.

My team has for the past two years had students serve as 'associate board members' for a local 501(c)3. Contracts are signed by the board chair which is an adult.

I see. I figured legally binding things would need to be signed by an adult. Thanks!

I saw that these requirements varied by the State, but Maine's website was impossible to navigate, and a Google search of maine.gov turned up nothing useful. I suppose I'll have to call or email them.