Non-Profit Governance in the Wake of the Sarbanes-Oxley Act

April 21, 2006

Professor Richard Schmalbeck raises the question: Is it time for a non-profit Sarbanes-Oxley Act? A number of non-profit organizations-from the United Way to the Hershey School to Adelphi University-have been making news in recent years for management lapses involving executive pay and perks, management of endowment property, and conflicts of interest, among other things. Congress has held hearings on these matters, but has so far refrained from enacting legislation that would significantly enlarge the federal role in nonprofit governance. Traditionally, governance oversight of such organizations has been primarily the responsibility of state attorneys general, with federal oversight focused largely on compliance with Internal Revenue Code rules. Might that change? Should it?

Recorded on April 21, 2006.

Full title: Non-Profit Governance in the Wake of the Sarbanes-Oxley Act.

Appearing: Richard Schmalbeck (Duke University School of Law), Marc Owens (Caplin & Drysdale), speakers.