Client Alert: NH Attorney General Issues Guidance to Non-Profits Regarding COVID-19

By: Ovide Lamontagne and Kristin A. Mendoza

Many non-profits in New Hampshire are being challenged by the COVID-19 pandemic in unique and difficult ways, particularly in the area of governance. Often times a voluntary position, directors or trustees of a board serve an essential role in the health and well-being of a non-profit organization.  So how should a non-profit be working with its board while adhering to social distancing guidelines?

Earlier this week, the Charitable Trust Unit of the New Hampshire Attorney General’s office issued important guidance for New Hampshire non-profits, including points concerning:

• The ability of non-profits to use telephonic or electronic meetings, even in cases where existing organizational documents do not specifically authorize such methods of meeting; and
• Allowance for non-profits to submit annual reports with a photocopied or scanned signature of the non-profit’s officers if original signatures cannot be procured

You can read the full guidance memo from the Attorney General’s office below at the link.

The advisory remains in effect for the duration of the current emergency. It concludes with a recommendation that non-profits that currently do not have provisions in their bylaws allowing for telephonic or electronic meetings explore amending their bylaws to accommodate such methods of meeting in the future.

BOTTOM LINE

The COVID-19 crisis is rapidly evolving and so too are the issues facing non-profits in New Hampshire. Our team is monitoring these developments in real time and we’re here to support and assist you as needed. Please do not hesitate to reach out if we can be helpful to you.

CLICK HERE for the CTU Advisory on Emergency Declaration