Home Legal Chats Nonprofit Can our non profit fund a members travel in exchange for training?

Can our non profit fund a members travel in exchange for training?

Answered
Answered by:

ContractsCounsel verified

Dolan W.
Attorney
5.0 (313)
10 Yrs Experience
Recent CC Client Review:
"Dolan was thorough, responsive, and delivered exactly what he promised. He reviewed five complex documents, returned clean redlines, and followed up with a clear written memo addressing three specific legal questions. The memo was well-reasoned and practical -- not just legal hedging, but actual guidance I could act on. Would hire again."
Customer:
Asked on Mar 12, 2025

Can our nonprofit fund a member’s travel in exchange for training?

We have a non profit organization that provides training opportunities for Fire and explosive investigators.

We recently had a member that asked if our organization would help pay for some industry related out of state travel and he offered to provide training free for our chapter in exchange for us to partially finance his travel.

Our bylaws to do not have anything that addresses this. Most of our board supports the exchange.

Do you see any issue with that?

This is our first time dealing with such a request. I plan on working with our board to establish a scholarship to help address this concern in the future.

What are your thoughts on that?

Lawyer Dolan W.
5.0 (313)
Lawyer:
Answered on Mar 12, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: What is the nature of the training in this case?

Ask Your Own Question >
Customer:
Asked on Mar 12, 2025

The member is attending a committee meeting for the National Fire protection Association (nfpa). He is a member of a Nfpa committee. Nfpa produces various codes and standards impacting the Fire service and Fire and explosive investigators. In return for us to support part of his travel, he will provide free training to our members on various topics such as Fire dynamics, Fire pattern identification etc…

Lawyer Dolan W.
5.0 (313)
Lawyer:
Answered on Mar 12, 2025

Ok go tit. Since your bylaws do not address funding travel expenses for members, you may want to establish guidelines or an amendment before approving this request. Without a formal policy, approving this request on an ad hoc basis could set a precedent for future requests, potentially leading to inconsistency or disputes. This can be voted on at a meeting. For tax compliance, if your organization is a nonprofit, you must ensure that any expenditure aligns with your charitable mission and does not provide an undue benefit to any individual. The exchange of travel funding for free training could be seen as a transaction, which may need to be documented properly to avoid any appearance of private benefit or inurement. This isn't as much of a legal issue as it is a practical one, but even if most of the board supports this exchange, consider whether it might create the perception of favoritism or open the door for similar requests that may not be as beneficial to the organization. You may want to develop an objective process for reviewing and approving these types of requests to ensure fairness and consistency. Also, while the member’s participation in the NFPA committee could enhance knowledge and training for your organization, you should ensure that the direct benefits to your nonprofit (i.e., the free training provided) are documented and outweigh the costs of the travel support. Also, if you decide to proceed, it would be best for the board to formally approve the arrangement in writing, specifying the amount of financial support, the expected training commitment, and any reporting requirements (such as a summary of what was learned at the NFPA meeting). I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.

Ask Your Own Question >
Customer:
Asked on Mar 12, 2025

Yes, thank you very much. Your recommendation aligns with what leadership of similar organizations have suggested when I asked them.

Their mechanism of choice is a ‘scholarship’ in which they spell out the requirements for eligibility, financial contribution, etc.. our only hiccup is that this member needs the financial support before we can likely establish scholarship guidelines. Their typical funding source was unexpectedly cut due to the government budget cuts at the last minute and they’ll need to travel before we can meet to establish our scholarship protocol.

I think these unique circumstances can be noted for any exception??

One more question, if we establish a scholarship, do you recommend a separate account for donations to the scholarship fund? What is best for that?

Lawyer Dolan W.
5.0 (313)
Lawyer:
Answered on Mar 12, 2025

You're welcome, *****! Given the unique circumstances and the immediate need, you could document this as a "one-time exception" while making it clear that future requests will be subject to a formal scholarship policy. The key is transparency for internal and for IRS purposes. You should have the board vote on the exception, document the reasoning, and set clear expectations for what the member will provide in return (such as the free training). As for the scholarship fund, it is generally best practice to establish a separate and designated fund for this within your nonprofit’s existing accounts rather than opening a completely separate bank account. Keeping scholarship funds separate within your main account (via a designated fund) allows you to track income and expenditures specifically for scholarships without the administrative burden of managing a new bank account. Your financial reports should clearly reflect this designation. Also, if you plan to solicit donations specifically for scholarships, having a designated fund provides transparency and reassurance to donors that their contributions will go directly toward supporting training-related travel rather than general operating expenses. Opening a separate bank account can add complications, such as needing a separate EIN or increased administrative work. Instead, a designated fund keeps things streamlined while still providing clarity.

Ask Your Own Question >

Disclaimer : The content and discussions on this platform are for informational purposes only and do not constitute legal advice or create an attorney-client relationship. Participation, including submitting questions or reading responses, does not establish an attorney-client relationship, and communications are not protected by attorney-client privilege. Use of this platform is at your own risk, and neither the operators nor contributors are liable for any outcomes resulting from reliance on the provided information. Users should avoid sharing sensitive personal information, as while efforts are made to redact such details, submissions remain the user’s responsibility. By submitting content, you grant us the right to edit, publish, and display it in accordance with our Terms of Use. Legal information provided may not apply in all jurisdictions, and laws may vary or change over time; consult a licensed attorney for advice specific to your situation.

Dolan W.
Attorney
5.0 (313)
10 Yrs Experience
Ask Your Own Question:
Lawyers are online now

How Expert Legal Chat works:

1
Ask your question
2
Connect With a Lawyer
3
Get Professional Answers
Dolan W. on ContractsCounsel
View Dolan
5.0 (313)
Member Since:
September 8, 2024

Dolan W.

Attorney
Free Consultation
San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

Recent  ContractsCounsel Client  Review:
5.0

"Dolan was thorough, responsive, and delivered exactly what he promised. He reviewed five complex documents, returned clean redlines, and followed up with a clear written memo addressing three specific legal questions. The memo was well-reasoned and practical -- not just legal hedging, but actual guidance I could act on. Would hire again."

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city