Model A Fiscal Sponsors

  • 1.  Model A FSO and Legal Matters

    Posted 10-24-2024 16:56

    We have a small Model A that informed us yesterday that they are pursuing a lawsuit against another entity as part of their environmental justice work. We responded by clarifying that (1) they are not a separate entity from ours and cannot engage in legal matters under our sponsorship, and (2) two days is insufficient time for us to evaluate the situation or identify potential risks to our organization.

    If they decide to proceed with this lawsuit tomorrow, can we terminate their fiscal sponsorship immediately? We have already warned them that we would do so.

    #Legal



  • 2.  RE: Model A FSO and Legal Matters

    Posted 10-24-2024 17:31
    Does your fiscal sponsorship agreement with them address situations like this? Does it state that you can terminate for cause with no notice?


  • 3.  RE: Model A FSO and Legal Matters

    Posted 10-29-2024 14:35
    I agree with Beth’s question. The fact they are taking action that likely needs your board approval seems like valid cause to terminate.


  • 4.  RE: Model A FSO and Legal Matters

    Posted 10-29-2024 14:59
    I’m guessing that your FS agreement does not cover every eventuality that might arise, though hopefully does have some general language that allows you, comfortably, to exercise your variance power. At a minimum, you could freeze their account, ie. not allow them to spend money until this is resolved. Also, if you don’t sign the representation agreement with the attorney, the attorney cannot be engaged. It may be the case that the attorney is not aware this is a Model A sponsored project and might need to be informed of that fact. So much fun!!


  • 5.  RE: Model A FSO and Legal Matters

    Posted 11-13-2024 15:04
    We ended up converting them from a Model A to a Model C. They are allowed to proceed with their intended legal action as an unincorporated association. The legal filings will explicitly name their group rather than us as their sponsor. Just wanted to add this update in case it comes up for anyone else.


  • 6.  RE: Model A FSO and Legal Matters

    Posted 11-19-2024 19:22
    Interesting solution, Amanda. I’m sure you’ve considered this but one of the complications we run into when thinking about an A to a C change is that the assets (mostly, the IP and any tangible items) of the A cannot be transferred to a non-c3 so I’d be curious what their legal entity is and how you’ve navigated this small, yet important detail?