{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"The Canadian Charity Law Podcast ","title":"How Director Loans Sink Private Foundations: The Feldman Case","html":"","width":"100%","height":180,"duration":1518,"description":"In this episode, we break down why a private foundation can make its directors a fantastic financial return on a loan and still lose its charitable status entirely. We use a nearly 40-year-old Ontario case, the Feldman Charitable Foundation, where a director's company borrowed almost the entire foundation's assets, paid it back in full with no losses, and the board still got hit with a finding that it breached its fiduciary duty. We unpack why the CRA and the courts do not care about the return on investment and instead scrutinize process: who negotiated the deal, whether the foundation had genuinely independent legal advice, whether directors left the room during the vote, and whether the board's reasoning was actually written down. We also cover what modern audits look for, the steep penalties (including a 105 percent tax and revocation of charitable status) that can follow even a profitable loan, and the single best defense a board has, which is meticulous, contemporaneous documentation, not a valuation obtained after the audit letter arrives.\nB.I.G. Charity Law Group Professional Corporation A dedicated law firm exclusively serving charities and not-for-profits in Toronto, Ontario, and across Canada. Serving:\nCRA Charity Registration \nNonprofit Incorporation\nCorporate Governance & CRA Compliance\nONCA Updates (Ontario nonprofit compliance)\nBylaw Reviews and Policy Development\nReady to build, grow, or protect your organization?Website: https://www.charitylawgroup.ca/\nCharity Lawyer Consultation: https://calendly.com/dov-goldberg/schedule-a-free-consultation?utm_source=podcast\nEmail: ask@charitylawgroup.ca\nPhone: 416-488-5888\nBookkeeping & Tax Services for Ontario Charities: Keeping your charity's finances and tax filings in perfect order is essential for transparency and success. For specialized Charity financial management, we recommend:\nB&H Charity Accounts Corporation A professional bookkeeping firm focused on the unique needs of Canadian charities in...","thumbnail_url":"https://img.transistorcdn.com/Oo5YOpZdNSliVMTG1E6tX7tiiysJrKZ9BVecoer0GPE/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS81ZDdj/MGI4NzgzODZhNWE0/MWNmOTZlZWU1Mjk4/YTNiMy5wbmc.webp","thumbnail_width":300,"thumbnail_height":300}