Sroe wrote:
No, you can't. It's a volunteer position. You are raising money for the program. It may feel like a second job, but it's not.
This is not true. Board members may be compensated for their actions but not in the way that it was presented in the original post.
I will assume you are out of CA.
However, board members working without compensation in the state of California are given protection by the state for operating on a volunteer basis. For the specific protection you would be giving up, you may consult CA Corporations Code section 5047.5.
If you are not yet incorporated, you may want to look into incorporating in Delaware or Nevada and registering with CA as what’s called a "foreign corporation." These states have the least amount of restrictions on what you can and can not do and is a common practice among many corporations. There is a lot of information on this and a google search will tell you what you need to know.
For legal information about the rules and regulations you must observe when compensating a board of directors and general operations of running a Nonprofit Public Benefit Corporation consult Part 2. of the CA Corporations Code.
www.leginfo.ca.gov has the codes in its entirety…hope this helps.
-Dan Lukehart