§ 32-03-44 — Immunity of officers, directors, and trustees of nonprofit organizations

Any person who serves as a director, officer, or trustee of a nonprofit organization that is, or
would qualify as a nonprofit organization that is, described in paragraphs 3, 4, 5, 6, 7, 10, and
19 of section 501(c) of the Internal Revenue Code of 1954 as amended [26 U.S.C. 501(c)(3),
(4), (5), (6), (7), (10), and (19)], is immune from civil liability for any act or omission resulting in
damage or injury if at the time of the act or omission all of the following are met:
1. The officer, director, or trustee was acting in good faith and in the scope of that
person's official duties as a director, officer, or trustee of the nonprofit organization.
2. The act or omission did not constitute willful misconduct or gross negligence on the
part of the officer, director, or trustee.
3. The officer, director, or trustee did not receive or expect to receive reimbursement for
or payment of expenses in excess of two thousand dollars per year for expenses
actually incurred as a result of providing services as a director, officer, or trustee of the
nonprofit organization and did not receive or expect to receive compensation or
anything in lieu of compensation as payment for services provided as a director,
officer, or trustee of the nonprofit organization.