8.01-220.1:1 - Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exe... - Virginia Statutes

§ 8.01-220.1:1. Civil immunity for officers, partners, members, managers,trustees and directors of certain tax exempt organizations.

A. Directors, partners, members, managers, trustees and officers oforganizations exempt from income taxation under § 501 (c) or § 528 of theInternal Revenue Code who serve without compensation shall be immune fromcivil liability for acts taken in their capacities as officers, partners,members, managers, trustees or directors of such organizations.

B. In any proceeding against a director, partner, member, manager, trustee orofficer of an organization exempt from income taxation under § 501 (c) or §528 of the Internal Revenue Code who receives compensation, the damagesassessed for acts taken in his capacity as an officer, partner, member,manager, trustee or director and arising out of a single transaction,occurrence or course of conduct shall not exceed the amount of compensationreceived by the officer, partner, member, manager, trustee or director duringthe 12 months immediately preceding the act or omission for which liabilitywas imposed. As used herein "compensation" shall mean payment for servicesover and above per diem and expenses.

C. The liability of an officer, partner, member, manager, trustee or directorshall not be limited as provided in this section if the officer, partner,member, manager, trustee or director engaged in willful misconduct or aknowing violation of the criminal law or if liability derives from theoperation of a motor vehicle, or from the violation of a fiduciary obligationimposed during the period of declarant control by § 55-79.74.

(1987, c. 637; 1988, c. 566; 2005, c. 255.)