Private foundations don’t normally have to worry too much about excess business holdings because they diversify their investments in publicly traded companies where the chance of their owning more than 20% of the stock is remote at best.

When they invest in a small business, however, they should be sure to question their disqualified persons on their personal holdings, because the limit is based on the aggregate holdings of the group. Don’t forget to send the questionnaire to a disqualified substantial contributor who is no longer on the Board. You could easily to be blind-sided by the aggregate holdings if you are not vigilant in making your inquiries.