Summer Institute for Alumni Relations Pre-Institute Sessions-Gift Agreements and Compliance

Gift Agreements and Compliance - Harrell McCrory 2023 Final

Pdf Summary

This document provides an overview of gift agreements and compliance in fundraising. It emphasizes the importance of documenting donor intent and outlines different types of gift documentation, including letters, solicitations, formal agreements, and estate language. The document also explains what gift agreements are and the benefits they provide, such as increasing donor trust and compliance with donor intent. It warns of the risks of poorly executed agreements, including unspent funds and donor dissatisfaction. <br /><br />The document highlights the elements of healthy gift agreements, such as clear and sufficient revenue sources, broad and flexible terms, and compliance with academic and business policies. It emphasizes the importance of proactive education and communication for shared understanding and compliance. It discusses the difference between preferences and requirements, and provides examples of restrictions that violate laws, such as discrimination based on citizenship, gender, religious beliefs, marital status, or children.<br /><br />The document also discusses the Uniform Prudent Management of Institutional Funds Act (UPMIFA), which allows spending from underwater endowments and provides processes for altering restrictions in gift agreements if they become unlawful or impracticable. It advises fundraisers to keep asking questions, respect perpetuity, and lean on gift acceptance policies.<br /><br />The document ends with a discussion and questions section, encouraging the sharing of experiences with gift agreements. It includes an appendix with technical details, such as party names, funding source information, fund structure, use information, fund administration information, governing laws, UPMIFA language, and relevant laws, policies, and regulations. Contact information for the authors is provided at the end.

Keywords

gift agreements

compliance

donor intent

documentation

UPMIFA

restrictions

fundraising

donor trust

communication

endowments