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Donation Agreement
I need a donation agreement for a charitable contribution to a local non-profit organization, specifying the donation amount, intended use of funds, and a clause for acknowledgment of the donation in the organization's annual report. The agreement should also include a provision for the return of funds if the specified use is not fulfilled.
What is a Donation Agreement?
A Donation Agreement makes charitable giving official and legally binding in New Zealand. It spells out exactly what's being donated - from cash and property to shares or other assets - and sets clear terms between the donor and recipient organization. Think of it as a roadmap that protects both parties and helps meet tax requirements.
Kiwi charities and non-profits rely on these agreements to manage significant gifts properly, especially those falling under the Charities Act 2005. The document outlines key details like payment timing, any conditions attached to the gift, and how the donation will be used. It's particularly important when donors want tax benefits or when organizations need to show proper handling of charitable funds.
When should you use a Donation Agreement?
Use a Donation Agreement when accepting substantial gifts - especially those over NZ$5,000 or involving property, shares, or complex terms. These agreements become essential for major donations that come with specific conditions, like naming rights for buildings or requirements about how the funds must be spent.
The agreement proves particularly valuable when dealing with corporate donors, establishing recurring gift arrangements, or managing donations that trigger tax implications under New Zealand law. It's crucial for gifts that involve multiple payment stages, donor recognition commitments, or when your organization needs to demonstrate proper governance to the Charities Services.
What are the different types of Donation Agreement?
- Donor Agreement Contract: Standard template for straightforward monetary donations, covering basic terms and payment schedules.
- Conditional Donation Agreement: Used when donations come with specific requirements or restrictions on how funds must be used or recognized.
- Equipment Donation Agreement: Specialized format for gifting physical assets, addressing maintenance, liability, and transfer of ownership details.
Who should typically use a Donation Agreement?
- Charitable Organizations: Registered charities, non-profits, and community groups who receive and manage donations while ensuring compliance with the Charities Act.
- Individual Donors: Private citizens making significant gifts who need clear documentation for tax purposes and to specify their giving intentions.
- Corporate Donors: Businesses making charitable contributions as part of their social responsibility programs or marketing initiatives.
- Legal Advisors: Lawyers who draft and review agreements to protect both parties' interests and ensure tax efficiency.
- Trustees: Board members or trust administrators who oversee donation compliance and proper fund management.
How do you write a Donation Agreement?
- Donor Details: Collect full legal names, contact information, and tax numbers for all parties involved.
- Gift Specifics: Document exact amounts, property descriptions, or asset details being donated.
- Payment Terms: Note timing of transfers, installment schedules, and any specific conditions.
- Purpose Statement: Clearly outline how donations will be used and any restrictions on their application.
- Recognition Details: Specify any donor acknowledgment requirements or naming rights.
- Tax Implications: Confirm donation's eligibility for tax benefits under NZ tax laws.
- Review Process: Use our platform to generate a legally-sound agreement that includes all required elements.
What should be included in a Donation Agreement?
- Identification Details: Full legal names and addresses of donor and recipient organization, including charity registration numbers.
- Gift Description: Precise details of donated assets, including valuation and transfer timing.
- Conditions: Any restrictions or requirements attached to the donation's use.
- Tax Provisions: Statements confirming charitable status and tax deductibility under NZ law.
- Governing Law: Clear statement that NZ law applies and jurisdiction details.
- Execution Block: Proper signature spaces, witness requirements, and dating provisions.
- Warranties: Donor's right to make the gift and recipient's authority to accept it.
What's the difference between a Donation Agreement and an Accountability Agreement?
A Donation Agreement differs significantly from an Accountability Agreement in several key aspects. While both documents involve commitments between parties, their purposes and legal implications are quite distinct.
- Primary Purpose: Donation Agreements formalize charitable gifts and their conditions, while Accountability Agreements establish performance standards and reporting obligations.
- Legal Structure: Donation Agreements transfer ownership of assets one-way with no expectation of return. Accountability Agreements create ongoing mutual obligations between parties.
- Tax Implications: Donation Agreements often include specific provisions for tax benefits under NZ charity law. Accountability Agreements typically don't address tax matters.
- Duration: Donation Agreements usually complete once the gift is transferred, though conditions may persist. Accountability Agreements remain active throughout a defined operational period.
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