The Charitable Gift Agreement serves as a critical legal instrument in U.S. philanthropic giving, particularly for significant or complex donations. It is essential when establishing endowments, creating named funds, or making substantial gifts with specific conditions. The agreement details the donor's intentions, the organization's obligations, and ensures compliance with IRS regulations and state charitable laws. It typically includes gift amount, payment schedule, purpose restrictions, recognition terms, and investment guidelines. This document becomes particularly important for tax documentation, organizational accountability, and long-term gift management.
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1. Parties: Identification of donor and recipient charitable organization with full legal names and addresses
2. Background: Context of gift, charitable purpose, and mutual intention of the parties
3. Definitions: Key terms used throughout agreement including Gift, Purpose, Recognition Rights
4. Gift Amount and Payment Terms: Specifics of donation amount, payment schedule, and method of payment
5. Purpose of Gift: Detailed description of how funds will be used and charitable objectives
6. Recognition Rights: Terms of donor acknowledgment and recognition
7. Representations and Warranties: Statements regarding charitable status, authority to enter agreement, and compliance with laws
8. General Terms: Standard contractual provisions including governing law, amendments, and notices
1. Investment Guidelines: Specific investment requirements and policies for endowment gifts
2. Reporting Requirements: Obligations for periodic reporting to donor on use of funds and impact
3. Gift Restrictions: Specific limitations and conditions on the use of gifted funds
4. Modification Provisions: Process and conditions for modifying gift terms or purpose
5. Naming Rights: Specific terms for naming buildings, programs, or funds
1. Schedule A - Payment Schedule: Detailed timeline and terms for installment payments of the gift
2. Schedule B - Recognition Guidelines: Specific details about implementation of donor recognition
3. Schedule C - Investment Policy: Detailed investment guidelines and policies for endowed funds
4. Schedule D - Gift Property Description: Detailed description and documentation of non-cash gifts
5. Schedule E - Recognition Signage Specifications: Design specifications for donor recognition signage or plaques
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