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Key Elements and Legal Lessons Surrounding Donor Intent

Are you aware of the potential issues that can arise with restricted gifts? Find out what red flags you need to keep an eye on.

Many charities do not fully understand their obligations to comply with donor restrictions on gifts and the need to keep proper documentation of such restrictions. Similarly, many donors do not articulate clearly their intentions when making gifts to charities and document that intent. Additionally, when restricted gifts are made and accepted, both parties need to understand the full scope of the restrictions, the long-term impact of the restrictions on operations and reporting, and what happens when unforeseen circumstances arise when no planning was done for such cases. This topic will help provide a framework for charities and donors alike to think through whether a restriction makes sense, to plan for the future when conditions may change, and to understand the implications of both parties not ensuring clear and complete communication about the scope of the restriction from the outset. Additionally, this topic will explain the default rule now in place in nearly every state, the Uniform Prudent Management of Institutional Funds Act (UPMIFA), and how its coverage is broader than just endowments.

Runtime: 89 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Restricted Gifts

  • What Are They and How Do They Arise?
  • Categories of Restrictions

Gift Instruments

  • What Constitutes?
  • Terms and Conditions

What Is Donor Intent?

  • How Is It Defined?
  • Donor's Perspective
  • Charity's Perspective

UPMIFA

Recent Cases and Examples

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on July 27, 2017.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kendis Key Muscheid

Kendis Key Muscheid

Ballard Spahr LLP

  • Partner with Ballard Spahr LLP
  • Focuses practice on the representation of nonprofit, tax-exempt organizations, and donors making charitable gifts, assisting in all aspects of tax, corporate and regulatory matters
  • Clients include a variety of 501(c)(3) and other tax-exempt organizations, such as private foundations, supporting organizations, universities, charter schools and research institutions, hospitals and their related foundations, religious entities, museums, social welfare organizations, trade associations, and groups dedicated to the arts
  • Advises clients on the qualifications for tax exemption, conversions to and from tax-exempt status, obtaining and maintaining favorable tax treatment, reporting and government filings, and the creation and operation of supporting organizations
  • Counsels organizations on nonprofit governance, advocacy issues, unrelated business income tax matters, endowment creation and management, restructuring multi-tier entities, raffles and sweepstakes, and issues involving charitable solicitations, mergers, and acquisitions
  • Also represents clients during IRS audits and appeals processes
  • Named in Best Lawyers in America, Nonprofit/Charities Law and Tax Law (2005-2017), and was voted Best Lawyers, "Lawyer of the Year" Non-Profit/Charities in both 2014 and 2017 in Phoenix, Arizona; has achieved the highest rating in the Martindale-Hubbell Law Directory and was the 2016 recipient of the Arizona Foundation for Women's Marilyn R. Seymann Award for her work in the nonprofit community
  • Frequent speaker on topics in the area of tax-exempt organizations; she volunteers with a number of nonprofits in the community, and is a current Board member of UMOM New Day Centers
  • Can be contacted at 602-798-5410 or [email protected]
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Product ID: 400549
Published 2017
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