General Planned Gift Policies
Board of Directors Resolution
1. LArche Nehalem will involve itself only in recognized legal and approved forms of planned gifts which are authorized by the Internal Revenue Code and that are controlled by subsequent IRS regulations. Further, LArche Nehalem will not engage in doubtful arrangements which could jeopardize the donor's tax advantage or exempt status and financial stability of LArche Nehalem.
2. The Planned Giving effort will follow these guidelines with the understanding that the Planned Giving/ Endowment Fund Committee may recommend variations to the Gift Acceptance Committee (GAC) if donor and LArche Nehalems interests would be better served.
3. In all gift arrangements, the interest and wishes of the donor come before that of LArche Nehalem. Representatives of LArche Nehalem will always urge donors to seek professional financial and legal counsel for their planned gifts. Likewise, all agreements that involve an on-going responsibility on the part of LArche Nehalem will be reviewed and approved by its own legal counsel.
4. As a faith-based social service charity, L Arche will reserve the right to refuse gifts from sources inconsistent with our purpose and mission.
5. LArche Nehalem will not engage in any form of commissioned fundraising or the payment of finder's fees for planned gifts.
6. LArche Nehalem will observe and respect the confidentiality of all donor negotiations and gift arrangements.
7. The Planned Giving/Endowment Committee, in concert with the Executive Director, Executive Committee and Finance Committee, shall be responsible for the oversight, promotion, marketing and securing of planned gifts.
8. LArche Nehalem subscribes and adheres to the Model of Standards of Practice for the Charitable Gift Planner as adopted and by the National Committee on Planned Giving and the American Council on Gift Annuities on May 7, 1991.
Gift Acceptance Policies and Procedures
Purpose
This document is a framework for accepting the types and forms of gifts that will provide maximum benefit to both donors and L Arche Nehalem.
This policy addresses both outright and planned gifts. The goal is to encourage support for LArche Nehalem without encumbering us with gifts that may generate costs or liabilities in excess of the benefit provided, or that may be restricted in a manner that is inconsistent with the L Arche purpose, goals or policies.
Accepting Gifts
Gift Acceptance Committee. In some cases, a proposed gift may require that the Gift Acceptance Committee (GAC) review the gift before it is accepted. The GAC is comprised of the Executive Director & the Board Executive Committee.
These Gift Acceptance Policies and Procedures are to be reviewed each year prior to the filing of the 990 Form to the IRS to ensure that they are up-to-date. The GAC is responsible for conducting this review, and recommending changes to the Board for Board approval.
Authority to Accept Gifts
1. An outright, unrestricted cash gift of any amount may be received and accepted by the Executive Director, the Community Coordinator, or members of the Board on behalf of LArche Nehalem.
2. A non-cash gift (including securities, real property, tangible personal property, mortgages and notes), or an outright but restricted cash gift, may be received by the Executive Director, Community Coordinator, or members of the Board. Such gifts are subject to review and acceptance by the GAC.
3. All planned and outright gifts with significant restrictions, or with a value in excess of $10,000, are approved formally by the Board and duly recorded in Board meeting minutes.
Professional Relationships
Ethical relationships will be established and maintained n all dealings with legal, financial and planned giving advisors. If asked to recommend advisors and professionals to donors, a list of at least 3 - 5 names will be provided with no recommendation. The choice of advisor will be made by the donor. LArche Nehalem will not draft legal documents for any donor or planned gift. In most cases, any and all fees associated with planned gift legal documents, appraisals or assessments will be paid by the donor before the gift is accepted. All documents submitted by the donors advisors will be reviewed by LArche Nehalems legal counsel.
Outright Gifts
Cash
Gifts in the form of cash and checks shall be accepted regardless of amount unless there is a question as to whether the donor has sufficient title to the assets or is competent to legally transfer the funds as a gift. All checks must be made payable to LArche Nehalem and shall in no event be made payable to an employee, agent or volunteer for the credit of LArche Nehalem.
Publicly Traded Securities
Securities which are traded on the New York, NASDAQ, or American Stock Exchanges, or other readily marketable securities, shall be accepted and sold at an appropriate time. In no event shall an employee or volunteer commit to a donor that a security will be held without prior written authorization by the Gift Acceptance Committee.
Closely Held Securities
Non-publicly traded securities may only be accepted after approval of the GAC, and such securities may be subsequently disposed of only with the approval of the GAC. No commitments shall be made for disposition of such securities prior to completion of the gift.
Real Property
1. No gift of real estate shall be accepted without prior written approval of the GAC.
2. No gift of real estate shall be accepted without first being appraised by an independent party acceptable to LArche Nehalem who shall have no business or other relationship with the donor or LArche Nehalem. If appropriate to the property, a Level I Environmental Site Assessment would be performed by a qualified geologist, engineer, or site assessment firm.
3. A follow-up Level II Site Assessment may be required dependent on the initial study. Clean up of contamination would be completed prior to the acceptance of the gift property, except in rare cases as determined by the GAC. LArche Nehalem will not accept real estate encumbered by a mortgage, unless special circumstances exist and the GAC has so authorized in writing.
4. LArche will adhere to IRS requirements for documentation, such as verifying by the appropriate IRS form, gifts of real property valued at $5,000 that have been properly evaluated by an independent appraiser.
Tangible Personal Property
1. No personal property shall be accepted unless there is reason to believe the property can be quickly disposed of or placed in use by LArche Nehalem. No personal property shall be accepted that obligates LArche Nehalem to ownership in perpetuity. No perishable property or property which will require special facilities or security to properly safeguard will be accepted without prior GAC approval.
2. Property with an estimated value of $5,000 or more will be independently appraised and appropriate IRS forms completed. For tax deduction purposes, the donor must obtain a written appraisal for inclusion on his/her tax form. LArche Nehalem does not determine the value of donated personal property.
Acceptable Planned Gifts
1. LArche Nehalem accepts the following forms of planned gifts: Charitable Bequests, Beneficiary of Life Insurance Policies, Beneficiary of Retirement Funds, Irrevocable or Revocable Trusts, Life Estates, Charitable Remainder Annuity and Unitrusts, and Charitable Lead Trusts.
2. Planned gifts may be funded with cash, publicly traded securities, closely held securities, real property, mortgages and notes, and tangible personal property. . All planned gifts are subject to review and acceptance by the GAC consistent with the previously stated criteria for outright gifts.
3. Upon review and recommendation of the GAC, LArche Nehalem may participate in pooled income/trust accounts that are established by and under the management/supervision of recognized and established non-profits
Gift Acknowledgments
1. All gifts to LArche Nehalem are sincerely appreciated and promptly acknowledged with a letter. The current IRS rulings and requirements will be adhered to concerning gifts of $250.+ as well as gifts of $75+ and providing goods or services to the donor.
2. Gifts of securities are attributed the median price on the day received.
3. The need for and appropriateness of gift clubs or groupings will be determined by the Fundraising and Planned Giving/Endowment Fund Committees.
Gift Levels
1. Trusts are established for a minimum of $250,000. LArche Nehalem will not directly serve as trustee for charitable remainder trusts. If donor has not named a trustee, LArche Nehalem will work with the donor to identify acceptable trustee arrangement by a bank or professional trust service/organization. The management of trusts and trustees will be monitored and management of funds can be changed by direction of the donor and the GAC. An appropriate management or other fee(s) will be charged against the trust as normally required by the bank or financial institution.
2. Bequest gifts of any amount may be received. Donors are encouraged to leave their charitable bequests by Will as unrestricted, rather than specific program areas that may or may not be in existence in the future.
3. In-kind donations of goods and services are accepted from competent professionals wishing to assist the organization with its on-going operation. Donors wishing to contribute tangible property such as appliances, clothing and similar items will be accepted only if they can be currently used. In-kind gifts are assigned no value by LArche Nehalem. It is the responsibility of the donor to do so for tax purposes.
Approved by Board of Directors
April 18, 2000
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Kate Marshall
Board Chair
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Tom Kinzie
Board Secretary