This AGREEMENT is made to establish a permanent and non-permanent endowment fund to be known as the (Name of Fund) (the "Fund") within the Capital Region Community Foundation (the "Foundation").
Purpose of Fund
The purpose of the Fund is to support the charitable initiatives of the Donors consistent with the mission of the Foundation.
Creation of the Fund
--The Fund is created by the Foundation and will be so identified by the Foundation in all relevant literature, reports, promotional material, and other public documents, including the Foundation's web site and any Annual Report prepared by the Foundation. Confidentiality as to the name of the Fund and its subsequent grant distributions has not been requested by the Donors.
--The Fund is created for the purpose set forth in Section I above, and donations may be made to the Fund at any time by any donor, upon acceptance by the Foundation. Donors to the Fund may designate their gifts for permanent endowment or for the non-permanent portion of the Fund.
--The Fund will be the property of the Foundation and will not be deemed a separate trust fund held by it in a trustee capacity. The Fund will operate under, and all assets held in the Fund will be subject to, the governing instruments (including Articles of Incorporation and Bylaws of the Foundation) and control of the Foundation through its Board of Trustees.
--It is intended that the Fund be a component fund of the Foundation and the terms of this Agreement are to be construed to that effect.
Powers, Duties and Responsibilities of the Foundation
--The Foundation, upon receipt of contributions of the Fund, shall establish a separate account for accounting control of the contributions and shall separately account for all endowment principal in, and income from, the Fund.
--The Foundation shall have full authority and discretion as to the investment and reinvestment of the assets of the Fund.
--The Foundation shall furnish all routine accounting, as well as reporting to the Michigan Attorney General and Internal Revenue Service regarding the Fund, and shall keep records of the Fund that are required to be kept under the laws governing community foundations.
--The Foundation retains the power to modify any restriction or condition on the distribution of funds from the Fund for any specified charitable purposes or to any specified organizations if, in the sole judgment of the Board of Trustees of the Foundation (without the necessity of the approval of any participating trustee, agent or custodian), such restriction or condition becomes, in effect, unnecessary, undesirable, impractical, incapable of fulfillment, or inconsistent with the investment policies of the Foundation or with the charitable needs of the community or area served by the Foundation.
Distributions from the Fund
--Distributions shall be made consistent with the charitable purpose for which the Fund has been established and consistent with the exempt purposes of the Foundation as specified in its Articles of Incorporation and Bylaws.
--Distributions from the Fund shall be made only by the Foundation's Board of Trustees. The Donors may make distribution recommendations to the Foundation but the Foundation shall have full discretion as to distributions from the Fund.
--Distributions from the Fund will ordinarily be made according to the Spending Guidelines established by the Board of Trustees of the Foundation. In general, the principal of permanent endowments will not be invaded except when applying the Spending Guidelines, or in extraordinary circumstances as deemed appropriate by the Board of Trustees of the Foundation.
--The Foundation will not approve grants that would satsify a pledge or other financial obligation of the Donors [or subsequent advisors], or from which the Donors [or subsequent advisors], or professional advisors or parties related to the Donors, would derive personal benefit, such as payment for tickets to events, payment for goods purchased at a charitable auction, payment of tuition, or payment of membership fees or dues. In addition, the Donors, the Donors' professional advisors, and parties related to the Donors may not receive grants, loans, compensation, or similar payments (including reimbursement of expenses) from the Fund.
--Grants may not be made to individuals.
Fees and Expenses
The Foundation will charge the Fund a fee in accordance with the then prevailing fee schedule adopted by the Foundation's Board of Trustees, which will be deducted annually in the first quarter of the year. This fee is in addition to any investment fees charged to the Foundation that are pro-rated to the Fund, and to any expenses relating specifically to the Fund (e.g., brochure printing and mailing costs, supplies, legal services, and so forth), which may be paid by the Fund.
Donor Advisory Function
--The Donors may make distribution recommendations to the Foundation, but the Foundation shall have full discretion as to distributions from the Fund.
--[Modify as appropriate] Upon the death or incapacity of the Donors, or upon their election during their lifetime, the advisory function will be transferred to __________, for the purpose of making recommendations to the Foundation. The advisory function may not be transferred to further generations, or to others.
--[Modify as appropriate] At such time as the Donors (or their successor) cease providing advisory functions, the assets of the Fund will become a [field of interest or designated or undesignated] fund of the Capital Region Community Foundation, for the purpose of supporting __________.
Dissolution of the Foundation
In the event the Foundation ceases to be a qualified charitable organization (an organization qualified to receive deductible contributions under Internal Revenue Code section 170(c) and which is other than a private foundation under Section 509(a)), or proposes to dissolve, the Foundation will distribute the assets of the Fund to one or more organizations eligible to receive funds under the Articles and Bylaws of the Foundation to be administered by such organization(s) in a manner that will, as much as is practical, achieve the original purposes of the Fund. [Optional: In the event that the organization named in Section 6(c) ceases to exist or is no longer a qualified charitable organization, distributions shall be made as follows:
--To a qualified successor organization that is organized to continue the work of the original organization.
--If there is no successor organization, the Foundation shall continue to hold the assets constituting the Fund, and shall administer the Fund in a manner that will, as much as is practical, achieve the original purposes of the Fund.]
IN WITNESS WHEREOF, each party hereto has executed this agreement on the date(s) set forth below.
| CAPITAL REGION COMMUNITY FOUNDATION ______________________________ Dennis W. Fliehman, President Date: __________ |
Name of Fund ______________________________ ___________________, Donor ______________________________ ___________________, Donor Date: __________ |