This AGREEMENT is made to establish a permanent 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 this Fund is to provide for distributions to the following designated charitable organization(s), in the proportions indicated [for a period of __ years from the date of this agreement]: (Insert the name(s) of organization and the percentage(s) of distributions.)
[At the expiration of __ years, the Fund will become an undesignated fund, used to support any charitable purposes that are consistent with the Articles of Incorporation and Bylaws of the Foundation, as determined by its Board of Trustees].
- Creation of the Fund
- --The Fund is created by the Foundation and will be so identified by the Foundation on its website and in all relevant literature, reports, promotional material, and other public documents. Confidentiality as to the name of the Fund and its subsequent grant distributions has not been requested by the donor.
- --The Fund is created for the purposes set forth in Section 1 above, and donations may be made to the Fund at any time by any donor, upon acceptance by the Foundation.
- --The Fund will be the property of the Foundation, and will not be deemed a seprarate 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 Responsibility of the Foundation
- --The Foundation, upon receipt of contributions to 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 for 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 all records of the Fund that are required to be kept under the laws governing community foundations.
- --The Foundation retains the power to modify any restrictions or conditions 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 Fund
--Distributions shall be made to the above-designated charitable organizations after confirmation of their continuing status as qualified charitable organizations, consistent with the exempt purposes of the Foundation as specified in its Articles of Incorporation and Bylaws.
--Distributions from the Fund shall only be made by the Foundation's Board of Trustees.
--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.
- 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 will be paid by the Fund.
- Modification or Termination
- --In the event the Foundation ceases to be a qualified charitable organization or proposes to dissolve, the Foundation will distribute the assets of the Fund to the charitable organizations designated in Section 1, in the proportions designated in Section 1. In such a case, if one or more of said organizations no longer exist, or are no longer qualified charitable organizations, The Foundation, in its discretion, may distribute those organizations' proportional shares of the Fund's assets to the organizations' successors, or 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.
- --In the event one or more of the organizations named in Section 1 cease to exist or are no longer qualified charitable organizations, their designated portions of the Fund's distributions shall be made as follows:
- ----To qualified successor organizations that are continuing the work of the original organizations.
- ----If there are no successor organizations, the designated portions shall be distributed to the remaining organizations designated in Section 1, pro rata according to each remaining organization's designated portion.
- ----If there are no remaining designated organizations, 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.
- --As used in the agreement, "Qualified charitable organization" means an organization described in IRC 509(a)(1), (2), (3) or (4) and which is other than a private foundation under 509(a).
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
______________________________
Name of Donor (Print or Type)
Date: __________ |