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Charitable Gift Agreement

Charitable Gift Agreement Template for Australia

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Key Requirements PROMPT example:

Charitable Gift Agreement

"I need a Charitable Gift Agreement for a one-time donation of $5 million from our corporate donor to establish a research center at our university, including naming rights for 15 years and quarterly reporting requirements, with the gift to be transferred by March 2025."

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Document background
The Charitable Gift Agreement is a crucial document used in Australian philanthropy to formalize significant charitable donations. It is particularly important when the gift involves substantial sums, specific conditions, or ongoing obligations. The agreement ensures compliance with Australian charity and tax laws, including the Charities Act 2013 and state-specific legislation. This document is essential when donors wish to specify how their gift should be used, require reporting on the gift's impact, or seek naming rights or other recognition. It protects both the donor's philanthropic intentions and the charitable organization's interests by clearly documenting the terms, conditions, and mutual obligations of the gift. The agreement typically includes details about the gift's purpose, payment terms, recognition provisions, and any specific restrictions or requirements.
Suggested Sections

1. Parties: Identifies and defines the Donor and the Charitable Organization, including their legal details and capacity

2. Background: Sets out the context of the gift, the charitable organization's status and mission, and the donor's general intent

3. Definitions: Defines key terms used throughout the agreement

4. Gift Amount and Payment: Specifies the amount or nature of the gift and the payment/transfer mechanism

5. Purpose of the Gift: Details how the charitable organization will use the gift

6. Tax Status and Receipting: Addresses the tax-deductible status of the gift and receipt requirements

7. Representations and Warranties: Standard warranties about capacity, authority, and charitable status

8. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

9. Execution: Signature blocks and execution formalities

Optional Sections

1. Naming Rights: Used when the gift includes rights to name a building, program, or fund

2. Reporting Requirements: Used when the donor requires periodic reports on the use of the gift

3. Investment Guidelines: Used for endowment gifts specifying how funds should be invested

4. Gift Recognition: Used when specific forms of donor recognition are agreed upon

5. Return of Gift: Used when circumstances are specified under which the gift might be returned

6. Staged Payments: Used when the gift is to be made in installments with conditions

7. Confidentiality: Used when parties agree to keep certain aspects of the gift private

Suggested Schedules

1. Payment Schedule: Details the timing and amounts of payments for staged gifts

2. Recognition Benefits: Lists specific recognition benefits agreed upon

3. Naming Guidelines: Details the specific naming rights and requirements

4. Gift Use Details: Specific details about how the gift will be used or allocated

5. Tax Documentation: Copies of relevant tax status confirmations or requirements

6. Investment Policy: Detailed investment guidelines for endowment gifts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Education

Healthcare

Religious Organizations

Arts and Culture

Environmental Conservation

Social Services

Research and Development

Community Development

Humanitarian Aid

Sports and Recreation

Relevant Teams

Legal

Finance

Philanthropy

Development

Donor Relations

Tax Advisory

Compliance

Executive Leadership

Board of Directors

Gift Administration

Relevant Roles

Chief Executive Officer

Development Director

Philanthropy Manager

Legal Counsel

Tax Advisor

Foundation Manager

Donor Relations Manager

Gift Planning Officer

Charitable Giving Specialist

Trust Officer

Financial Controller

Compliance Officer

Board Member

Executive Director

Major Gifts Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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