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Charitable Gift Agreement Template for Canada

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Key Requirements PROMPT example:

Charitable Gift Agreement

"I need a Charitable Gift Agreement for a $500,000 endowment gift from a corporate donor to a university, with naming rights for a research laboratory and quarterly payments starting March 2025."

Document background
The Charitable Gift Agreement is a crucial legal instrument in Canadian philanthropic practices, used to document and formalize significant charitable contributions. This document is essential when donors make substantial gifts, establish endowments, or attach specific conditions to their donations. It serves multiple purposes: ensuring tax compliance under Canadian federal and provincial regulations, protecting donor intent, establishing clear parameters for gift use and administration, and documenting any recognition provisions. The agreement is particularly important for complex gifts, naming rights, or when donors require specific reporting on gift usage. It should comply with provincial trust laws, federal tax regulations, and specific provincial charitable property legislation. The document becomes especially critical for gifts involving multiple payment schedules, restricted purposes, or when the charitable organization needs to demonstrate proper stewardship of donated funds.
Suggested Sections

1. Parties: Identifies the donor(s) and the charitable organization receiving the gift, including their legal names and addresses

2. Background: Outlines the donor's charitable intent and the organization's charitable status and mission

3. Definitions: Defines key terms used throughout the agreement

4. Gift Details: Specifies the amount, nature, and timing of the gift (cash, securities, property, etc.)

5. Purpose of the Gift: Clearly states how the gift will be used by the charity and any restrictions on its use

6. Recognition: Details the agreed-upon recognition of the donor's contribution

7. Payment Terms: Outlines the schedule and method of gift payments if applicable

8. Tax Receipting: Confirms the charity's obligation to provide appropriate tax receipts

9. Representations and Warranties: Standard declarations by both parties regarding authority, capacity, and charitable status

10. Administration of the Gift: Describes how the gift will be managed and administered by the charity

11. General Provisions: Standard legal clauses including governing law, amendments, and notices

Optional Sections

1. Naming Rights: Details specific naming opportunities and duration when the gift includes naming rights for programs, facilities, or funds

2. Investment Policy: Required for endowment gifts, specifying how the funds will be invested and managed

3. Gift Acceptance Conditions: Used for complex gifts like real estate or securities, specifying conditions that must be met before acceptance

4. Donor Advised Provisions: Used when the donor retains some advisory role in how funds are used

5. Default and Remedies: Required for pledge agreements or complex gifts with ongoing obligations

6. Reporting Requirements: Used for large gifts where the donor requires specific reporting on use of funds

7. Future Gifts: Used when the agreement includes provisions for planned or future gifts

8. Gift Transfer Process: Required for complex assets requiring specific transfer procedures

Suggested Schedules

1. Schedule A - Gift Payment Schedule: Detailed timeline of pledge payments or gift transfers

2. Schedule B - Recognition Details: Specific details about donor recognition, including naming specifications, signage, or other recognition elements

3. Schedule C - Investment Policy: Detailed investment guidelines for endowment gifts

4. Schedule D - Gift Use Guidelines: Specific parameters for how the gift may be used, including any restrictions

5. Schedule E - Asset Description: Detailed description of gifted assets for non-cash gifts

6. Appendix 1 - Charity's Gift Acceptance Policy: Organization's standard gift acceptance policies and procedures

7. Appendix 2 - Due Diligence Documentation: Required documentation for complex gifts or large donations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses






























Relevant Industries

Non-Profit

Education

Healthcare

Religious Organizations

Arts and Culture

Social Services

Environmental Conservation

Public Policy

Research and Development

Community Development

Relevant Teams

Legal

Development

Finance

Advancement

Donor Relations

Tax Advisory

Trust Administration

Grant Management

Corporate Governance

Philanthropic Services

Relevant Roles

Chief Executive Officer

Executive Director

Development Director

Major Gifts Officer

Planned Giving Officer

Legal Counsel

Tax Advisor

Foundation Manager

Philanthropic Advisor

Trust Officer

Chief Financial Officer

Donor Relations Manager

Grant Administrator

Advancement Officer

Corporate Secretary

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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