The Conditional Donation Agreement is a vital legal instrument used in New Zealand when making significant donations that require specific conditions to be met by the recipient. This document is particularly relevant when donors wish to ensure their donations are used for intended purposes or when specific outcomes must be achieved. The agreement typically includes detailed terms about the donation amount or property, specific conditions for its use, reporting requirements, and potential recovery provisions. It must comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Charities Act 2005, and relevant tax legislation. This type of agreement is commonly used by philanthropists, charitable organizations, educational institutions, and other entities involved in significant giving arrangements where accountability and specific outcomes are important.
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1. Parties: Identifies and provides full details of the donor and the recipient
2. Background: Explains the context of the donation and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Donation: Specifies the nature, value, and details of the donated property or funds
5. Conditions: Details the specific conditions that must be met for the donation to be made or retained
6. Timing and Payment: Specifies when and how the donation will be transferred
7. Recipient's Obligations: Sets out the recipient's commitments and responsibilities regarding the donation
8. Reporting Requirements: Specifies how the recipient must report on the use of the donation and compliance with conditions
9. Default and Recovery: Outlines what constitutes a breach and the donor's rights to recover the donation
10. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures
1. Tax Provisions: Include when the donation has specific tax implications or requirements
2. Charitable Purpose: Include when the donation is for specific charitable purposes and needs to meet charitable law requirements
3. Intellectual Property: Include when the donation involves or impacts intellectual property rights
4. Publicity and Recognition: Include when there are specific requirements about acknowledging the donation
5. Multiple Installments: Include when the donation is to be made in stages or installments
6. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court proceedings
7. Confidentiality: Include when parties wish to keep the donation or its terms confidential
1. Schedule 1 - Donation Details: Detailed description of the donated property or funds, including valuations if relevant
2. Schedule 2 - Conditions and Milestones: Detailed list of conditions and any specific milestones that must be met
3. Schedule 3 - Payment Schedule: If applicable, details of installment payments or transfer arrangements
4. Schedule 4 - Reporting Requirements: Specific format and requirements for progress reports and compliance documentation
5. Appendix A - Required Forms: Any forms or templates required for reporting or compliance
6. Appendix B - Relevant Policies: Any applicable policies or guidelines that govern the use of the donation
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