Gift Acceptance Policy
Acceptance of any contribution, gift or grant is at the discretion of the NAPABA Law Foundation (“NLF”). NLF will not accept any gift unless it can be used or expended consistently with NLF’s mission of advancing access to the legal system for Asian Pacific Americans through fellowships, scholarships, education and community engagement.
The interest of the donor shall have priority over the interest of NLF. No program, trust agreement, contract or commitment may be urged upon any donor or prospective donor that under any reasonable set of circumstances would jeopardize the donor’s financial security.
Donors to seek advice of their personal advisors.
NLF will refrain from providing advice about the tax or other treatment of gifts and will encourage donors to seek guidance from their own legal and financial advisors to assist them in the process of making their gifts, including the resulting tax and estate planning consequences.
NLF’s use of legal counsel.
NLF will seek the advice of legal counsel in matters relating to acceptance of gifts when appropriate, including:
- Proposed gifts of securities that are subject to restrictions or buy-sell agreements.
- Documents naming NLF as trustee or requiring NLF to act in any fiduciary capacity. If NLF is to serve as a trustee of a charitable remainder trust, the beginning value of the trust’s corpus must be at least $100,000. NLF shall not serve as trustee of a charitable lead trust or a revocable trust.
- Proposed gifts requiring NLF to assume financial or other obligations.
- Transactions with potential conflicts of interest.
- Proposed gifts of property that may be subject to environmental or other regulatory restrictions.
Gifts generally accepted without review.
NLF generally will accept donations of the following gifts.
- Cash gifts in any form, including by check, money order, credit card, wire transfer, or on-line.
- Publicly traded securities, which may be transferred electronically to a brokerage account maintained in NLF’s name or delivered physically with the donor’s endorsement attached. Publicly traded securities will be sold promptly upon receipt unless otherwise directed by NLF’s Investment Committee.
- Charitable Remainder Trusts. NLF will accept designation as a remainder beneficiary of charitable remainder trusts.
- Charitable Lead Trusts. NLF will accept designation as an income beneficiary of charitable lead trusts.
- Bequests of cash and publicly traded securities and beneficiary designations under revocable trusts, life insurance policies, commercial annuities, IRAs and retirement plans. NLF will accept bequests under wills of cash and publicly trade securities, and beneficial interests under revocable trusts, life insurance policies, commercial annuities, IRAs and retirement plans.
Gifts subject to prior review.
Certain other gifts, including real property, personal property, in-kind gifts, non-liquid securities, and contributions whose sources are not transparent or whose use is restricted in some manner, must be reviewed before acceptance because they may impose on NLF special obligations or liabilities. Examples of gifts subject to prior review include, but are not limited to:
- Tangible personal property. The Executive Committee shall review and determine whether the property (1) furthers NLF’s mission, (2) is marketable, (3) comes with any unacceptable restrictions, (4) imposes on NLF any carrying costs, and (5) may be transferred to NLF with clear title.
- Life insurance. NLF will accept gifts of life insurance where NLF is both beneficiary and irrevocable owner of the insurance policy. The donor must agree to pay, before due, any future premium payments owing on the policy or NLF must have the right to surrender the policy or convert it to a paid-up policy.
- Real Estate. All gifts of real estate are subject to review by the Executive Committee. Before acceptance of any gift of real estate, NLF shall require an initial environmental review by a qualified environmental firm. If that review reveals a potential problem, NLF may retain a qualified environmental firm to conduct an environmental audit. Criteria for acceptance of gifts of real estate include whether the property (1) is useful toNLF’s mission, (2) is marketable, (3) is subject to any covenants, conditions, restrictions, reservations, easements, encumbrances or other limitations, (4) imposes on NLF any carrying costs (e.g., insurance, property taxes, mortgages) or maintenances expenses, or (5) requires environmental remediation.
NLF will respect the intent of the donor relating to gifts for restricted purposes. However, NLF will not accept proposed gifts that:
- Would result in NLF violating its corporate charter,
- Would result in NLF losing its status as an IRC § 501c(3) nonprofit organization,
- Are too difficult or too expensive to administer in relation to their value,
- Would result in any unacceptable consequences for NLF, or
- Are for purposes outside of NLF’s mission.
NLF shall allocate all planned gifts received and designated for general purposes to its endowment funds.
NLF will provide acknowledgments to donors meeting IRS substantiation requirements for property received by the charity as a gift. However, except for gifts of cash and publicly traded securities, no value shall be ascribed to any receipt or other form of substantiation of a gift received by NLF.
All information concerning donors and prospective donors, including names, names of beneficiaries, amount of gift, size of estate, etc., shall be kept strictly confidential by NLF and its authorized personnel unless the donor grants NLF permission to release such information.
NLF will not compensate, whether through commissions, finders’ fees, or other means, any third party for directing a gift or a donor to NLF.