THE FOUNDATION GIFT ACCEPTANCE POLICY
This policy serves as a guideline to members of the University Park United Methodist Church (the Church) staff and the University Park United Methodist Church Foundation (the Foundation), involved with accepting gifts, to outside advisors who assist in the gift planning process, and to prospective donors who wish to make gifts to the Foundation. This policy is intended only as a guide and allows for some flexibility on a case-by-case basis.
The donor is responsible for determining a gift’s cost basis and value. Non-cash gifts valued at over $5,000 require a qualified appraisal.
GIFTS OF CASH
- All gifts by check shall be accepted by the Foundation regardless of amount.
- Checks shall be made payable to the Church or the Foundation with or without designation of a particular fund of the Foundation. In no event shall a check be made payable to an individual who represents the Foundation.
Pledges may be payable in single or multiple installments that have a value of at least $100. The pledge may not exceed five years in duration. All donors must complete a pledge form or confirm the pledge in writing.
PUBLICLY TRADED SECURITIES
- Readily marketable securities, such as those traded on a stock exchange, can be accepted by the Foundation.
- Gift securities are likely to be sold immediately by the Foundation.
- For Foundation gift crediting and accounting purposes, the value of the securities is the average of the high and low on the date of the gift.
CLOSELY HELD SECURITIES
- Non-publicly traded securities may be accepted after consultation with the Foundation President and/or the Foundation’s General Counsel.
- Prior to acceptance, the Foundation shall explore methods of liquidation for the securities through redemption or sale. A representative of the Foundation shall try to contact the closely held corporation to determine:
- An estimate of fair market value
- Any restrictions on transfer
- Gifts of real estate must be reviewed by the Trustees of the Foundation before acceptance.
- Due to the cost of administration, out of state or geographically isolated real estate is generally not accepted by the Foundation. The Trustees may consider such gifts on a case-by-case basis.
- The donor is responsible for obtaining an appraisal of the property. The cost of the appraisal is borne by the donor.
- The Foundation requires a Level 1 environmental audit to be conducted for all proposed gifts of real estate. While this is expected to be an expense of the donor, an environmental audit—unlike a qualified appraisal—benefits the Foundation in its decision to accept or reject the asset; thus the Foundation may be prepared to pay for the environmental audit provided that other conditions of acceptance are approved.
- Prior to presentation to the Trustees, a representative from the UPUMC Business office will conduct, or arrange for an inspection of the property. A gift of real estate will not be accepted unless the inspection is satisfactory.
- Due to the expenses associated with gifts of real estate, only gifts of economical substance will be accepted.
- Prior to presentation to the Trustees, the donor must provide copies of the following documents:
- Real estate deed
- Real estate tax bill
- Plot plan
- Substantiation of zoning status
- Depending on the gift, the donor’s connection with UPUMC, and the donor’s past gift record, the donor may be asked to pay for all or a portion of the following:
- Maintenance costs
- Real estate taxes
- Real estate broker’s commission and other costs of sale
- Appraisal costs
- For the Foundation’s gift crediting and accounting purposes, the value of the gift is the appraised value of the real estate.
- The Foundation will accept life insurance policies as gifts only when the Foundation is named as the owner and beneficiary of 100% of the policy.
- If the policy is a paid-up policy, the value of the gift for the Foundation’s gift crediting and accounting purposes is the policy’s replacement cost.
- If the policy is partially paid up, the value of the gift for the Foundation’s gift crediting and accounting purposes is the policy’s cash surrender value.
- The Foundation reserves the right to determine whether it will retain the policy as an investment.
TANGIBLE PERSONAL PROPERTY
Other types of gift assets may be acceptable to the Foundation. They include gifts of tangible personal property, oil and gas interests, partnership interests, and family limited partnerships.
- Gifts of jewelry, artwork, collections, equipment, and software shall be accepted after approval by the Trustees.
- Unless special circumstances exist, the Foundation will sell a non-cash gift as soon as possible and at the highest value available.
- No property that requires special display facilities or security measures shall be accepted by the Foundation without consultation with the Trustees.
- Depending upon the anticipated value of the gift, the Foundation shall have a qualified outside appraiser value the gift before accepting it.
- The Foundation adheres to all IRS requirements related to disposing gifts of tangible personal property and filing appropriate forms.
The Foundation offers the following planned gift options:
- Charitable gift annuities
- Charitable remainder trusts
- Retained life estates
Charitable Gift Annuities
- Acceptable assets to fund a gift annuity generally must be cash or publicly traded securities.
- Administrative fees shall be paid from the income earned on the charitable gift annuity.
- There shall be no more than 2 beneficiaries on a charitable gift annuity.
- The minimum gift accepted to establish a charitable gift annuity is $1,000.
- No income beneficiary for a charitable gift annuity shall be younger than 60 years old.
- The Foundation follows the American Council on Gift Annuities suggested rates.
Charitable Remainder Trusts
- Due to the cost of drafting and administration, the minimum cash or liquid asset contribution to establish a charitable remainder trust is $25,000.
- Only cash or other marketable assets are acceptable funding assets for charitable remainder trusts.
- Management fees for the administration of a charitable remainder trust when the Foundation is named as trustee or co-trustee shall be paid from the income of the trust.
- Investment of a charitable remainder trust shall be determined by the fiduciary hired to manage the trust. No representations shall be made by the Foundation or person acting on behalf of the Foundation as to the management or investment of such charitable remainder trust.
- The payout rate of a charitable remainder trust shall be determined in consultation with the donor and the Foundation investment advisor. By law the payout rate cannot be lower than 5%. The payout rate shall be negotiated between the donor and the Foundation and shall reflect the number of beneficiaries, their ages, and the size of the trust.
- Assets transferred through bequests that have immediate value to the Foundation or can be liquidated shall be encouraged by the development staff. Gifts that appear to require more cost than benefit shall be discouraged or rejected.
- Donors who have indicated that they have made a bequest to the Foundation may, depending upon the individual situation, be asked to disclose, in writing or by copy of the will, the relevant clause that benefits the Foundation as evidence of their gift. This information is used to determine bequest viability and is not binding on the donor.
Gifts With A Retained Life Estate
- The Foundation may accept gifts of a farm or residence with a retained life estate after assessing the length of the life tenancy and after examining all factors that are otherwise relevant to accepting gifts of real estate. In addition, consideration is given to the potential use or likely sale of the property after the asset is transferred.
- The donor will continue to be responsible for real estate taxes and fees for insurance and maintenance.
- Unless designated for a particular endowment fund, the value of the real estate after the retained life estate will be placed in the General Endowment Fund of the Foundation.
- When an undesignated gift or series of gifts has been received by the Church or the Foundation in honor or memory of an individual or family, the proceeds will be placed in existing Memorial or General Endowment Funds of the Foundation. The individual or his/her family, as the case may be, will be notified by the Church or the Foundation of its receipt and, when not restricted, its donor.
- The Foundation encourages that gifts be made to the existing Memorial or General Endowment Funds unless it is planned that additional gifts will expand a new fund to an amount in excess of $50,000.
- To establish an new endowment fund:
- For an outright gift, the fair market value of the asset used must meet the minimum endowed level of $50,000. Alternatively, an endowed fund may be created with an initial contribution of at least $10,000 with a commitment that it will be fully funded at the $50,000 level within four years.
- For a planned gift, the fair market value of the gift must meet the minimum endowed level of $50,000.
- Endowed funds are established by letters of understanding between the donors and Foundation trustees. The funds pay out income earned each year for the benefit of the Church or to the program or project designated by the donor. The principal remains untouched.
- The Foundation shall not act as an executor (personal representative) for a donor’s estate.
- The Foundation may act as co-trustee on a charitable remainder trust when the trust names the Foundation as a beneficiary of 50% or more of the trust.
- The Foundation will pay for the drafting of legal documents for a charitable remainder trust when the Foundation is named as a beneficiary of 50% or more of the trust. The donor’s own counsel must review the documents at the donor’s cost.
- The Foundation pays no finders' fees for gifts.