News & Analysis as of

Charitable Organizations Endowment Funds

Faegre Drinker Biddle & Reath LLP

Georgia and Kentucky Allow Donor Standing for Endowment Violations, While Similar Efforts Are Pending in Ohio and Vermont

Georgia and Kentucky Allow Donor Standing for Endowment Violations - On April 9, 2024, Kentucky’s governor signed Senate Bill 70, which will take effect on July 15, 2024, and will amend Kentucky’s version of the Uniform...more

Partridge Snow & Hahn LLP

Massachusetts and Rhode Island Charities: Unlocking Restricted Funds

For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is in the normal course of business. While these restricted funds are quite common, their usefulness can occasionally become...more

Bowditch & Dewey

Modifying or Lifting Charitable Fund Restrictions

Bowditch & Dewey on

Restricted funds are monies donated or bequeathed to a charity or non-profit organization such as a museum that come with limitations imposed by the donor on the investment, management or use of the funds. Examples include a...more

Faegre Drinker Biddle & Reath LLP

Missouri Court Allows University to Reclassify Restricted Endowment Funds Under UPMIFA

Earlier this month, a Missouri state court allowed Webster University to reclassify various donor-restricted endowment funds as unrestricted endowment funds so the funds could be held as collateral to help Webster meet a 75%...more

Faegre Drinker Biddle & Reath LLP

Kansas Allows Donor Standing Under UPMIFA, But Similar Effort Falls Short in Ohio for Now

Kansas Allows Donor Standing Under UPMIFA - Kansas’ Donor Intent Protection Act took effect this summer on July 1, 2023, amending Kansas’ version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA,...more

Lathrop GPM

Leveraging Institutional Capital Assets to Meet the Moment

Lathrop GPM on

Hoping to alleviate the immense damage to vulnerable communities inflicted by COVID-19 and racial inequities that have drawn the spotlight over the past year, foundations and other charitable institutions are digging deeper...more

Ballard Spahr LLP

PA Provides New Spending Flexibilities and Nonjudicial Settlement Opportunities for Nonprofits, Charitable Trusts

Ballard Spahr LLP on

On July 23, 2020, Pennsylvania Governor Tom Wolf approved 2020 Act 71, enacting House Bill 2484. The new law amends the Pennsylvania Consolidated Statutes, Titles 15 (Corporations and Unincorporated Associations) and 20...more

Polsinelli

Using Endowed Funds in a Crisis: Key Considerations

Polsinelli on

It goes without saying that we are living in uncertain times and are experiencing events that are reshaping our lives in ways that many of us believed only to exist in science fiction books and movies. Nevertheless, while we...more

Lathrop GPM

Borrowing from the Future? Tapping Restricted and Endowment Funds in a Down Economy

Lathrop GPM on

As the effects of COVID-19 on the economy and our societal needs present challenges to nearly every nonprofit organization, some organizations are considering how their endowment and other restricted funds may be deployed to...more

Davis Wright Tremaine LLP

Accessing Charitable Endowment Funds to Address Critical Needs During COVID-19

The tension between preserving charitable assets for the future and spending them currently to address critical needs has perhaps never been greater. Both operating charities that make annual appropriations from their...more

Nilan Johnson Lewis PA

Can Nonprofits Use Their Endowment Funds to Assist Communities in the wake of COVID-19?

Nilan Johnson Lewis PA on

As the COVID-19 pandemic continues to impact all corners of life both locally and nationally, we have received questions from our nonprofit clients regarding the use of their endowment funds to help support their targeted...more

Nilan Johnson Lewis PA

Can Donors Control How A Charitable Endowment is Used? MN Court of Appeals Concludes No

Nilan Johnson Lewis PA on

A recent Minnesota Court of Appeals decision affirmed that funds like endowment funds, held by charitable organizations, will generally be considered gifts and not contracts. Case Background - In 2004 and 2008, Mr....more

Foster Garvey PC

Decoding the Tax Cuts and Jobs Act – Part VIII: Charitable and Tax-Exempt Organizations / Estate and Gift Taxes

Foster Garvey PC on

Charitable organizations work hard to maintain exempt status. These organizations operate in a highly regulated landscape: In exchange for enjoying freedom from income taxes, they must comply with strict organizational and...more

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