Charitable Solicitation and Planned Giving
Many colleges and universities have entire departments dedicated to the solicitation of gifts and to planned giving programs for alumni. Our lawyers have counseled many institutions on techniques to enhance planned giving programs and assist donors in maximizing the tax benefits of their gifts.
We assist in the interpretation of conditions placed on gifts, enforcement of pledges, monitoring of estates and trusts to ensure that they are properly administered and that institutions receive their appropriate distributions, and reformation of various gifting instruments to obtain maximum tax deductibility for the donors, and maximum use and benefits for the institution. Our lawyers work closely with various state agencies and attorney general offices when appropriate to protect the interests of the institution in receiving charitable gifts and bequests.
Our lawyers are experienced in assisting institutions in drafting endowment agreements and advising them on the evolving laws governing the investment and management of endowment fund assets. We also assist institutions in preparing and implementing gift acceptance policies, and in presenting to their boards various considerations in connection with all aspects of charitable giving, and the use and management of charitable funds.
Our lawyers advise nonprofit organizations, including college endowment funds and charitable institutions, regarding investments in various types of alternative investment vehicles. We review offering materials for traditional hedge funds, funds of funds and private equity funds into which our nonprofit clients consider investing with a view to assisting these clients in making compelling investment decisions. We assist these clients in negotiating “side letter” arrangements with these types of issuers where appropriate as well as investment management agreements on their behalf.