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1. Establishment of the Fund. A fund will be established on the books of the Foundation which will be known as the Fund.
2. Contributions to the Fund. The Fund will include the Property this day received from said Donor(s), any property as may from time to time be transferred to the Foundation by the Donor(s) for inclusion in the Fund, or any property received from time to time by the Foundation from any other source and accepted by Foundation for inclusion in the Fund, and all income from the foregoing property.
3. Ownership and Control. The Fund will be the property of the Foundation held by it in its normal corporate capacity; it shall not be deemed a trust fund held by it in a trustee capacity. The Foundation will have the ultimate authority and control over all property in the Fund, and the income derived therefrom, for the charitable, educational and religious purposes of the Foundation.
4. Purpose. The Fund will be used only for charitable, educational, benevolent or religious purposes (or any combination of such purposes) within the purposes of the Foundation, either directly or by contributions to other organizations for such purpose or purposes. Download this PDF to your own computer before you fill it out. Send completed forms to Cindy Weik at firstname.lastname@example.org.
5. Distributions/Grants. Donor(s) or their designated advisor(s) retain the privilege of recommending distributions, or grants, from the Fund. Such privileges include the right to recommend all amounts in the Fund be transferred to a Donor Advised Fund owned and operated by another public charity. Distributions from the Fund of the income or principal or both of the Fund, within the limitations provided for in paragraph 4 above, shall be made at such times, in such amounts, in such ways and for such charitable, educational or religious purposes (or any combination of such purposes) as the Foundation approves. The recommendations with respect to distributions will be solely advisory and Foundation will not be bound by such recommendations.
A. No Benefit Received. A Donor of a Donor-Advised Fund or any other person may not receive any benefit or privilege in return for a distribution from a Donor-Advised Fund (this includes, for example, tickets to events, meals, auctions, and museum memberships).
B. No Pledge or Obligation Satisfied. It is understood that no distributions will be used to discharge or satisfy a legally enforceable pledge or obligation of any person, including the Donor of a Donor-Advised Fund.
C. Minimum Distributions. Distributions should be for $100 or more.
6. Distribution and Transfer Restrictions. Donor(s) acknowledge and agree (A) that the Foundation currently maintains five diversified investment portfolios with the goal of providing a reliable source of income to meet the needs and services of the community, related entities and beneficiary agencies and (B) that such portfolios are designed to include dynamic management where the portfolio investment manager will make tactical changes to the asset allocation in response to market conditions with a goal of further enhancing returns or reducing risk, depending on market conditions. Accordingly, to enable the investment portfolios to stay within targeted asset allocations and meet cash flow obligations as they come due, in addition to any other limitations set forth herein, the Foundation requires that the assets contributed to the Fund be held subject to the following distribution and transfer restrictions:
Funds of Less than $5 Million
Funds of $5 Million or More
7. Advisors and Successor Advisors to the Fund. The individuals named in Schedule B maintain the right to recommend distributions.
8. Investments. The Foundation shall at all times retain the full authority and control over the investment of the assets contributed to the Fund. Donor(s) acknowledge that there are market risks with respect to any investment and there can be no assurance against risk of loss.
9. Fees. The Fund shall be charged fees based on the current Foundation fee structure attached hereto as Schedule D. Any subsequent changes to the Foundation’s fee structure shall apply to the Fund and be communicated to the Fund’s Advisors. By executing this Donor Advised Fund Agreement, the undersigned Donor(s) expressly acknowledge Foundation’s current fee structure and to the Fund’s being charged fees based on this structure.
10. Policies and Procedures. The Fund will be administered under and subject to the Donor-Advised Fund Policies and Procedures as the same may be revised from time to time. Donor(s) has/ have reviewed these policies and procedures and received a copy of the Atlanta Jewish Foundation Donor-Advised Fund Official Guidebook.
11. Component Fund. It is intended that the Fund will be a component part of the Foundation and that nothing in the Agreement will affect the status of Jewish Federation of Greater Atlanta as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the “Code”) and as an organization which is not a private Foundation within the meaning of Section 509(a) of the Code. This Agreement will be interpreted in a manner consistent with the foregoing intention and so as to conform to the requirements of the foregoing provisions of the Code and any regulations issued pursuant thereto. The Foundation is authorized to amend this Agreement to conform to the provisions of any applicable law or government regulation in order to carry out the foregoing intention. Reference in this Agreement to provisions of the Code shall be deemed references to the corresponding provisions of any future Internal Revenue law.
The donors of a fund have full and equal rights to recommend grants and to elect the successors of the Fund. For two or more donors, all correspondence will be sent to Donor 1 if the mailing addresses are different.
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