This Agreement updates and supersedes any previous Donor-Advised Fund Agreement with Jewish Federation of Greater Atlanta. Delivery is hereby made by the undersigned Donor(s) of the property listed on Schedule A and made a part hereof (the “Property”). Delivery of the Property constitutes an irrevocable gift of the Property to the Jewish Federation of Greater Atlanta d/b/a Atlanta Jewish Foundation (“the Foundation”) upon acceptance of the Property and with the following terms and conditions:
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.
5. Distributions/Grants.
(A) Donor(s) or their designated advisor(s) retain the privilege of recommending distributions, or grants, from the Fund. Distributions from the Fund of the income or principal or both of the Fund, within the limitations provided for in paragraph 4 above and paragraph 5(b) below, 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. It is the intention of the fundholders that the Fund remain at Atlanta Jewish Foundation.
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. Minimum Distributions. Distributions should be for $100 or more.
(B) Donor(s) acknowledge and agree:
1. 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
2. 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 found on Page 9 of
the DAF Guidebook referenced in Section 11, herein.
6. Advisors and Successor Advisors to the Fund Subject to the restrictions set forth in Section 5(b) above and other restrictions set forth herein, the individuals named in Schedule “B” maintain the right to recommend distributions.
7. 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.
8. 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.
9. 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.
10. 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.
Kindly indicate below your acceptance of this gift and of the foregoing terms and conditions:
Receipt of the above-described property on this date is acknowledged.
