26: Guidelines for Donor Advisers and/or Sample Donor Advised Fund Agreement

Confirming
Reconfirming

Donor advised fund guidelines contain a complete description of all related activities that affect donor advised funds. These include communicating with donor advisers, restrictions on donor advised funds and donor activities, and processes related to donor recommendations and naming successors.

Key Elements 
  1. A process for communicating with donors about limits on their authority and about board control
  2. A description of the role of the board in advised fund distributions
  3. Prohibition against donors, advisers, or related parties using advised funds to fulfill pledges*
  4. Prohibition against donors, advisers, or related parties using advised funds to secure benefits from the distribution recipient (The prohibition should extend to prevent, at minimum, donors, advisers and related parties from receiving benefits)*
  5. Prohibition against grants to individuals from funds legally defined as donor advised funds. This includes checks written directly to an individual or checks written to an entity for the benefit of a specified individual.*
  6. Prohibition against donors, advisers, or related parties receiving grants, loans, compensation, or similar payments from donor advised funds*
  7. A process for acting on donor recommendations
  8. Policies regarding naming successors to provide donor recommendations
  9. Policies regarding whether principal and/or interest can be distributed

*Pension Protection Act requirement

Material Changes

For the purposes of reconfirmation, a material change is any change that affects any of the key elements. If you have had material changes, you will need to resubmit any documentation related to material changes. Review all key elements for this requirement by clicking the "confirming" toggle in the upper left corner of this page.

Core Materials 

Required Documents

  • Guidelines for Donor Advised Funds*
  • Sample Donor Advised Fund Agreement

*Pension Protection Act requirement

No documents required for reconfirmation.