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  • 1.  Expending a scholarship with no donor communication

    Posted 09-06-2024 08:13 AM

    Hi,
    Our institution has a signed gift agreement for an endowed scholarship that after the stated 5-year minimum has not reached its endowed level (it's about 60% funded). We have tried contacting the donor multiple times through email, phone messages, and written mail to let them know that the time to fully endow this scholarship has passed and it will become an expendable fund per the agreement (snippet below). The donor has not communicated with us regarding this matter and does not respond to any attempts at contact. Aside from documenting the various ways ]we have tried to reach the donor, is there anything else to be done from a legal or best practice standpoint when it comes to expending this fund?

    Agreement statement:

    If the initial principal goal has not been reached by the end of 2023, this shall become an expendable fund paid out in awards to students until it has been fully expended.

    Thank you,

    Kelly



    ------------------------------
    Kelly Hallock
    Warren Wilson College
    khallock@warren-wilson.edu
    ------------------------------


  • 2.  RE: Expending a scholarship with no donor communication

    Posted 09-06-2024 08:20 AM
    It is wonderful that you have that language in your agreement!

    After checking with Counsel, I would send a certified letter to the donor with a copy of the agreement, indicating you will exercise the payout option beginning on a specified date.

    John
    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Expending a scholarship with no donor communication

    Posted 09-06-2024 08:46 AM
    Thank you John!






  • 4.  RE: Expending a scholarship with no donor communication

    Posted 09-23-2024 12:32 PM
    Hi John (again),

    If the certified letter is sent back and I have no other means of contact, would you say I've done my due diligence and can expend the scholarship?

    Thank you,
    Kelly






  • 5.  RE: Expending a scholarship with no donor communication

    Posted 09-23-2024 12:52 PM
    No.  In that case, you will need to follow the guidelines outlined by your State Attorney General's office.


    John H. Taylor
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard





  • 6.  RE: Expending a scholarship with no donor communication

    Posted 09-23-2024 02:35 PM
    Kelly - Not sure if you've already checked into this, but I'm copying in a quick reference link which reviews the North Caroline UPMIFA parameters. 

    Good luck and best regards - Amy

    Amy J. Phillips
    amy.j.phillips@hotmail.com

    Founding, Charter and Active member of AASP!