Jeff,
Your proposed way of doing things is pretty much exactly how we do it at Lehigh. We have a pledge type of "Statement of Intent" and a corresponding "pledge" template for those types of agreements.
This has helped to significantly mitigate our admin work with writing down pledges, which, at least in the way our system is currently set up, is more work than having the separate pledge type and dealing with any reporting the two types of pledges. Of course, as you already pointed out, this only helps when donors actually tell us they're paying with a DAF, etc... We still get a non-trivial amount of DAF "surprises," but we've been doing this for long enough now that most donors and DOs are pretty good about establishing the payment method up front.
John,
Curious as to what you're referencing when you say, "Nonbinding pledges are also not recognized in the same way as standard pledges for CASE purposes." I was under the impression that the newest version of the CASE Global Reporting Standards cleared this up, at least for the types of nonbininding pledges Jeff and I are talking about. On page 58 it says:
In some cases, a "Letter of Intent" or "Intent to Give Agreement" may be used in lieu of a formal pledge agreement. This is similar to receiving a letter from a donor to memorialize a pledge, but is often used when the commitment may be made or fulfilled using multiple donor funding sources such as a combination of personal individual gifts, foundations gifts, or donor-advised fund distributions. The donor or donor advisor avoids any potential issues regarding substantive benefit (also known as self-dealing or inurement in some countries/regions) by not having a legally binding pledge, but the institution is able to document, memorialize, recognize and count gift intentions.
When reporting Funds Received in CASE AMAtlasSM surveys, only the corresponding payments / gifts resulting from Intents to Give should be included in the years they are received.
When reporting New Funds Committed in CASE AMAtlasSM surveys, Intents to Give may be counted and reported with Pledges. CASE recommends that institutions consider reporting Intents to Give separately from Pledges and Conditional Pledges in their own internal / external reports.
When reporting Campaign totals, Intents to Give may be counted and reported with Pledges.
Is there something else you're referring to that I'm missing?
Thanks.
Sean
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Sean Shappell
Lehigh University
ses211@lehigh.edu------------------------------
Original Message:
Sent: 08-15-2023 08:28 AM
From: John Taylor
Subject: Proposal for handling pledges paid by DAF
I do not like nonbinding pledges, as they cannot be "banked" on. As you mentioned, these are not bookable for finance purposes, as those pledges must be binding and enforceable. You will want to get buy-in from the CFO as these will reduce your balance sheet.
Nonbinding pledges are also not recognized in the same way as standard pledges for CASE purposes. They count more as "conditional" pledges, often not recognized by many organizations in campaign totals.
I prefer making most pledges binding. Even if the donor anticipates DAF payments contributing to their effort! To make this possible, I use the attached pledge template. Of course, this does not allow you to apply a DAF gift to the pledge. But it does allow you to "book" the entire pledge at the outset.
John
John H. Taylor
Principal
John H. Taylor Consulting, LLC
2604 Sevier St.
Durham, NC 27705
919.816.5903 (cell/text)
Serving the Advancement Community Since 1987
Original Message:
Sent: 8/15/2023 9:04:00 AM
From: Jeff Baynham
Subject: Proposal for handling pledges paid by DAF
As we are in a CRM migration project, I am thinking through several of our pain points. Of course processing gifts from DAFs where the intention is to pay on a pledge.
I've reviewed the 2017 IRS notice and the terms of the "big three" (Fidelity, Schwab, and Vangard) DAFs. All three still have language stating that a DAF grant cannot fulfill an "enforceable" "legal obligation" or "legally binding" pledge. SO, the 2017 Notice really doesn't change anything.
I am exploring creating a new pledge type for our system "non-binding pledge" or equivalent to record pledges where the donor indicates that they intend to use a DAF to fulfill. The pledge/intent form would be altered to indicate non-binding. And, since they are non-binding we would not record these pledges in financials/balance sheet. We would just record the received funds as they come in.
The hope is this eliminates the need to do the reduce pledge process when a DAF payment comes in and all the reporting that comes with that to ensure a DAF today isn't counted becaus a pledge recorded two years ago was.
I know this doesn't solve the issue of a DAF grant coming where the donor doesn't tell us ahead of time they are paying with a DAF. That is unavoidable.
I would appreciate any feedback on this proposed process.
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Jeff Baynham
NC State University
jtbaynha@ncsu.edu
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