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  • 1.  To restrict or not restrict, that is the question

    Posted 8 hours ago

    Hi,
    We received an estate gift that says "This devise is not conditioned and you may utilize the funds in any way that furthers your mission." Our Advancement VP would like to restrict a portion for a facility project and then keep the rest unrestricted. My accounting office says that this full gift can only be unrestricted, the way it is worded. To me it reads that we may use the gift in any manner we see fit as long as it's appropriate to the mission.

    Thoughts? Thank you!

    Kelly



    ------------------------------
    Kelly Hallock
    Warren Wilson College
    khallock@warren-wilson.edu
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  • 2.  RE: To restrict or not restrict, that is the question

    Posted 8 hours ago
    Nowhere does the statement indicate the funds must be "unrestricted," historically meaning the annual fund. 

    Interestingly, the newer accounting definition of "unrestricted" means the funds aren't limited by donor stipulations and can be used for any lawful purpose of the organization!

    The bequest only states you may use the funds in any manner you wish that's mission-related. This means you can do whatever you want with them, including restricting a portion.

    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: To restrict or not restrict, that is the question

    Posted 8 hours ago
    That's what it sounded like to me but just wanted to double-check.

    Thank you!
    Kelly






  • 4.  RE: To restrict or not restrict, that is the question

    Posted 6 hours ago
    The only legal source of restriction, from an accounting perspective, is the donor. If the donor does not restrict the gift, the funds are unrestricted. Those funds can be internally earmarked or designated, but that's a budgeting issue, not an accounting issue. However, it is not typically the role of an advancement leader to determine how unrestricted money ought to be spent. 

    Isaac Shalev
    Data Strategy Expert
    (917) 859-0151
    isaac@sage70.com

    Autocorrect was used in composting this email, please excuse any typos






  • 5.  RE: To restrict or not restrict, that is the question

    Posted 3 hours ago

    That's my understanding as well, Isaac.

    "Restricted" in accounting means the usage is constrained by an outside source, so that the organization is not free to use the funds for any purpose beyond that stipulated by the restriction.  "Only the donor can restrict" is the shorthand version of this.

    However, as Isaac and John both say, that doesn't mean that the organization has to put the gift into the annual fund.  One common practice for large unrestricted estate gifts is to put the funds into a quasi-endowment, which functions in the same way as funds restricted by donors to the endowment, but which is not actually restricted, from an accounting/governance perspective. 

    So while you are free to spend a portion of the funds on a facility project, or to designate a portion of the funds for a facility project, you're not actually "restricting" the funds for a facility project.

    My US$0.02 worth; the usual disclaimers apply.

    Good luck!

    Alan

     

    Alan S. Hejnal

    Data Quality Manager

     

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  • 6.  RE: To restrict or not restrict, that is the question

    Posted 3 hours ago
    The Quasi-Endowment protocol is ideal. It also addresses the issue of not allowing one person decide where funds can go. Moving money out of the Quasi requires a Board vote, ensuring that the decision has been appropriately vetted and agreed to.

    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







  • 7.  RE: To restrict or not restrict, that is the question

    Posted 3 hours ago
    Thanks...so it sounds like it's best not to put some of the money towards our pool campaign? Either annual fund or quasi?

    Am I taking it too literal when the letter reads that we may utilize the funds in any way that furthers our mission?






  • 8.  RE: To restrict or not restrict, that is the question

    Posted 3 hours ago
    I believe we all agree there are no restrictions on using this bequest. We also state that no single individual should decide how to use the gift.

    My advice is to present a formal proposal to the board to decide how to handle the bequest. I like the Quasi-Endowment idea, and perhaps the board will too. But if they are not ready to take that step, you should provide a list of possible uses for the donation.

    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







  • 9.  RE: To restrict or not restrict, that is the question

    Posted 2 hours ago
    Thank you everyone!