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Part One Part Two Part Three Part Four
Model Standards of Practice For The Charitable Gift Planner*
Preamble
The purpose of this statement is to encourage responsible
gift planning by urging the adoption of the following Standards
of Practice by all individuals who work in the charitable
gift planning process, gift planning officers, fund raising
consultants, attorneys, accountants, financial planners, life
insurance agents and other financial services professionals
(collectively referred to hereafter as "Gift Planners"),
and by the institutions that these persons represent. This
statement recognizes that the solicitation, planning and administration
of a charitable gift is a complex process involving philanthropic,
personal, financial, and tax considerations, and as such often
involves professionals from various disciplines whose goals
should include working together to structure a gift GI-28
Page 9 of 10 that achieves a fair and proper balance between
the interests of the donor and the purposes of the charitable
institution.
I. Primacy of Philanthropic Motivation
The principal basis for making a charitable gift should be
a desire on the part of the donor to support the work of charitable
institutions.
II. Explanation of Tax Implications
Congress has provided tax incentives for charitable giving,
and the emphasis in this statement on philanthropic motivation
in no way minimizes the necessity and appropriateness of a
full and accurate explanation by the Gift Planner of those
incentives and their implications.
III. Full Disclosure
It is essential to the gift planning process that the role
and relationships of all parties involved, including how and
by whom each is compensated, be fully disclosed to the donor.
A Gift Planner shall not act or purport to act as a representative
of any charity without the express knowledge and approval
of the charity, and shall not, while employed by the charity,
act or purport to act as a representative of the donor, without
the express consent of both the charity and the donor.
IV. Compensation
Compensation paid to Gift Planners shall be reasonable and
proportionate to the services provided. Payment of finders
fees, commissions or other fees by a donee organization to
an independent Gift Planner as a condition for the delivery
of a gift are never appropriate. Such payments lead to abusive
practices and may violate certain state and federal regulations.
Likewise, commission-based compensation for Gift Planners
who are employed by a charitable institution is never appropriate.
V. Competence and Professionalism
The Gift Planner should strive to achieve and maintain a high
degree of competence in his or her chosen area, and shall
advise donors only in areas in which he or she is professionally
qualified. It is a hallmark of professionalism for Gift Planners
that they realize when they have reached the limits of their
knowledge and expertise, and as a result, should include other
professionals in the process. Such relationships should be
characterized by courtesy, tact and mutual respect.
VI. Consultation with Independent Advisers
A Gift Planner acting on behalf of a charity shall in all
cases strongly encourage the donor to discuss the proposed
gift with competent independent legal and tax advisers of
the donor's choice.
VII. Consultation with Charities
Although Gift Planners frequently and properly counsel donors
concerning specific charitable gifts without the prior knowledge
or approval of the donee organization, the Gift Planners,
in order to insure that the gift will accomplish the donor's
objectives, should encourage the donor, early in the planning
process, to discuss the proposed gift with the charity to
whom the gift is to be made. In cases where the donor desires
anonymity, the Gift Planners shall endeavor, on behalf of
the undisclosed donor, to obtain the charity's input in the
gift planning process.
VIII. Description and Representation of Gift
The Gift Planner shall make every effort to assure that the
donor receives a full description and an accurate representation
of all aspects of any proposed charitable gift plan. The consequences
for the charity, the donor and, where applicable, the donor's
family, should be apparent, and the assumptions underlying
any financial illustrations should be realistic.
IX. Full Compliance
A Gift Planner shall fully comply with and shall encourage
other parties in the gift planning process to fully comply
with both the letter and spirit of all applicable federal
and state laws and regulations.
X. Public Trust
Gift Planners shall, in all dealings with donors, institutions
and other professionals, act with fairness, honesty, integrity
and openness. Except for compensation received for services,
the terms of which have been disclosed to the donor, they
shall have no vested interest that could result in personal
gain.
* Adopted and subscribed to by the National Committee on
Planned Giving and the American Council on Gift Annuities,
May 7, 1991. Revised April 1999.
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