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Conditional Donation Agreement Template for United States

A Conditional Donation Agreement is a legally binding document used in the United States that establishes the terms under which a donor transfers assets or funds to a recipient organization, subject to specific conditions or restrictions. The agreement outlines the purpose of the donation, conditions for its use, reporting requirements, and circumstances under which the donation might be returned. It incorporates federal tax laws, state-specific charitable giving regulations, and includes provisions for compliance with IRS requirements.

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What is a Conditional Donation Agreement?

The Conditional Donation Agreement serves as a crucial legal instrument in the United States for donors who wish to make charitable contributions while maintaining control over how their donations are used. This document type is particularly important when substantial donations are made with specific purposes or restrictions in mind. The agreement details the donor's intentions, recipient's obligations, and conditions that must be met for the donation to remain valid. It typically includes provisions for tax treatment, reporting requirements, and potential reversion of the donation if conditions are not met. The agreement must comply with both federal tax laws and state-specific charitable giving regulations.

What sections should be included in a Conditional Donation Agreement?

1. Parties: Identification of donor and recipient organization

2. Background: Context of donation and charitable purpose

3. Definitions: Key terms used throughout the agreement

4. Donation Details: Description of donated assets/amount

5. Conditions: Specific conditions attached to the donation

6. Use of Donation: Permitted and restricted uses

7. Reporting Requirements: Recipient's obligations to report on use of donation

What sections are optional to include in a Conditional Donation Agreement?

1. Tax Provisions: Special provisions regarding tax treatment of the donation and required documentation

2. Recognition Rights: Terms regarding donor recognition, naming rights, and public acknowledgment

3. Return of Funds: Conditions and process for return of donation if conditions are not met

What schedules should be included in a Conditional Donation Agreement?

1. Schedule A - Asset Description: Detailed description of donated assets or funds

2. Schedule B - Conditions: Detailed list of conditions and requirements for the donation

3. Schedule C - Reporting Template: Format and requirements for progress reports

4. Schedule D - Recognition Details: Specific terms and requirements for donor recognition

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Document Type

Donation Agreement

Cost

Free to use

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