Deaccessioning Ethics Policy (Museums / Collecting Institutions)
A collections-governance policy defining when and how objects may leave the permanent collection and — the ethical crux — strictly limiting use of any proceeds, aligned with AAM and AAMD standards to protect accreditation.
Draft: pending review
This starter document is signed off by Museum counsel (deaccessioning/cultural property) + accredited registrar/CFRE before it ships. The guardrails below define that review.
What’s inside
- Criteria and approval workflow for deaccessioning (curatorial rationale, committee/board sign-off)
- Use-of-proceeds restriction limiting funds to acquisition (and, per AAM, direct care) — never operations
- Method-of-disposal hierarchy and conflict-of-interest bars on staff/board acquiring objects
- Provenance, title, cultural-patrimony, and repatriation (NAGPRA) checks before disposal
Legal & ethical guardrails
The sector-specific compliance points this document must honor.
- AAMD limits proceeds to acquisition of art; AAM permits acquisition and 'direct care' — using proceeds for operations risks sanctions and lost accreditation
- Honor donor restrictions; disposing of a restricted object may require donor consent, AG notice, or cy-près/court approval
- Screen for cultural-property, NAGPRA, and international patrimony obligations before any sale or transfer
- Guard against self-dealing: trustees, staff, and insiders should be barred from acquiring deaccessioned objects
- If an object was received as a charitable gift and is deaccessioned/sold within 3 years, file Form 8282 and note the donor's related-use deduction (§170(e)(1)(B)(i)) may be reduced/recaptured. Require a written definition of 'direct care' so it is not stretched into operating support
Held for professional review.
The native DOCX and full working text ship only after sign-off by Museum counsel (deaccessioning/cultural property) + accredited registrar/CFRE on this exact version. The summary and review requirements remain visible in the meantime.
Not legal advice. Not legal, tax, or accounting advice. The Fundraising Co. provides educational fundraising materials and is not a law firm; nothing here creates an attorney–client relationship or substitutes for advice from professionals licensed in your jurisdiction. Laws and IRS rules vary by state and change over time. Review every document with qualified counsel before use.