Naming & De-Naming Policy (Facilities, Halls, Seats, Programs)
A board-adoptable policy governing how naming opportunities are priced, granted, documented, and removed — directly addressing the 'Sackler problem': what mechanisms allow a name to be removed when a donor's conduct creates harm.
Draft: pending review
This starter document is signed off by Arts nonprofit counsel (naming-rights/contracts) + CFRE before it ships. The guardrails below define that review.
What’s inside
- Naming-opportunity schedule and gift-threshold guidelines
- Term vs. perpetuity distinctions tied to gift size and the named asset's useful life
- Standard naming-agreement template with morality/reputational-harm and de-naming triggers
- De-naming decision framework: standards, board approval, donor notice, communications plan
Legal & ethical guardrails
The sector-specific compliance points this document must honor.
- Naming rights are contracts: without an express morality/de-naming clause, removing a name can breach the agreement (the Sackler-era lesson)
- Perpetuity promises are hard to honor through renovations or replacement; use duration/useful-life language and reserved rights
- Where a name is tied to a restricted/endowed gift, removing it can be a modification of a restricted gift requiring donor consent, state-AG notice, or court approval under UPMIFA/cy-près. Reserve a right to re-name on renovation/replacement in the gift instrument; legacy agreements lacking a morality clause are the hard case (the Sackler problem)
- Apply consistent, pre-published standards to avoid claims of arbitrary or viewpoint-based removal; document board deliberation
Held for professional review.
The native DOCX and full working text ship only after sign-off by Arts nonprofit counsel (naming-rights/contracts) + 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.