Gift Acceptance & Naming-Rights Policy
A board-adoptable policy governing what gifts the institution will accept and how naming opportunities are approved, priced, and revoked — central to reputational and legal risk management.
Draft: pending review
This starter document is signed off by Higher-ed general counsel + VP for advancement (CASE); board/governance approval before it ships. The guardrails below define that review.
What’s inside
- Acceptable vs. reviewable vs. prohibited gift types (real estate, closely-held stock, crypto, in-kind, life insurance)
- Naming thresholds by asset class and the pledge-payment schedule required before a name is affixed
- Model naming clauses: term/duration, revocation, morality, renovation-or-demolition triggers
- Due-diligence/source-of-funds screening and gift-declination procedures
Legal & ethical guardrails
The sector-specific compliance points this document must honor.
- Naming-rights agreements are enforceable contracts — explicit revocation/morality and demolition clauses are essential
- Removing a name promised 'in perpetuity' without a reserved right can breach contract and trigger litigation
- Screen source of funds and reputational risk (AML/OFAC; for public institutions, HEA §117 foreign-gift reporting) — a tainted gift rarely by itself revokes §501(c)(3); the real exposure is reputational and legal. For non-cash gifts add Form 8283 (donor appraisal >$5,000) and Form 8282 (charity sale within 3 years), crypto as property needing a qualified appraisal (Notice 2014-21), and CERCLA/Phase I + UBIT/§514 screens for real estate
- Naming tied to an endowed fund must reconcile with UPMIFA restrictions and the underlying gift agreement
Held for professional review.
The native DOCX and full working text ship only after sign-off by Higher-ed general counsel + VP for advancement (CASE); board/governance approval 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.