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MODEL STANDARDS OF PRACTICE
FOR THE CHARITABLE GIFT PLANNER
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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 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 ADVISORS
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 advisors 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
gift 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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