B.1. Letters and Deeds of Gift
January 1989
Development Policy and Administration Manual
Chapter IV. Gift Administration Procedures
Section B. Documenting Gifts
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LETTERS AND DEEDS OF GIFT
Gifts to the University are normally accompanied by a letter or
deed of gift from the donor that specifies the use to which the
gift is to be put. Under California law, gifts of community
property require the consent of both spouses. A non-consenting
spouse can revoke his or her community interest in such a gift.
It is therefore in the best interests of the University to secure
the signatures of both spouses for all significant gifts.
Ideally, a letter of gift should include the following points for
ease in administering the fund:
- clearly state the donor's intention to make a gift;
- include a brief description of the gift (e.g., cash,
shares of stock);
- declare that the gift is irrevocable (under California
law, a gift is considered revocable unless the donor
specifies that it is irrevocable);
- identify the campus for which the gift is intended;
- the type of fund (i.e., for current use, loans, or
endowment) and, if an endowment is to be established,
authorization for The Regents to combine the gift with
other funds for investment purposes; and
- include a specific designation of the purpose or
purposes for which the gift is to be used.
Following are texts for several sample letters and a deed of gift
that have been approved by General Counsel.
Unrestricted Gift
"I/We enclose my/our check for $ payable to The
Regents of the University of California. This is an irrevo-
cable gift and shall be used at the
campus to further the goals of the University as The Regents
in their discretion deem appropriate."
LETTERS AND DEEDS OF GIFT
Restricted Purpose Gift
"I/We enclose my/our check for $ payable to The
Regents of the University of California. This is an irrevo-
cable gift, and shall be used for (specify
purpose) at the campus." (For
example: ". . . shall be used for scholarships for needy
undergraduate students. . .")
Gift Designated for Endowment
"I/We enclose my/our check for $ payable to The
Regents of the University of California. This is an irrevo-
cable gift, and may be combined with the University's other
funds for investment. The income only from this gift shall
be used to further the goals of the University at the
campus as The Regents in their discretion deem
appropriate. The endowment fund established with this gift
shall be known as the ` Fund.'"
Gift Restricted as to Campus, Purpose, and for Endowment
"I/We enclose my/our check for $ payable to The
Regents of the University of California. This is an irrevo-
cable gift, and may be combined with the University's other
funds for investment. The income only from this gift shall
be used at the campus of the University
for (specify purpose) . The endowment
fund established with this gift shall be known as the `
Fund.'
"If at any time in the judgment of The Regents it is imprac-
tical or impossible to carry out this purpose, then the
income from this gift shall be used at the discretion of The
Regents for such other purpose as they determine to be con-
sistent with my interests and intentions."
Sample Deed of Gift (Tangible Property Gifts)
A sample Deed of Gift form for gifts of tangible property
may be found on the following page.
DEED OF GIFT
I (We) hereby give, transfer, and deliver to The Regents of the
University of California the property described below, which I
(we) own:
The value of this property is $_________________, as determined
by ____Donor ____Qualified Appraiser. (Written appraisals are
required to substantiate tax deductions for gifts valued in
excess of $5,000.)
This is an irrevocable gift, and shall be used at the
_____________________ campus for the following purpose:
(complete purpose)
_____________________________ ______________________________
Donor Donor
_____________________________ ______________________________
Date Date
DEPARTMENTAL APPROVAL
Department:
Signature: Date:
Title:
ACCEPTANCE
Signature: Date:
Title: