|
To encourage the establishment of charitable trusts, the Foundation may, as is allowed under law, act as trustee and absorb the costs of trusteeship of those trusts, so long as the remainder interest primarily benefits the Foundation. These costs include, but are not limited to, the costs of investment management of trust assets, audit and accounting fees, custody and other administrative fees, and fees paid to co-trustees or successor trustees should the Foundation, in its sole discretion, determine that sharing the responsibilities of trusteeship would be in the best interests of The Foundation or the trust beneficiaries. According to regulations issued by the Internal Revenue Service, the following fees shall not be absorbed by the Foundation: legal fees, accounting or other fees necessitated by the nature of assets donated to the trust, or the direct costs of investing trust assets such as commissions paid for the sale of securities or real property. A trust must allocate at least fifty percent (50%) or more of its remainder interest to the Foundation in order for it to be considered as primarily benefiting the Foundation and not cause the Foundation to compete with commercial trustees. The Executive Director shall ensure that all assets held in trust are invested so as to produce results consistent with the mutual best interests of the donors and the Foundation. The Executive Director shall report, as directed by the Board of Trustees regarding the state of these investments. Following the approval of a gift, the Director shall determine and report to the full Board of Trustees for approval a course of action for the investment of trust assets. Insomuch as it may be accomplished according to law and regulation, the Director may utilize the services of financial professionals who serve the donors who establish charitable trusts. The Director is authorized to terminate said relationships should they no longer serve the best interests of the Foundation or the beneficiaries, or conflict with the Foundation's duties and responsibilities as trustee. In the event that a donor who establishes a charitable trust has no preference for trust investments, the Foundation may utilize the services of the investment manager engaged to manage the Foundation's own assets or to utilize other services to accomplish the objectives of the trust. In its role as trustee, the Foundation shall abide by the provisions of any trust document, which is approved as provided in these policies. Unless approved by the Executive Director after receiving advice from the Foundation's legal counsel, only trust documents prepared by the Foundation's counsel may be offered to donors and their advisors. |
