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Fact & Commentary: Charitable IRA Rollover Extended, Part II

Crossword puzzle and pencil

Yesterday I explained the nuts-and-bolts of the extended Charitable IRA rollover. That was the facts: Fact & Commentary: Charitable IRA Rollover Extended, Part I. Today I’ll spend time on how to promote this and weave it into your other fundraising channels.

Today is . . .

The Commentary

Who Are The Prospects. You need prospects over 70. If they’re on your board, send an email blast with basic information and follow-up by phone. Make it a short agenda item in your next meeting to encourage participation. Ideally, a board member who made an IRA gift to you stands up in the meeting and encourages colleagues to do the same.

For non-board members, send an email blast if you have addresses. Then follow-up with paper mail. I’d wait until just after the new year. The odds of getting one of these closed before year-end are small. You’ve got enough going on in the next two weeks–don’t kill yourself by adding this. Besides, January gifts can be dated December 31.

On the other hand, if you’re actively talking to appropriately-aged prospects about their end of year giving, bring it up with them quickly.

After the new year, look to donors with multi-year pledges. This might be a way of accelerating payment in 2011. January gifts can be dated December 31, up to $100,000. An additional 2011 gift can be made up to the same amount, so that one donor can rollover $200,000 to you in 2011 (half dated 12/31/10 and the rest dated in 2011). If your donor has a spouse, together they can rollover $400,000 next year, if they start in January.

Finally, look to other IRA gift prospects. Don’t dismiss those not at the two- to four-hundred thousand dollar level. In 2007 we had a college client achieve nearly 20 gifts in four and low five-figure amounts. Wisely, they welcomed each to their planned gift recognition society.

How To Promote. Use all your communications channels. I single out for mention, sidebars in materials that go to wide audiences. You probably don’t want to devote full blown article space to this if only a small percentage of your constituents are the right age. In your sidebar, include your legal name and federal tax ID number so prospects can convert themselves to donors without having to talk to you, but provide contact information so they can talk if they’d like to.

Can you afford printed direct mail? Do it. Those over 70 still respond to the written personal letter.

Do you talk to your elder constituents on Facebook? I covered this in my NextGen:Charity workshop, Planned Giving & Social Media. Their video isn’t up yet, but my slides are: Planned Giving & Social Media. The FB penetration rate among those 60 and over is growing steadily, but is still less than half. If you’ve engaged your elder prospects on social media properties, this is an ideal topic because it’s strictly age related. I think this is a considerable growth area for Planned Giving.

Integrate With Annual Appeal. If you send annual appeals, next year include a one-third-of-a-page buckslip with information about making the annual gift through an IRA. Include your legal name and tax ID number, and a contact name and number. Maybe a tease printed on the carrier envelope flap?

Integrate With All Giving. In whatever way you define your fundraising team members, get them all comfortable opening the door to a conversation about IRA giving. It should be standard protocol when they’re talking to prospects over 70. Many, many unassuming “middle income millionaires” are among us. They had careers as teachers, postal workers and nurses, and in their working years they put a lot of money into retirement accounts. Raise IRA giving with them over lunch in their kitchen, in seminars and on the phone.

Take the opportunity to expand the conversation. Talk about naming your nonprofit as a beneficiary of an IRA. I explained this in a 2006 newsletter when the Pension Protection Act first approved qualified charitable distributions. In this newsletter, scroll down to the “Planned Giving” heading.

Not Necessarily A Wash. Here’s something that may come up while you’re talking about this in 2011. I have been asked many times in meetings and seminars, and occasional prospects will raise as an objection to your solicitation, “Isn’t doing a charitable IRA rollover the same as making an IRA withdrawal, paying the additional income tax, making a gift, and claiming the charitable deduction? Doesn’t the deduction offset the tax, making it a (tax neutral) wash?”

Not necessarily, for four reasons.

      1. Non-itemizers. Those who don’t file Form 1040 can’t claim the charitable deduction. They accept the standard deduction.

      2. State of residence. Some states (including New York) don’t allow charitable deductions from income. The deduction’s value would be lost for state income tax purposes.

      3. Income level. The addition to income might kick the non-IRA donor into a higher marginal tax bracket, while reduced taxable income might putt the IRA donor into a lower tax rate. Wouldn’t you rather be putted than kicked? Also, there are deductions, like medical expenses, tied to taxable income. The IRA donor–with lower taxable income–will be more likely to benefit from these.

      4. 50% cash donation limitation. Charitable deductions for gifts of cash are limited to 50% of adjusted gross income. The non-IRA donor might be up against this limit, and have to carry the deduction forward into future years. The IRA donor doesn’t worry about it.

Talk about IRA giving with your constituents who are the right age. Engage your prospects where they are hanging out: board meetings; on phone calls; reading mail at home; or on Facebook.

I’m interested to hear how your IRA giving is going in 2011. Keep in touch.

Fact & Commentary: Charitable IRA Rollover Extended, Part I

Deductions, Taxes and Tax Day

The Facts:

Your 2010 end-of-year giving season can include January 2011.

The Tax Relief Act signed by President Obama last Friday includes the long-awaited IRA charitable rollover. It allows donors over seventy-and-a-half to make a gift directly to your charity from their traditional or Roth IRA. January gifts can be claimed this year.

Please recognize that my analysis is based on my reading of the Joint Committee on Taxation Technical Explanation, without the benefit of IRS rulings, tax court decisions or other official guidance that has yet to come. I am not providing tax, accounting or legal advice. Donors must consult their own advisors to determine whether, and how, to make a charitable gift.

Old Law-Giving from IRAs. A charitable gift that originated from your donors’ Individual Retirement Accounts had to be treated as any other IRA distribution. Your donors reported the distribution as income, presumably in the same year they would claim their charitable deduction for gifts to your charity. Thus, your donors had to pay additional income tax and the distribution benefiting your nonprofit could have put them in a higher marginal tax bracket. Many of us know from personal experience that the tax payment on the additional income deterred most donors from giving from often over-funded IRAs.

That was the state of the law before August 2006, when the Pension Protection Act created the “qualified charitable distribution.” PPA, via extensions, continued through 2009. All this year, we’ve been under pre-PPA law, waiting impatiently for new law. Enter the Tax Relief Act of 2010, to revive direct IRA giving.

New Law-Giving from IRAs. The Act permits charitable gifts that originate from an IRA, without your donors having to report their IRA distributions as income. (These really are “distributions,” not rollovers. I’m using the vernacular for its recognition, but it’s not technically correct.) Here are the requirements for a qualified charitable distribution under the just-signed Act:

    1. 1. Your donor is at least 70 1/2 years old on the date of gift
      2. The IRA is a traditional or Roth
      3. Maximum $100,000 per donor per tax year, aggregated across all qualified distributions
      4. The IRA custodian makes a distribution directly to your charity
      5. The full value of the gift would be eligible for an income tax charitable deduction if it were not a qualified charitable distribution
      6. The dollars transferred would be includible in gross income if they were not within a qualified charitable distribution

Important Notes. Recognizing that 2010 has all but departed, the Act allows gifts in January 2011 to be reported by donors as if made on December 31, 2010. Your end-of-year giving from those 71 and over (let’s talk about age like people, not tax code) gets a one-month extension, if you have the consent of your gift processing office, CFO, auditors and gift crediting policy.

Your donors will find this significant. Amounts rolled over count against their annual required minimum distribution, and many elders are required to distribute to themselves (withdraw) more than they need. This isn’t as prevalent as it was in 2006 and 2007, because IRA balances used to calculate the minimum distributions are smaller than they were then, but overfunded IRAs still exist. After age 70 (OK, at 70 1/2) there’s a penalty for not withdrawing at least the required minimum, but your donors can work-off some of their required minimum distribution for 2010–in 2011– without increasing their 2010 gross income. Then they can do the same for 2011, in January, or anytime during the year. Only January qualified charitable distributions can count for 2010 or 2011, at your donors’ discretion.

(Interesting question: what if your donor is 70 1/2 when they make their January distribution, but wasn’t 70 1/2 on December 31? We’ll have to wait for guidance, or maybe we can presume IRS’s posture based on similar situations elsewhere. I’d say date of gift (12/31/10) controls, but that’s merely an early, and conservative, answer. Have an insight?)

January 2011 distributions that are claimed in 2010 also won’t impinge next year’s limit of $100,000. They’ll count toward this year’s maximum.

Fast-acting donors might prefer to rollover before December 31. I’m not fully confident that IRA custodians can accommodate that.

All charitable rollovers must be completed before January 1, 2012.

While traditional and Roth IRAs are eligible (and SIMPLE and SEP IRAs are not), the most likely gifts will come from traditional accounts. That’s because of number 6 above. Traditional IRAs are much more likely to be funded with dollars that would be included in gross income if not for the rollover, because those accounts are where contributions that are deducted from income (deductible) are made while working. Although Roth accounts cannot accept deductible contributions, there are true rollover scenarios where deductible dollars end up there. So, while it’s possible for Roth IRAs to hold dollars otherwise taxable on withdrawal, it’s not likely.

You may find it helpful to remember this generalization:

  • Traditional: Deductible from income on the way in, taxable on the way out.
  • Roth: Not deductible from income on the way in, not taxable on the way out.

The $100,000 annual maximum is per donor (IRA owner), not per retirement account.

Regarding number 4, while we were under the Pension Protection Act, the IRS explained in Notice 2007-7 that where a check payable to a nonprofit is delivered to the IRA owner by the account custodian, and the IRA owner delivers the check to the charity, the Service will consider that a direct distribution. I see no reason why that would not still apply.

Note also that distributions to supporting organizations and donor advised funds are not eligible.

Lastly, number 5 is significant. Qualified distributions are not charitable deductions from income. Instead, the tax advantage to donors is exclusion from gross income. Yet the gift amount must be such that it would be 100% deductible if it were not a charitable rollover, ignoring the 50% and 30% deduction limitations, and any income limitation that may apply.

That means your donors can’t use the charitable rollover to buy a table at your gala; or tickets to your sporting events; or pay for auction items. None of these gifts is 100% deductible. The deduction for each is reduced by the value received in exchange for the gift.

This requirement also disallows charitable gift annuities, remainder trusts and lead trusts. Neither earns donors a full face value charitable income tax deduction. (Their deductions are based on the present value of: what’s estimated to remain; estimated charitable remainder; and anticipated stream of charitable lead payments, respectively.)

The Commentary:

That’s Part II, tomorrow, when I’ll explain who’s a good prospect for an IRA rollover gift; give suggestions for promoting this to prospects (don’t forget your board–and Facebook); integrating this planned gift with your other fundraising channels; and why it’s not a tax “wash” when comparing this with an IRA withdrawal, then paying additional income tax, making a gift and claiming a charitable deduction. This might come up in your conversations with prospects and I can prepare you to answer that question (objection?) as you encourage rollover gifts in the coming months.

Check back tomorrow.

Nonprofit Radio for Dec. 17, 2010: Enviable eNewsletters & Bank of America High Net Worth Study

Update:

There were big technical problems on Friday, Dec. 17th, which kept the show from streaming. We recorded it, but it didn’t go out. So, the High Net Worth Study and Enviable Newsletters show will be streamed on New Year’s Eve, 12/31, during the regular show time. Also, we’re finally approved on iTunes, so this and other episodes will also be there for you to download and listen to after the broadcasts.

Big Nonprofit Ideas for the Other 95%

Compliance. Board relations. Fundraising. Technology. Volunteer management. Accounting. Finance. Marketing. Social media. Investments.

Every nonprofit faces these issues and big nonprofits have experts in each. Small and medium size nonprofits have Tony Martignetti Nonprofit Radio. Trusted experts throughout the country join Tony to take on the tough issues facing your organization.

Episode 20 of Tony Martignetti Nonprofit Radio for December 17, 2010

Tony’s Guests:
Scott Koegler, editor, Nonprofit Technology News.

Scott is our regular tech contributor.

Topic:
Enviable eNewsletters: How to create the strongest eNewsletters that move your donors & volunteers to action.

Claire Costello, the National Foundation Executive for Philanthropic Management at Bank of America Merrill Lynch.

Topic:
Bank of America High Net Worth Study: What’s in the numbers and what do they mean for you?

You can download the study here: 2010 Bank of America Merrill Lynch Study of High Net Worth Philanthropy and on the show’s media page.

Here is the link to the podcast: 022: High Net Worth Study & 7 Principles for a Successful Newsletter

When and where: Talking Alternative Radio, Friday, 1-2pm Eastern.

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Durney welcome to the show on the aptly named host of tony martignetti non-profit radio big non-profit ideas for the other ninety five percent, i’m back. I’m live back from bangladesh, sri lanka and thailand where was for the past two weeks? And during those weeks we had interviews from the national conference on philanthropic planning on the show this week, the bank of america, hi networth study claire costello, bank of america merrill lynch’s study expert is going to talk about the numbers in the high net worth study and what they mean for your fund-raising and donor relationships, who makes the giving decisions? What motivates high net worth donors to give? What do they expect from you after they give? And why do they sometimes stop giving to non-profits we’re going to talk about all of that with claire costello and then seven principles for a successful newsletter. Scott koegler, the editor of non-profit technology news and the shows technology contributor, joined me, joins me, scott and it’s a lot of newsletters. He’s not a one tech pony, if you will if you allow that pun, he has suggestions specifically seven principles for newsletter success in your communications that he’s going to share with us? There isn’t gonna be any tony’s. Take two this week. We need the time for the guests. So tt two returns next week on our christmas eve show, and after this break, the high net worth study, which is that interview recorded on site at buttercup bake shop, right down the street on west seventy second street here in new york. Stay with us after this break. Co-branding think dick tooting. Good ending. You’re listening to the talking alternate network to get you thinking. Nothing. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police call a set two one two nine six, four, three five zero two for a free consultation. That’s lawrence h bloom, too. One, two, nine, six, four, three, five zero two. We make people happy. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com way. Look forward to serving you. Hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com welcome back. I’m with claire costello now, and she is bank of america merrill lynch’s expert on their high net worth study. Claire is the national foundation executive for philanthropic management at bank of america merrill lynch, and there she is responsible for providing thought leadership and identifying best practices for films, tropic families and non-profit institutions. And i’m glad that her practice and banks study brings her to the show tonight. Claire, welcome. Thank you very much. Happy to be here. We’re on site, not in the studio. As you can tell by the sound of the recording. Claire, what is the the history of the bank’s study? Why do they what do they do this? Jai networks? Well, the bank considers it a very important part of i thought. Leadership for the sector behaviours in-kind worth individuals around giving over important because worth individuals are responsible for upwards of two thirds of all individual e-giving and as much as half of all giving, including corporate donations on other private donations. So it’s a very important segment of our e-giving population. A very influential segment. And it’s critical to understand. Thinking how they behaved and how they manifest e-giving behaviors miree e-giving season so this is the third iteration of the study it’s, a biannual study we partner with the center on flandez beat indiana university, which is a well regarded academic think tank around all things e-giving and we’re proud to have them as our research partner, so together with them, as i said, this is the third one, the first beginning in two thousand five, i’m looking into not only behaviors, but also that psychographic someone it’s, unlike e-giving usa, which is often compared to which looks quite importantly at the general populace, should not find it worth it at their demographic behavior, you know where they give how much they give. We delve into that as well as the cycle with the cycle graphics, meaning you know what their motivations are, what they’re thinking is around their particular gifts and behavior. So with that we’ve launched just now the two thousand ten study, which looks both at some of the long term training information, that bastard course of study and some new areas of inquiry that we’ve just been curious about thickly timely, of course, as always, we could ask so many more questions, but we don’t have time for a little study down every year, painfully to exclude some very interesting enquiries, but that would just simply don’t have time or money to enquire about. It would take any respondent hours to go into all the questions if we had our brothers, how many questions are there in this? I know the question count. I can’t recall what it was twelve pages of questions, okay, and what’s the methodology. How do you select the people that it’s sent to it’s actually the largest random study of its kind way? Do not pull our clients contrary to many other studies. Mrs of line study, conducted again by indian university on our behalf buy-in all nine digit zip codes, the attempt with great success too dahna you get into a rather insular segment of our of our society, that is to say behind it worth communities, and they do so with the response to this year study was five point six percent, which i’m which is up from last year, last of these four point three percent, so an increase in response rate, i am told by statisticians far and wide, that five point six well, a low number to a lay person has actually been running impressive response cerini particularly again, as i said, among his reverence, who are sick and how many people is the study center we mailed twenty thousand wait received in excess of a thousand responses back, some of which were eliminated to do too either offgrid dahna buy-in complete responses, our wealth, qualification levels, etcetera. And so i think the final count somewhere in excess of eight hundred between eight hundred nine, okay? And the centre at indiana university believes that this is all statistically valid, certainly in terms of confidence levels, it said absolutely, and where it’s not statistically significant, but where it was the loss of interest, even anecdotally, that is all indicated in the report. So anything reported here is appropriately labeled us it’s significant forces with meaning being on the data set well, let’s dive into the substance of her report. I know you’ve talked about this and a lot of different places. What are the highlights that you like to share with the audience? Keeping in mind our audience is small and midsize non-profits well, i think by large, despite the declines e-giving levels, that is to say there was a precipitous drop in average amount given by this kind of worth set of respondents to the tune of about thirty four, thirty five percent. So so, you know scharpnick line, however, think what there are several data points within the state that mitigate against that number. And i think taken as a constellation of data points really are quite heartening for non-profits and in particular, i’m referring to the fact that despite the drop in actual dollars, that respondent didn’t did demonstrated steadfastness and a deep sense of loyalty to the organizations they funded that we care this is seen in the fact that they did not stop giving to anymore organizations, and they have stopped giving to a previous study again, steady that they increased their volunteerism significantly, both in terms of the number of people volunteering and a number of hours that they volunteered, they report wanting the same things from their organizations in other words, they haven’t really yeah change course dramatically in turn, there’s, some jiggering off of what they’re seeking and why they choose a particular order organization but that’s really quite financially driven and not a material change, really. From previous years. So there are a lot of indications that forget it, that that they understand that given this counter cyclical and the first to meet the need, they’ve just done so with fewer dollars. But with no, no, no less bigger and dedication party talking alternative radio. Twenty four hours a day. Oppcoll are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed hi and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall? This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. I really need to take better care of myself. If only i had someone to help me with my lifestyle. I feel like giving up. Is this you mind over matter, health and fitness can help. If you’re expecting an epiphany, chances are it’s not happening. Mind over matter, health and fitness could help you get back on track or start a new life and fitness. Join Joshua margolis, fitness expert at 2 one two eight six five nine to nine xero. Or visit w w w dot mind over matter. Y si dot com. You’re listening to the talking alternative network. Well, i guess this claire costello, national foundation executive for a bank of america merrill lynch, and we’re talking about this year’s high net worth survey clear. How about some of the data points that you think your most interesting? Oh, they’re so money, way asked some some new questions this year that we hadn’t asked before one of particular duitz again heartening for your audiences that we asked, as between corporations, large and small government sectors, federal, state, local congress, etcetera on the non profit sector were respondents place the greatest confidence in solving domestic amglobal ills issues, and resoundingly, they placed their faith in the nonprofit sector, and government is quite lows and white low on dh this second behind the province was individuals themselves. So taken again in the aggregate what you with the story that that tells is that individuals together with non-profits they believe in are there they’re solution, teo navigating in the troubled world and so that that was, i think, a great active faith, an endorsement for the non profit sector. Yeah, very encouraging, your right. And in terms of the e-giving decisions, can we talk a little about who’s involved in the family e-giving decision? Sure, let me just say that the the banks are full study is on my blogged mpg devi dot com just go to the post for today’s show december seventeenth, and you’ll find the pdf that you can download, and i think claire and i are about to be talking about the chart on page seventeen called transmitting philanthropic values the role children or younger relatives play in charitable giving. How about that? Clear the family role in deciding where and in what ways to give sametz we saw we’ve seen excuse me continuously through the history of the study that there’s tremendous family involvement on dh we see primarily that high net worth individuals are are themselves transmitted these values of taking taking upon himself, tio educate their children of the next generation, or grandchildren would have you in the values and practices of e-giving so that has been a strong trend in terms of personal hands on teachings around giving we also seem we ask for the first time in this version of the study, about family traditions and and how net worth individuals are engaged family traditions by that i mean, you know what? Another person through e-giving volunteering some kind of holiday custom around e-giving dahna you know, in any discussion, frankly, your year long, depending how they manifest, they’re giving practices and the majority of mind of yours have at least one giving tradition. If not so, that was also, you know, evidence that the value of the practice now the culture of e-giving still very much alive now am i reading this right, though? Because this the figure six on page seventeen shows that about seventy two percent of families don’t involve children or younger relatives there? Is it mostly a couple’s decision? Well, it could be we asked again for the first time in an effort to kind of peer into the black box that is the kind of work household, how e-giving decisions were made in the vast majority, or made collaboratively forty one percent not only discussed with jointly, decide a smaller portion discussed collaboratively, and then one or the other of the couple would decide and there’s various sort of configurations thereafter, but in one form or another, the majority do collaborate, reflection, the numbers your chart that you’re referring to may, in fact be that the average age of the children in this case, old and varied. So some of these respondents responses excuse me, random, based on the demographics of our sample, which itself was random in terms of age of children, who’s involved so that the actual decisions may not have relatives. But the culture and around giving the transmission of that culture is very much alive and collaborative. Okay, what do we know? The average age of the respondents, the average age of the fundez in this study where sixty six years old okay, the majority, fifty one percent were retired. The average income level was between. I think the at the average income was ten point seven million dollars. Though our threshold for entrance to the study there, our definition of wealth was quite low. And we do that on purpose so that we can synch up with the irs studies in there for provider richard cross correlation there isn’t so but but even though we set with the wealth definition relatively low for the purposes of entering to the study again, the average networth proves to be quite high. City is ten points. Okay? And so talking about this collaborative nature e-giving the implication for non-profits is it’s important to involve the family? Certainly the spouse, if, you know, relate the primary relationship might be with the husband or wife, but involved the wife or the husband in your activities and even in your communications because e-giving is a collaborative decision, most definitely, and recent studies put out by the women’s flint against two coincidently also indiana university, not a part of this study, but recent data that i referring you two with biggers talks emphatically about how women are the well formers, in fact, in the respective glamarys very much the growing influence and have been for a long time, but increasingly so and in particular also responsible, more so than the man in the household for nurturing the value set of children. So by all means, if you are fund-raising out there make sure that at a minimum, you’re speaking to the woman in the household and all the better optimally to engage the entire family we’ve seen in this in our study, the time tested correlation between increased engagement with an organization and increase e-giving levels, so the more you could do to involve the family, the better. Off, you’ll be i’m with claire costello, national foundation executive for bank of america merrill lynch. We’re talking about the banks, high net worth study, claire let’s, talk a little about what donors expect from cerini lorts well, actually, before we go to the expectations of what they give of, where they give why they’re giving what some of the donor motivations are forgiving, the primary reason remains an altruistic on, which is that respondents indicated that they give at the rate of about seventy two percent in order to make a difference. And where do we go taxes for in this ranking of motivations, taxes are very much at the bottom, and they have been here a long time it’s very much a misconception that taxes dr e-giving they certainly our primary influencer and how you organize your giving? That is to say, whether you pick of foundation dahna advise fun or any other structures vehicle forgiving because the tax implications varied and very important infrastructure in your wealth and your e-giving that said it’s often been said that e-giving excusing the taxes will get you in the door, but they won’t keep you in the room that you need much more of a connection to stains that same e-giving and that’s been true. That said, this study was the first time in which we saw heightened sensitivity to any forecast changes in the tax. Yeah, there were questions about what might happen so it’s interesting to compare the actual motivations that donors claim taxes fall low, but in your questions about state tax, possible changes or elimination of charitable deductions, what were the results there again, we saw much more tenderness around those issues than we’ve ever seen in the past. You know, i’d like to think broadly that it’s not because of what the tax policy ultimately proves to be, but the uncertainty created by the chatter in washington that continues to this day on the overarching financial straits the country’s in so if you look at the the factors that influence e-giving three of the top four that were in place in our last study remain in the top four, with the exception of one which is feeling financially secure that moved up from the fifth slot to the second slideshare study so much time if you tie that exactly if you tie in that need. For financial security with tax question again, i think it all wraps around the fact that there’s uncertainty and then in certain certainly inform e-giving as well a cz many other things in our daily lives, so i don’t know we won’t know until the next study or until, in fact, the tech krauz has changed to look back and see whether it’s a causal relationship there, but it’s no surprise that they saw a heightened sensitivity around the tax questions both respected the income tax deduction in the state, tax elimination because they were very much up in the air and remain so as they said, today’s durney so let’s move to the to the expectations then donors have from the non-profits e-giving to what there’s a lot of sensitivity in the current environment around accountability, transparency, proper, proper practices and i think that’s reflected in your service. Yeah, again, i think the expectation of non-profits falling too broad categories good governance and personal attention and under the good governance spanner they donors are looking for demonstration of sound business and operational practices first and foremost. Secondly, that appropriate mount is spent on overhead and other administrative costs that’s a very big issue had had a measure what’s appropriate to put into program versus administration recognition that some charities do very on site work in very much on site work in foreign countries are going to have high overhead. Oh, sure, classic examples that is man most against drunk driving fremery cost, at least early on, was mailing costs, so it shows up on the straight and narrow, but is actually part of their mission in any way. So so just one example about how metoo keenan discerning eye behind those numbers because they are not meaningful in and of themselves, they need to be put in the proper context, but certainly and then also under the banner of good government, they want transparency and full financial disclosure. So another important thing to keep in mind as you publicize your annual reports and otherwise with your constituents under the banner of personal attention, donors are looking for their contributions to be acknowledged in a timely fashion, including receipts for any gifts, in-kind or monetary. Do we have some evidence that that receipts proper acknowledgment is not being made? I don’t know, except that they asked for it at the rate of eighty five percent. So we can’t draw any implication there that it’s not being done, maybe it is being done well and they appreciate it. Therefore they wanted to continue, so no, they don’t want their personal information distributed. They do want you to honor and anonymity where it’s requested, and they want request that the donors made for the use of the gift so pretty straight forward requirements. But they do want to make sure you’re on your toes dotting your i’s, crossing your teeth on all of those areas do you know if they were dahna survey questions that listed sameh areas of expectation that did not rank among the ones you just mentioned? In other words, are you familiar with questions that were actually asked him where their members to marry is that good? I’m just worried warrant too important to the donors? Yeah, i think you know, the smallest ranking came in it about five percent, and that was to offer involving with the organization, which is interesting when you look at the increase in the volunteerism i get, says it’s, volunteers are self starters that they will go ahead and forging your opportunity. Don’t need jared, although i would not take that indication percent residents truck non-profits not hyre don’t engage way see in other areas that personal engagement is very important and we’ll see if there is another dahna chart a data point that says emphatically they choose organizations based on their knowledge, their personal knowledge and insight, and engaging with an organization. So this may just be and in terms of what they actually expect a new organization to do, as opposed to what’s important to them. When when deciding mission so it’s a slightly different question, it might be nuance in that regard. There are other, more important things apparently, like sending a thank you note, like providing information about the organization effect all of those at about forty fifty percent, they all hover in the same department around what they expect. They certainly want communication around impact on effectiveness, and they all kind of resonate in around the same communication that is transparent that conveys thie progress made by the nonprofit organization toward accomplishment of their mission. That’s critical, the outcome, outcomes, outcome, communications, right wherever possible, how the gift of the donor roland and then also in that first section you talked about good governance, a lot of implications there for board members for development, proper board procedures around around accountability, financial issues, transparency, whistle blower. I mean, all these types of policies that air that are now becoming critical for non-profits to maintain that have been for a long time on the for-profit science? Yes, where’s that logical to go next after after looking at what well, i mean don’t expect is why they stopped getting to an organization. As i said, they stopped giving congested earlier, okay, stop giving any more organizations and they have stopped seven this is a pot no, showing that again they stood by, albeit with fewer dollars. They stood by organizations that they care about support. So number one up from about forty two percent last year to fifty last study to fifty eight point nine almost fifty nine percent this time around is that the donor was frequented fixes we solicited to frequently or inappropriate amounts. Wait, we don’t know whether that was in fact, done given needs the height needs of non-profits in a shrinking economy, our weather, the donor’s themselves also feeling financially constrain or perhaps more sensitive. To the asks, but at any rate it came up on the richter scale quite loud that they stop giving to our positions was too frequent or inappropriate solicitations, meaning amount and have it i’m sorry, tell us again, how did that compare to the survey? Two years ago, it went up from forty two percent to almost fifty nine percent. Thank you, and the second was that they decided to support other causes a tte the rate of about thirty four percent. This drops from fifty one on the last day third on the list is to where they stopped giving wass that their household circumstances change, and the reason that significant is because encompassed within that choice is losing your job using one of her house will incomes and the fact that that was not more oven influencing factor as to why folk stuff e-giving i think is an indication again that despite those circumstances within the household, that people stood by the organizations that they cared about in-kind i’m looking at page sixty five b after again the pdf is on my block and mpg a dvd dot com distorted post for today’s show on page sixty. Five figure, fifty. I see that three of of the reasons that high net worth household stop supporting organizations are within the organization’s control you mentioned to frequent solicitation or ask for the wrong amount. I also see organization changed leadership or activities on dh down the bottom. That still ten percent inaccurate recordkeeping. So three of these factors are well within the organization’s control. Absolutely. You’re listening to the talking alternative network. This is tony martignetti aptly named host of tony martignetti non-profit radio big non-profit ideas for the other ninety five percent technology fund-raising compliance social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr tony martignetti non-profit radio fridays one to two eastern on talking alternative broadcasting do you want to enhance your company’s web presence with an eye catching and unique website design? Would you like to incorporate professional video marketing mobile marketing into your organization’s marketing campaign? Mission one on one media offers a unique marketing experience that will set you apart from your competitors, magnify your brand exposure and enhance your current marketing efforts. Their services include video production and editing, web design, graphic design photography, social media management and now introducing mobile marketing. Their motto is. We do whatever it takes to make our clients happy contact them today. Admission one one media dot com hey, all you crazy listeners looking to boost your business, why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com durney let’s talk about it, the people who help donors make their giving decisions, people outside the family unprofessional professional advisors can you talk to that? The chart on page seventy one little bit? Sure, what we’re seeing in this study is compared to the last two, frankly, is continued trend away from thie advice of non-profit organizations staff in an across the board advisory capacity, so we’re seeing a trend, therefore, tours the consultation with traditional financial advisors like accountants, lawyers on and well structures wait, take this to be one of many data points in the study that together tell the story of a more sophisticated donor with more use e-giving vehicles we saw that e-giving peoples was the largest subset your recipient of dollars this year, up about twenty one percent over last year. So clearly donors are becoming more structured, more conservative about they’re giving. And so obviously when you’re when you’re doing that, you need financial advisors and well structures and tax accountants and lawyers to help you do that. That said, it is not that they don’t value the advice non-profits but they do so more in the context of mission formation and establishing a purpose for their e-giving and helping them two guys, the substance less so the form e-giving so we do see still an important role for non-profit letters buy-in and staff and advising purpose of the mission. Ilsen i see something interesting on this chart on page seventy one that piers or pure networks are actually more important to the donor buy-in in terms of mission, definition and creation, then are the non-profit person? Yeah, i mean it that’s not if you think, through just a social circle an actual tendencies in collaboration donors, particularly perhaps in this in this financial of society, and also non-profits are purposely and respectfully biased, and they, you know, they represented organizations they represent. So i think donors may understand that they may seek a sort of a broader network of piers and others, you are engaged with organizations to balance out those opinions. I mean, they do not differ by that much, i think no hyre non-profit personnel are consulted in this regard, about thirty seven percent, right and peers at about forty forty so it’s right close. But, you know, i think one should not underestimate the influence of pierre, so if you have in your constituents face someone who was connected, someone who has powerful, you’re network or roll index, you know any way that you could engage that person, a cz your advocate would put you in good stead, given the influence of pierce on this and non-profits are routinely encouraged to used boardmember zoho our donors to reach out to their own peered networks, and the evidence here is just that it doesn’t stop with bringing people in, but also throughout stewardship and cultivation process and gift closing process, his peers to be really valuable, absolutely again, that goes back to the volunteering statistics, personal engagement statistics and all of that kind of folds in on itself to say offgrid enlist in an effective way and invoke away some key donors. You will probably do yourself be more efficient way to attract more donors that counts buy-in fired-up kapin i see one thing a little disturbing is that non-profit personnel are providing about four percent, three point nine percent, to be exact of the tax and legal advice as a consultant, i’d rather that should said xero point xero hopefully that advice is not really substantive in detail well, we don’t know the nature of that device in particular, but i would imagine it is that’s. A fairly low percentage could be in the context of don’t advise. Fundez yeah, is this the simple differences in tax benefits between dahna advised funds and foundation, with fairly straightforward fact of him code. Our tax follow-up so again, dahna i don’t know what the precise nature point. We’re just in the remaining seconds. We have left anything you want to of closing conclusion with for the audience, um, only that it’s a very rich study and run seventy five pages long, and you can sort of a line that data and an infinite ways to tell many many different stories encourage your audience to have a look and feel free, of course, but any questions you may have, and we hope that it provides some assistance to you in your day to day work and know that hyre we as an institution or behind your work, this piece of leadership helps support you in doing so. Apparently, our donor is r two when they place an enormous amount of faith in your ability to do your job well and accomplish your mission. So thank you all of you for doing what you do every day. My guest has been claire costello, national foundation executive for films, opic management at bank of america merrill lynch and a reminder that you can download the full report for seventy five pages on my block and mpg geever dot com stay with us after the break, we’ll have scott koegler talking. About the value of e news letters to your organization. Stay with us. That was my pre recorded interview with claire costello on the bank of america hi networth study. You might have mention heard the background noise. I’m sure you did, just as i said earlier, that was pre recorded at our satellite studio in the buttercup big shop on west seventy second street because there was a little snafu here at the studio, but the show goes on and used my iphone actually to record that interview with claire, and i’m very pleased now to bring back a frequent visitor to the show. Scott koegler scott is the editor at non-profit technology news he’s, the show’s technology contributor, and he and its many newsletters he is not a one tech pony if you will allow that he’s here to talk about your communications and your newsletters and to share his seven principles for a successful newsletter. Scott, welcome back to the show. Well, thanks a lot, tony. Appreciate it. One of my favorite subjects, of course. And, uh, just i might just do a little bit of full disclosure here. Producing newsletters for organizations is my business, so i expected the things that i’m talking about today will be valuable to folks, and if they’re interested in knowing more, i’ll leave them to my site that said let’s, go what is the ok, what is the value of a newsletter just in case non-profit listening needs motivation? Why should they spend the time that it does take to produce a newsletter? It’s real simple, it’s, it’s communication non-profits pretty much like any organization need to communicate to their constituents, to their members, to the people that they’re serving and it’s in these days of kind of distributed environments, it’s pretty unlikely that everybody involved is going to actually meet at the same place at the same time. So, you know, there have been, uh, phone trees and and conference calls and those kind of things, and there have been paper newsletters for decades. Generation’s probably the new way of doing this is online or email newsletters, and so to answer your question, why do they need it? They needed to communicate so there the people that they’re serving and that they’re that they’re requesting help from no what’s going on and your seven principles, which we’ll get to. You very shortly applied toe to e newsletters as well as print they do. They’re they’re really for for news letters in general, but most of the work that i do is and is in online. Uh, some some small portion of the newsletters that i produced online actually do show up a cz as print, but that’s kind of a by product, okay? And your e book is seven principles for a successful newsletter. Why don’t you run down what the seven principles are? And then we’ll have timeto talk in detail about a few of them. Sure, let’s, just start at the top, and i think this is aside from being the first one, it’s also the most important one, and that is no and grow your audience, you need to be able to speak to the people that you’re talking to and in terms of things that they want to know, so you need to know who they are. The second one is to focus on the purpose, and that is be sure that the newsletters that you send out are actually talking about the things that that have to do with their constituents with your readership. The message points be clear about the things that you’re talking about. If you’re talking about a particular subject, stay on topic don’t wander all over the place. That’s really more of a general editorial, kind of a message there. Um, consistent content kind of goes along with message points. It really is e-giving quality information. Whatever it is, however you need to produce that. Make sure that it’s good that it’s uh, if it’s audio sure it’s good audio video make sure it’s good video if it’s text you know, be sure that you get the right people to write it. And that it’s been edited a call to action number five ask ask your people to do whatever it is that you are intending for them to do. If you have constituencies that you’re looking for donations, we clear about that? Ask them, um, number six consistent delivery and that really has to do is just producing your con your newsletters on time at the same frequency rate all the time. Don’t start out saying you do it. Going to do a weekend equally newsletter and do too, and then don’t produce one for another six months on. The seventh one is has to do more with the users, and that is a user. Options provide options. Some people like to get, uh, text rather than html in their email and as your email lists growed there’s the topic called segmentation, where you send one version of your newsletter to one group and another two another duitz so those are the seven principles in a real quick rundown, you said knowing your audience is probably the primary, what do non-profits need to know what information do they need to know about their audience before they can produce on effective newsletter using the other six principles non-profits air in a kind of a different position in that if they have people that have signed up as members or have signed up to receive their newsletter, you have a pretty good indication that they already are interested in the kind of things that that non-profit is is doing so you have a little lead on the set up there, so just be sure that the things that you’re talking about are are pertinent to those folks, and then the of the second part of that is grow your audience so you want to be sure that the people that you’re talking to i have the ability to forward your email, to ask their friends and associates to also sign up for your newsletters and just, in other words, spread it. This is a fight, hopefully a viral kind of an approach to spreading your word. Scott. We have just about a minute before ah break should non-profits on lee send to people who have opted in absolutely, absolutely otherwise is called spam, okay, so so the non-profit needs to have a process for having people opt in, expressed their preference to receive this newsletter. Exactly right, exactly. Okay, we’re going to take a break. My guest is scott koegler he’s, our regular tech contributor, but today we’re talking about his e book. Seven principles for a successful newsletter would take a break. Please stay with us. Talking alternative radio twenty four hours a day. Are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall? This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. Buy-in i really need to take better care of myself. If only i had someone to help me with my lifestyle. I feel like giving up. Is this you mind over matter, health and fitness can help. If you’re expecting an epiphany, chances are it’s not happening. Mind over matter, health and fitness can help you get back on track or start a new life and fitness. Join Joshua margolis, fitness expert at 2 one two eight six five nine to nine xero. Or visit w w w dot mind over matter. Y si dot com. Cerini upleaf do you want to enhance your company’s web presence with an eye catching and unique website design? Would you like to incorporate professional video marketing mobile marketing into your organization’s marketing campaign? Mission one on one media offers a unique marketing experience that will set you apart from your competitors, magnify your brand exposure and enhance your current marketing efforts. Their services include video production and editing, web design, graphic design photography, social media management and now introducing mobile marketing. Their motto is. We do whatever it takes to make our clients happy. Contact them today. Admission. Wanna one media dot com? Dahna metoo welcome back. I’m talking to scott koegler about his e book seven principles for a successful newsletter. Scott, just following up on what we touched on the break right before the break, this methodology for opting in what’s your recommendation for how non-profits should set that up so that people can do so uh, the most straightforward ways to put a link on the website that so sign up for our newsletter that’s a pretty standard thing, and it’s, a byproduct of the mailing list service that, uh, i’m guessing any of the non-profits that already have newsletters are using it’s, not it’s something it can be set up just my way of saying where to get more information on this. If you go to your company newsletter dot com uh, the westerns khun sign up for this book that i’m talking about, a lot of what we’re talking about is in there, um, there’s, another option for requesting your constituents to sign up for the newsletter, and that is that if you have meetings, if you have actual physical gatherings, you can have a sheet that has people give their email address and, you know, check a mark that says i want to sign up if you do any any connective ity with your with your constituents by email, it’s just notices and updates. You can ask them in those emails to sign up and provide them a link to go sign up, and those are probably the best way of doing it. Ok? And also, if you’re sending direct mail that’s, not a newsletter, but if you’re sending solicitations or some other piece of direct mail it’s very common to have a reply piece and one of the checkoffs on that reply, peace could be include me on your your newsletter or your e newsletter list, right? And actually, this time of year, i know that non-profits will be something out there statements for the end of year latto contributions, so this will be a perfect time to add a separate little sheet in the envelope says you know, whatever it is, sign up for our newsletter, go to this site on on the on a website or just give us your email address on this one. You mail it back to us, your next couple of purpose is that next to focus on the purpose and the on message maybe we could talk about those together. You have them as separate. What do you ah out encouraging non-profits to do around those two. Those two principles? Well, yeah, they are. They’re tightly related if you have whatever your topic is for your non-profit focus on that focus on the purpose and in fact, and miners letters when i send them out, i used is a very abbreviated format. I only send about two to three articles in my newsletters, and they’re very focused on one specific issue. So i mean, you mean all the all the articles are on one one on one subject? Exactly. Okay, now, that doesn’t have to be the same all the time. But be sure that if your if your title of your newsletter talks about e-giving for the year, be sure that you have at least two or three of the articles in there talking about giving and what what what’s come from that what you’ve accomplished e-giving what’s your recommendation for the length of these articles. Um, typically i go for anywhere from three to five hundred words short articles. I think everybody is pressed for time anymore and a lot of us have very short attention spans. So five hundred words is about the limits and maybe six or seven if it’s something that really needs to be covered. That’s outside. Yeah, that should be the exception. The six, six hundred or more. It sounds like. And what about the use of photographs? Oh, yeah. Tony photographs. In addition, teo video and audio. You make a lot of use of those kind of content piece it’s. So easy to get video anymore. Everybody has a a digital video camera or just telephone line up with with a video cam in it. Uh, photographs are great. I used photographs, especially as intro pieces for the for the articles. So there’s kind of a thumbnail image at the lead of every article, just to give it the full context and a little something to look at. And that video doesn’t have to be high quality. Like you said, people have cell phone videos, right? Sometimes the the low production value video can be most interesting. It is, and it has it has more to do with context. So if you have something it’s pertinent to your recipients, foul means used that. I tell you, one secret to this is audio is really the most important part of a video, so if you could get good audio, uh, you got ninety percent of the maid and the video kind of people will follow along, and i’m thinking even outlet’s major news outlets like cnn, they’ll they’ll broadcast cellphone quality video because it’s me, it’s, it’s breaking news. Yeah, exactly. So that it has more to do with content and what people can see than anything else. And on the photos. Do you recommend the use of stock photos? Are they okay? Stock photos are great. They they are, you know, by nature generic. So if they illustrate the point properly, then that’s. Fine. Uh, if you have photos of events and, you know some of your members, whatever it is that the projects that you’re doing, those are much better because they actually give your recipients some connection to the project. And we’re bleeding over into the next of your principles, which is quality content. Anything else that you want to say about that we’ve already already gotten into it? A little bit. You know, the old saying content is king it’s. If you don’t have something that’s worth reading, people will figure that out pretty quickly, so just make sure it’s good and one of the things that i get called on quite a bit for is help with creating content, not organizations have writers now that’ll organizations most organizations don’t have time to create content, so they call on us to create that for them, and i then neither do some writing myself or i call on freelancers that i know that turn a whole variety of different specialties, and we go through an editorial process to make sure that the content suits the medium, talks about the message and is of the highest quality i’m talking to. Scott koegler he’s, the author of the e book seven principles for a successful newsletter and of course, these are regular tech contributor, but today we’re talking about his role as a newsletter editor in lots of realms, not just for non-profit technology news scott, it sounds to me like if an organization thinks they may not be ableto spend the time to develop content every other week, or even every month they shouldn’t commit to a weekly or a monthly newsletter. Maybe they should maybe for them, quarterly is sufficient or every other month. Yeah, absolutely. There are. The frequency rate is is really up to the organization. And whatever it is that you that you described to say that it’s monthly be sure that you could make that commitment. I always suggest that people, especially for doing it themselves, commit to a longer period in between. So maybe it’s every two months, maybe its quarterly. Of course, if they’re contracting for services on dh, they’re using, you know, service like myself. Then, you know, just tell us what to do, and we will meet those deadlines. So it really depends on what kind of capabilities you haven’t house and what kind of commitments were able to make. Scott, we have just a couple of minutes left. I would like to try to get to all seven of your principles. The next one is a call to action, i think that’s self explanatory. But is there more more detail than just that phrase you wantto give the audience? It is very self explanatory and certainly there’s all kinds of nuances to it. But whatever you send out a communication to constituents to your subscribers, whatever the audience might be, you have some reason for doing that. Aside from just saying, hey, we’re still here if it is just saying, hey, we’re still here them hey, we’re still here. What? This is what we’re doing and this is what we would like you to do if it’s a special time of year it’s a, uh, call for contributions, be sure that you say that and say it in the level of detail and honesty, the way that you’re normally custom with communicating with your constituents, it could be now please go ahead. Teo, i’m sorry. I mean, this is your forum, this is your people that are receiving the email have said they want to receive it from you, so i’m not saying take advantage of that as in, you know, go overboard but don’t let their expectations down. They want to know what you’re what you’re doing, what you want and it could be instead of solicitations, which is a very worthy purpose, but it might be request for volunteerism could be a simple is like us on our facebook fan page wei have just about a minute left deliver on time is that is self explanatory. Is it? Sounds. Yeah, i think we just talked about that. You know, consistent delivery. Whatever you commit to deliver and your last one. Those user options. Yeah. Uh, the basics are let users subscribe unit, html or text options. But beyond that, in a larger agency where you’ve got large donors, moderate donors and volunteers, you may want to actually segment your list and send out different versions of your newsletter to those different segments of participants. And we have had previous shows that talking about email segmentation. And specifically that was the show with maria simple, the prospect finder talking about research and how that research can contribute to really valuable segmentation on. And also there was a show with tim kenan, who is the principal of mcvicar and higginbotham that’s, a print and direct mail shop. And he also talked about email segmentation. So just to follow up on your point, scott, to wrap up why don’t you remind people again how they can get your e book? Where should they go? Yeah. Thank you, tony. I say go to your your company newsletter dot com it’s all one word your company newsletter dot com pretty self explanatory just sign up there. I will send you a confirmation. I will send you the e book and you’ll get my about every two to three weeks. My newsletter you can feel free to unsubscribes anytime i won’t inundate you. And, um, if i can help that’s great. Hopefully the book and the content on the newsletter will help you. D’oh. Scott, thanks for again for being on the show again. Thank you, tony. My guest has been scott koegler, the editor of non-profit technology news and lots of other news letters, and that was seven principles for a successful newsletter want thanks, scott and also claire costello from bank of america merrill lynch. We talked about the bank of america hi networth study next week, i’m looking, we’re going to check in with our resident recruiter, paula marks, and our non-profit job seeker leonora to evaluate leonora has revised resume and we’re going to hear paula’s ongoing advice for the job search process. We’re keeping tabs on leonora search once a month and then now also next week. Endowment emergency catherine miree believes there’s a crisis swirling around how endowments are invested allocated and spent, and you’ll hear the second part of that interview from the chronicle of philanthropy from the national conference on philanthropic planning, which i did in partnership with raymond flandez of the chronicle of philanthropy. You can get our insider alerts and like us on our facebook page there, over one hundred, people who like us already, are you one of them? That’s, a facebook dot com, tony martignetti non-profit radio, the creative producer of tony martignetti non-profit radio, is clear. Meyerhoff, our line producer and the owner of talking alternative broadcasting, is sam liebowitz. Social media is by regina walton of organic social media. This is tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. Join us next friday at one p, m eastern here on talking alternative broadcasting at talking alternative dot com.

NextGen:Charity Interview With Andrew Noyes

Wonder what it’s like to work for Facebook? Andrew is their Manager of Public Policy Communications, creating and managing strategic relationships in official Washington D.C.

We started off talking about Facebook’s interests in the capital and moved around to privacy management and “optimizing your Facebook experience.” Watch our conversation here.

Nonprofit Radio for Dec. 10, 2010: Death Won’t Stop Me & Endowment Emergency

Big Nonprofit Ideas for the Other 95%

Compliance. Board relations. Fundraising. Technology. Volunteer management. Accounting. Finance. Marketing. Social media. Investments.

Every nonprofit faces these issues and big nonprofits have experts in each. Small and medium size nonprofits have Tony Martignetti Nonprofit Radio. Trusted experts throughout the country join Tony to take on the tough issues facing your organization.

Episode 19 of Tony Martignetti Nonprofit Radio for December 10, 2010

Tony’s Guests:

Reynolds Cafferata, Esq. – Reynolds Cafferata, Esq. is an attorney with the law firm of Rodriguez, Horii, Choi & Cafferata in Los Angeles. His firm represents nonprofits and their donors.

Topic: Death Won’t Stop Me: Multigenerational Philanthropy:
Donors who don’t want to stop giving to you merely because they’ve died can use different legal structures to continue their philanthropy through generations. Reynolds Cafferata, Esq. joined me at the National Conference on Philanthropic Planning to explain.

Kathryn Miree – Kathryn W. Miree is the president and primary consultant for Kathryn W. Miree & Associates, Inc. Ms. Miree provides a full range of planned giving, endowment, and foundation management services designed to help charities build long-term financial stability through planned gifts and endowment.

Topic: Endowment Emergency:
Kathryn believes there’s a crisis swirling around how endowments are invested, allocated and spent. She joined me and Raymund Flandez of The Chronicle of Philanthropy at the National Conference on Philanthropic Planning to share solutions and best practices.

Here is the link to the podcast: 021: Death Won’t Stop Me and Endowment Emergency

When and where: Talking Alternative Radio, Friday, 1-2pm Eastern.

You can subscribe on iTunes and listen anytime, anyplace on the device of your choosing.

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Kayman welcome to tony martignetti non-profit radio, big non-profit ideas for the other ninety five percent. Amiel aptly named host your aptly named host, tony martignetti last week. We had had a career kill your career in five easy steps. That was the second half of my robert sharpen to view from the national conference on philanthropic planning, and you’ll remember that i co interviewer was raymond flandez of the chronicle of philanthropy, and we also had interviews on interview, talking about tax policy and the future of philanthropic planning. My guests for that were emily lamb and perry wasserman, also recorded at that national conference, and this week, it’s the same thing. Mohr interviews from the national conference on philanthropic planning, which was from florida this past october, and we’re going to get right into those interviews after this break. 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Their services include video production and editing, web design, graphic design photography, social media management and now introducing mobile marketing. Their motto is we do whatever it takes to make our clients happy contact them today. Admission one one media dot com hey, all you crazy listeners looking to boost your business, why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com welcome to tony martignetti non-profit radio and the chronicle of philanthropy coverage of the national conference on philanthropic planning. We are in lake buena vista, florida, outside orlando, very close to orlando, and our guest in this segment is reynolds cafferata reynolds seminar topic is creating effective legal structures for multi generational philanthropy. That’s a lot. We’re going to dive in and sort of parts that out just by way of introduction, reynolds cafferata and his last name is spelled c a f f e r a is a partner in the law firm of rodriguez, hori, choi and cafferata and they are based in los angeles, california. That firm is a tax firm working with both non-profits and individuals who are making charitable gifts. And, uh, we’re very pleased that reynolds work brings him to our podcast coverage of the conference. Reynolds welcome. Thank you. Thanks very much for taking time. So that’s a that’s a pretty heavy title. Creating effective legal structures for multi generational philanthropy. Let’s sort of parse it out a little bit. What? What do you mean? When you say multigenerational philanthropy that would refer to families who are trying to set up a private foundation or some other charitable organization that is supposed to stand up in span more than one generation of the family. So mom and dad and the kids maybe mom, dad, the kids, the grand kids, maybe even beyond. And why would a family want tohave? Ah, multigenerational structure there’s. A lot of several reasons why families find this attractive. One of the main reasons is if the founding members think that philanthropy is an important value. This is a a mechanism to pass that value down and provide a resource for future generations to act on that value. They feel that having the structure, they’re sort of instills the value itself. There’s also just sort of benefits to the family as a whole to control a philanthropic fun through multiple generations. So those are some of the reasons people find attractive. Is this something that really is restricted to people who are way need a definition of wealthy? I don’t know, but who have income or our assets at a certain of the family has income or assets at a certain level? Or is this open also to people of more modest means? My presentation today is probably focusing on the higher end issues that come up for people who were putting in a fairly large amounts of money, millions, tens of millions, but there are structures that air available for much more modest means, you know, a family multigenerational planning could just be parents putting ten thousand dollars hours into a donor advised fund for their children or grandchildren to advise, so some of it conspire. Hanna pretty wide range of economic means excellent, ok, but your conference topic is focusing more on the strategies for the wealthier. Now on tony martignetti non-profit radio we have george in jail and you’re an attorney. I’d hate to put you in jogging, joe, because that has big implications for your career just donorsearch advised fund, you just flush that out for us, tell tell the listeners, would of donor advised fundez sure don’t advice fund is a fund maintained either it’s, something called the community foundation or some of the financial services firms also have set thes fund’s up, and basically you make a contribution to the fund. When you make the contribution, you get your charitable deduction right then and then you’re allowed to give advice, which is pretty universally followed, assuming you’re advising to legitimate charitable organizations than you can advise the community foundation and the financial services firm what charity’s you’d like it to be distributed teo and that is something that’s available to people of modest means. I mean, you could put just a couple of thousand dollars into a donor advised funds? Yes, absolutely. I think several organizations have minimums of just a few thousand summits like ten. A few, maybe twenty five thousand. Ok, so you’re commuted from drug in jail. Your career is secure. You don’t have to report anything to the bar association. Let’s. So let’s, jump, then back tio. More more concerning your your topic. What are some of the let’s start with? What is the sort of simplest strategy for this multigenerational philanthropy? Well, the starting point is figuring out what’s important to the founder and the family. There’s often a attention between a desire to let future generations have their own imprint on the family’s. Philanthropy and the founders desire too, create something that remains true to the values in causes that are important to them. So you have to start out there and figure out which you know which direction and it’s not necessarily an either or theirs. Great ations in between. But what level of flexibility do you wanna have versus what kind of assurances does the founder want tohave that the causes that they created this thing for will be the cause is that it is supporting, you know, ten, fifteen hundred years. So now and let me just say so not unlike a non-profit talking to their donor about what? What structure a gift should take, whether it’s going to be a lifetime gift or ah, state or planned gift, and whether there’s a plan gift where there’s going to be income involved or not this you need to have your you’re having the same kinds of conversations with the clients. What are what are their interest what’s what’s really important to them and their family before? Before you can decide what’s the right structure. So they go see my simple minded question what’s the simple structure with these there is no there’s, no one solution. It really depends on what’s important to the family, right? And so kind of what i’m going through is, you know, talk to the donor about the values is their emphasis on, you know, maintaining these core principles, or is their emphasis on providing flexibility on? And then we go through? Well, you know, if the desire is to keep the organization really true to its mission and minimize the ability of future generations to change that, then you look at things like trust, which tend to be a little more rigid versus if ah, you know some donors take the position that hey, after i’m gone, i’m gone it’s somebody else’s decisions to make and they want to maximize flexibility and then, you know, the corporation is probably the place to see start there, and then there are other sort of things you can add on to increase or decrease the flexibility of either of those basic starting points and you mention the corporation. What? What sort of structures are we talking about? When it’s a corporation most each state will have, they call them different things, but usually each state has adopted some version of the non-profit corporation model non-profit corporation act and so it’s a essentially a state chartered corporation that’s expressly designed to be not-for-profits we’ll have some special provisions for governance that would come up and be africa ble to nonprofit organizations, delaware, they’re called non stock corporations in california. They’re called public benefit corporations. They could be called different things in different states and these air structures that individual on a family create is that right? In my understanding? Yeah, yeah, yeah. Okay. Yeah. Who do you anticipate your audience being for this seminar? Mostly planners are they are they planners. In in the non-profits or you think they’re mohr consultants and attorneys to individuals? I’m hoping because all those folks are here and i’m hoping to have something for all of them. Obviously, for the lawyers and some of the other allied professionals, they’re going to have clients, they’re going to come to them wanting to set up these types of entities in wanting advice on how to do it. So we’re giving us some direct information about the tools available to him and what to use potential in different contacts for the representatives of charities, they will often be working with donors who are setting up thes structures in well, they may not be the first line of advice for setting up the family foundation. They will often be consulted in a year you’re in the charitable worlds. You under chan charity. You understand what i’m trying to do? Give me your thoughts on this, and so it’ll give them some background tohave samen put and depending on what the donor is trying to do there, there are roles to be played for charitable organizations within these family structures, and so we’ll be talking about you know what? Those roles are and making sure that these people were aware of the opportunities that just because the money is initially going into the family foundation doesn’t mean that the university, the hospital, whatever organization they represent, is not part of the conversation. Okay, excellent. And i do want to pick up on that just very briefly little reminder that my guest is reynolds cafferata and we’re talking about his seminar creating effective legal structures for multi generational philanthropy. You’re listening to the chronicle of philanthropy and tony martignetti non-profit radio coverage of the national conference on philanthropic planning in florida. Let’s talk about the charitable role in this i wouldn’t have i thought that it’s ah, as meaningful as it sounds like you’re suggesting it can be with i’m seeing a family creating a structure what’s, the what’s, the what’s. Certainly we know the interest what’s the role of the charities there’s a couple places where the charitable organization can play the role one of them is an issue that people struggle with is, you know, the parents have one percent set of philanthropic interests and just like your children don’t listen to the same music you listen to, they don’t dress the same way you do, they don’t decorate their house the same way you d’oh, they also don’t have the same charitable interest that you d’oh, and if you’re you know, comfortable with just letting them do their own thing with the family money, then you know, fine, but i would not say that that’s an attitude that is reflected in all or even a majority of my clients, a lot of them, you know, they want to create a philanthropic legacy. They want to create the legacy that relates to the causes that are important to them not, you know, they may be willing to have something go to their children’s causes, but there are the things that are important to them, and they want to see their legacy address. So if that’s one of the concerns than by building into your governance structure our relationship with organizations that speak to the causes that you care about having, you know, the university of the hospital, maybe appoint one of the board members of the foundation or something like that? Well, then allow the family members to be involved, but at the same time ensure that the organization stays true to the causes and interests that were important to the foundation, another roll that can be played. One of the riel difficulties in setting these things up is succession of governance. Here durney setting this up, you’re expecting future generations of family members to be your directors, but a number of problems can arise there. There may be a lack of interest you could, you know, just through sort of the sequence of deaths and births of people. I have a period of time where there is a generation in which there’s, nobody who’s, has the legal capacity to be the director’s, because you either got people who are too young or you’ve got people who, you know our having capacity issues at the other end of life. So, putting aside the fact that the air’s may just not be interested in the work of the foundation, there may be actual legal structure, legal constraints around there being a family member involved in the foundation. You’re listening to the talking alternative network. Yeah. Are you feeling overwhelmed and the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. 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Police call a set two one, two nine six, four, three, five zero two for a free consultation. That’s lawrence h bloom two, one two, nine, six, four, three five zero two. We make people happy. Durney talking alternative radio twenty four hours a day. So what do we do that so, thereby having again identifying some charitable organizations who are helping oversee the sanity? If you have one of these period and it may be temporary, it may be that, you know, you had a generation die out for some reason. There’s kind of a gap everybody’s under eighteen. But within a few years, they will have legal capacity. If you’ve got a charitable organization involved with you than they could at least temporarily oversee the administration of the entity. And then when you again have family members with capacity, they can come back in and start serving again. And i have a role. Ah, the other issue where the outside organizations can help out is that why is you well know, there’s there’s a lot to know there’s. A lot of expertise to develop in terms of effectively administering a charitable organization. And every generation sort of has to recycle and relearn that knowledge is they come on and again by having some outside organizations participating in the management of your organization, they could help make sure that that continual education and reeducation process takes place. Reynolds, is there a lot of ego? Wrapped up in this i mean, we’re talking about entities that could don’t necessarily need to be last in perpetuity. That could be have it their governing documents ah termination shin or fixed period, but the ones that one last they want the entity lasting in perpetuity. Our people just really tryingto extend their lives into a corporate structure. I think there’s, multiple motivations and certainly legacy and a sense of impact is one reason that people do these things. Another reason is they again want this mechanism sort of transmit the value of giving back and philanthropy to multiple generations so that’s why they like the entity to last that long. But you do raise a good point that we do discuss with our clients, and that is the issue of does perpetual existence really make sense from the structuring standpoint, as you make the entity exists for a longer period of time than many of the challenges in terms of governance, in terms of adapting to new circumstances? The longer it goes on, the more those challenges get magnified. The other thing to think about is, you know, yes, there’s, certainly something to be said and there presumably. Will always be a need for philanthropic entities to support whatever the issues are in society, and so creating something that basically will provide funding and perpetuity has some value. On the other hand, though, you may find that you could create mohr impact with something that you care about bye spending a lot more money over a shorter period of time and really, you know, sort of trying to address an issue once and for all. So that’s part of the conversation of working with these folks is do you want to try for the perpetual duration? Or you want to set a time limit and have some mechanism by which the entities spends down over, you know, ten, fifteen, twenty years, i’m goingto switch a little bit wanna talk about your role in representing individuals who are making charitable gift, but not necessarily through one of these more sophisticated structures. And what i’m curious about is we always in my business, we represent non-profits and i’m always interested in the other side. Dahna what is sort of overreaching when when you have ah, a client come to an individual client come to you and they want to make a gift to a particular charity of some type, and i’m thinking of a circumstance where maybe you kind of feel that charity has done a little more than they should have in advising the donor. Do you do see those circumstances much? I’m tryingto give charities the boundaries, in other words, of what they’re doing, a relationship where they don’t relationship should end, and so that’s sort of the way i’m trying to get at it. Well, i guess that the one area where i’ve been somewhat out spoken about practices by charities that i don’t think necessarily serve them or the donor’s well is the whole issue of enforceable charitable pledges and partly because of accounting rules, partly because of counting rules, organizations like to get donors to sign enforceable pledge agreements, partly because of fund-raising pressures, right, fundraisers have quarters on dh marks, right? And they only want account. What they see is an enforceable pledge, and the problem with that is it from the donor’s perspective, signing the enforceable pledge whether the, you know are concerned about paying it or not, it creates significant issues for them in terms of the flexibility of satisfying the pledges. They sign an enforceable pledge agreement in their own name, and then a year later, they create a donor advice funder private foundation. They can’t use either of those vehicles too satisfied that plans well against self dealing, right? Thank you, not as common an issue, but if they ever had somebody else who decided that they wanted to satisfy part of that pledge, and it does sometimes happen in families that you know, one family member makes a pledge, and then maybe somebody else decides to finish it out. Well, again, if that’s an enforceable, pledged theirs an irs revenue ruling on point that says that the person who is helping out is not making a gift to an organization, they’re making a gift to the original maker of the pledge. And then the person who made the pledge gets the income tax deduction. I mean, if you understand tax law it’s not a counter intuitive result, but if you’re just sort of a normal person who thinks logically it’s a very counterintuitive result. So from the donor’s respect of these pledges, khun b extremely problematic and even from the charity’s respect yeah, you mentioned doesn’t serve the charity. Well, why do you say that for a couple reasons number one, if they ever get into a situation where they need to do a workout with the donor and, you know, we certainly seen through two thousand eight that there were, you know, people who with, you know, complete honest belief that they were going to be able to make a syriza payments entered into these agreements, and then circumstances changed, and at a minimum, they needed to at least pay change the payment schedule. Well, if you’ve got an enforceable pledge, that’s an asset of the organization ah, and well, not always true, but a lot of times you have these pledges from people who are your director’s, your trustees or, you know, a former officer, former trusty, very close to the organization, right? Or maybe it may even be a fiduciary to the organization have a legal obligation if they’re on the board of trustees exactly. And that leads to another set of problems that if you’re a public charity, there’s thes rules called excess benefit transaction prohibitions. And basically what? Those days, if you’ve got somebody who’s khun wield influence over the organization like a trustee. And you enter into a transaction with them. And what they provide you in terms of economic value is less than what you provide them in terms of economic value. The difference there is an excess economic benefit, and if the irs identifies it, then the person who got that benefit has to repay it. They have to pay a twenty five percent excise tax on it. And the board members who are managers who approved that transaction are also potentially subject to an excise tax. Well, good. Who are enforceable pledge the person owes you. You know, it’s called one hundred thousand dollars on their enforceable pledge. And then something happens and they come to you and say, you know, g, you know, circumstances change, you know, i can’t pay i don’t want to pay whatever, and the organization is like, okay, we understand. Well, economically, you just handed them one hundred thousand dollars, and they handed you back nothing. Um, well, that you know, arguably is one hundred thousand dollars automatic access benefit. Now, we’ve had informal conversations with the irs about this, and really, you pick up the phone and the irs answers when you call. Yeah. They actually they actually d’oh the folks back, and they basically have different people assigned a different code sections, and, you know, if you call him up, if you’ve done your homework and so it’s, not something that you know they’re like, well, did you just read, you know, publication or whatever, but if you’ve done your homework and it’s, you know, an issue that’s not obvious than they’re definitely willing to have a conversation with you and, you know, try to be helpful and really give you their thoughts. And so we had this discussion and the person i was tell him i said, well, you know, we really we weren’t even thinking about this when we wrote these regulations, they were thinking, you know, excessive compensation, you know, selling property and sweetheart deals and stuff like that, he said, well, you know, technically, i understand, you know, i see your point that, you know, basically these rules would apply. I don’t see us coming after an organization, particularly if a disinterested group of directors were approving and they had a good business reason for doing it. But of course, you know, this is just you and me talking. And, you know, none of this can be relied on because it’s not written guidance in the agency and i haven’t heard of the irs going after anybody on this but it’s just an added layer of complexity that one has to think about all because you have the enforceable pledge and all the enforceable pledge gets the organization is basically the right to sue the donor if they don’t make the pledge payment. And when i talk about this issue and i’ve gone around the country and, you know, given the presentation the number of times and i always ask, you know, how many of you are from an organization that always sees their donors when they don’t pay, you know, out of thousands of people nobody’s ever raised their hand for them, how many of you are from an organization where, you know, if it were a really important pledge on dh, you know, the person really didn’t have any good defense to not paying it, and they had adequate assets? You’d at least think about it well, a few hands will go up, and i think, you know, every so often they’re certain key pledges where and sometimes charities do go after donors, but it’s, you know the exception, not the rule, and said, how many of you from organizations that, you know, basically almost never going to see their donors and that’s, where you see all the hands and that’s for a variety of good reasons where most charities come out. But it’s, you know, i asked, then. Well, if you don’t intend to sue the donor, if you don’t intend to use this feature of this document and it creates all these problems for you, and it creates all these problems. More importantly for the donor, why are you doing these things? Why bother? So going back to this was a very long answer to your question. You know, what do i tell donors when i’m on the donor side? In the first thing i usually tell the owners is, you know, if they sent you an enforceable pledge agreement, let’s, change it to a letter of intent and here’s why? We’ve actually tried with the enforceable pledges putting in language that warns the donor, if you sign this enforcement blood, you will not be ableto pay this with your donor advised fund with your private foundation, we thought this is great problem solved, at least going forward. We’ve warmed people we do that they signed him a week later, we get a check from their donor advised funds so it’s just sort of too much minutiae think for some of them to follow, and i think the advice sort of takeaway for for non-profits is you’re getting into on area that has a lot of legal implications that are maybe my new show, but could be significant when you’re getting into the legally enforceable pledge and sort of doing it really for no good reason, right? And now the you know, virtually all the community foundations when they send you your organization a check, they will be sending you a letter, and it will be asking you to confirm that it’s not satisfying and enforceable pledge and that it’s not, you know, tickets to the gala or anything that has any, you know, benefit going back to the donors, so you’ll end up in a bind. If you’ve written one of these things up, you know we have to leave it there. Reynolds. Thank you very much for joining us. Duvette my guest has been reynolds cafferata. His topic at the national conference on philanthropic planning is creating effective legal structures for multi generational philanthropy, and reynolds is a partner in the los angeles law firm rodriguez, hori, choi and cafferata. This is tony martignetti non-profit radio and the chronicle of philanthropy. Coverage of the. Non-profit s the national conference on philanthropic planning. We will have of future interviews and other recordings, and, again, thank you, thank you very much, reynolds for your time e-giving ending the ending, the ending din din din. You’re listening to the talking alternate network, get in. E-giving cubine are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed hi and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. Oh, this is tony martignetti aptly named host of tony martignetti non-profit radio big non-profit ideas for the other ninety five percent technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr tony martignetti non-profit radio fridays, one to two eastern on talking alternative broadcasting you’re listening to talking on their network at www dot talking all calm now, broadcasting twenty four hours a day. Welcome to the chronicle of philanthropy and tony martignetti non-profit radio coverage of the national conference on philanthropic planning. Our guest right now is katherine miree she’s, a principal of katherine w miree and associates, and i’m joined by raymond flandez of the chronicle of philanthropy. The chronicle and my radio show are partnering to cover the conference, and i’m going to turn to raymond toe. Ask him to introduce our next guest, kathryn miree create thanks, tony, really appreciate and and plaid where we’re here to cover this. Today’s guest is a graduate of the university of alabama school of law, marie’s past share and treasurer of the national committee and plan e-giving now the partnership for philantech opic planning porter directors pass chair of leave, a legacy committee and various other boards. She spent eighteen years in banking management and she’s here to tell us a little bit about what she’s doing here at the conference. And katherine, your your conference it’s titled seminar title is endowment crisis. That sounds dramatic. What what is the well, that’s before we ask what the crisis and endowments is when we talk about what is endowment so we know everybody’s starting in the same place, i think that’s a good idea, there’s a lot of confusion about that. Endowments are permanent funds for charities that are set aside for their long term use, and there are two components of endowment that you normally see. One is what we call true endowment, where the donor’s restricted the use of principle and said that the funds to be made long term thie other is quasi endowment, which are so franklin. Most of the endowment balance is that i see where donors have left bequest or other large gifts to charity and the charity’s board, it has set him assad for their long term use and the role of endowment in non-profits i mean, you said long term use, but can we be a little more specific about what the value of endowment is too? Non-profits yes, and i have a very particular perspective on that. I believe that the most effective use of endowment is not to keep the light bulbs on in the door’s open, but to provide funds that really leverage the mission of that charity, allow himto act quickly on opportunities, allow them to expand programs and supporting where there is need. So i see him, and also, frankly, to get him through the economic crisis sees that come from time to time like the one we’ve been in recently and were in in the first decade of this century. And so i believe that endowments are critical components buy-in critical assets for every charity, whether they’re larger, small, whether their hospital, educational institution or a gospel rescue mission is it is it the case? Typically endowment is not spent, the principal is not spent, but the on ly the income or a portion of the income is spending. Isn’t that how these endowments last in perpetuity? Yes, but my endowments, their subject, true and down looks permanent endowments those restricted by donor’s air, subject to state law and under state law under the old upmifa the uniform management of institutional funds act and the uniforms prudent management of funds act, they can spend a percentage of the asset base it’s not limited anymore to accounting income. It can also include a portion of the appreciation. I see catherine tell us a little bit, but the state of what endowments are facing now, especially you mentioned about economic crisis and how maybe that’s affected some of the endowments. Well, the economic crisis has all of a sudden made the need for endowment very clear for all charities. So you hear a lot of talk about it, but in my work i go into a number of charities every year, and i’m looking at their programs. They’re playing, giving programs there sometimes their entire development programs, and i’m looking at endowment because endowment is the most important provides the context for deferred gifts and what i see are both internal threats to endowment and i can go into that a little more if you like as well as external threat to endowment. Yeah, why don’t we? Why don’t we talk a little bit? What? What what’s, the most serious external threat to endowment, external threats, congressional legislation you see congress looking at large and down months. The senate finance committee has been a lot of time studying large endowments, especially back in not two thousand eight, when we saw such large returns right before the crash on dh there looking at ways to require mandatory payouts, they’re looking for ways to tax endowment when you say mandatory payouts, almost like the foundations are now required to spend a certain up five percent of their assets exact that what you’re referring to exactly and there’s been legislation that floated around that for the larger foundations would require a five percent payout very much like private foundations, very much like type three supporting org’s now is this only towards a higher education, kind of in the end, they focused the senate finance committee focused on educational institution endowments. But, you know, just prior to that, they did that big focus on non-profit hospitals and my great concern is that they’re going down a path that some charities arm or charitable than others and more equal than others. If they come to the educational field, then it won’t be long before it spreads a little further, and you also see a lot of local governments looking for ways to tax endowments. Indeed, i’ve i’ve seen press about the greater new york city area, where property tax exemptions for non-profits are on the on the table. We haven’t seen them withdrawn yet, but it’s a subject that’s under discussion and you will see that throughout the northeast and in fact, in some cases charities heir stepping up and making a voluntary payment in lieu of that tax payment, and they’re negotiating payments that they make to the municipalities and the counties in the townships or whatever form that local government takes. What about external, sorry, internal threats to endowment? What does that mean? That’s, the more consistent problem internal threat are simply the malays and lack of attention that sometimes i see when you get this big pool of money that plays such an important part in the operating budget and it rolls out. The investment team is playing, paying a lot of attention to it. But what happens is the number of funds begins to proliferate. The ability to account to donors on an annual basis, drops. You see people creating really small funds. I walked into an institution one time with a fun, very large fund balance with over a thousand funds. They could not put their hands on the governing documents. For those more than a thousand funds, i would say they were distributing and allocating a lot of just by what i would say was folklore and tradition. Amane and they some of the fund balances were only fifty dollars o r five thousand, and i think that represented an intent to build larger funds that never materialized. So they’ve got all these funds on their books all the time required to allocate the earnings the, you know, negative investment values the fees that distribution for the fifty dollars as well as the fifty thousand exactly and then sell your administrative expenses began to climb. It’s those sort of threats that i think that best practices would fix. I see. Have there been any lawsuits are kind of awareness among donors about these kinds of you know, these problems that that endowments going to face, i would say absolutely on a larger scale, you’ve seen the princeton lawsuit that had to do with this supporting organ, which was an endowment, created a tte princeton and buy the roberts and family you’ve seen the lawsuit it to lane from the endowment that was created in the late eighteen hundreds by sophie newcomb to create new come college on the campus of two lane. And in two thousand six the college more or less dissolved that separate college absorb the endowment and created a women’s studies program. That’s it high level view of it you’ve got the barnes museum, which was thie endowment, created by dr barnes and philadelphia for his art collection. You’ve got the knot traditional endowment, but the art contributed to fisk university and the big lawsuit. So mohr and mohr often you’re seeing descendants, especially for these large endowments, whether they’re created a separate institutions apart of a larger pool, you’re seeing the descendants suit. What about states, attorneys general? Are you seeing much action at at that level? Especially curious about that causes the one the case. That you mentioned with the the organization that sort of had that embarrassment of riches, they couldn’t keep up with thousands of funds that they had. I mean, if a state attorney general caught wind of that, there would be pretty serious repercussions. Are you seeing any enforcement actions at the state attorney general level? Not too much. There are some of the most egregious after you have that big lawsuit in hawaii, where the attorney general got very involved with the king kamehameha school trust. I’ve seen some action out of new york, some in the northeast, but for the most part, you take a state like mine, alabama there’s probably one napor brand new attorney general working a portion of their time addressing these sort of issues in their tens of thousands of charities in the state, they’re simply overwhelmed, and i don’t see that they have the time to take on those issues now in new york state, though there’s a whole charities bureau within the attorney general’s office and i think that’s probably the reason that you mentioned them is one of the more activist, although i haven’t seen i’m not aware of yeah, enforcement actions. Of the type that you’re talking about from the a g’s office, not in new york state know not related to endowment. I’ve seen enforcement actions come out of the new york attorneys attorney, general’s office, on other issues, compensation issues, for example, for trustees of scene. But the truth is excessive compensation. Also for the ceo it’s, actually, those kinds of actions, exactly, exactly. And and but you can see it’s a lot of numbers. I mean, they’re what one point three million charities and their fifty states, and they’re all those non nani’s it comes rolling into the a g’s office. I think it’s pretty hard to pick out the issues. Now on my show, katherine, we have jargon, jail. And earlier you you mentioned you met fa and upmifa you did. You did say what they with the acronyms mean, i know, but and i gave you a reprieve from jargon jail because you were you were explaining something else but let’s ah, i’d like to get you get that sentence commuted from for jargon jail. So let’s, let’s, talk about what you missed. U m i n f a a and upmifa u p my f a r upmifa you met fa the uniform management of institutional funds act is the state body of law it’s a uniform law that was promulgated by the uniform commissioners, law commissioners and forty eight of the fifty states adopted it. I want to say it was first put out there by the uniforms, commissioners and maybe nineteen, seventy two or so. And the attempt was to create a universal investment standard because there were several depending on whether you were trusty, whether you’re fiduciary and it was very confusing, it also allowed some relief and gave addressed to some degree what you do with small funds or funds that no longer met. Their original purpose this has been replaced by the uniform, prudent management of institutional funds act, which was put out there in the summer of two thousand or fall of two thousand six. This truly provided one prudent investors standard across all old the you know, whether you were corporate, whether you were trustworthy, whatever form you were in, so it unified those standards, and it put frankly, it provided mohr discretion to trustees and board members in making their decisions that laid out the factors to consider and making investment decisions. And i always believe when you have discretion that you have a little bit higher duty because you’ve gotto do a good job of documenting why you made the decisions you did. It also went a little bit further and giving charity summerlee for these older funds that were too small to be reasonably administered or where the purposes were no longer appropriate or effective or cost effective. See you earlier. You mentioned about best practices that you knew endowments can implement right now to kind of deter or mitigate some of the influences by external or internal forces. Can you talk more about that? Sure, i have. I think of none best practices, and i’m sure i won’t be able to recall them all now without looking at him, but i start with a document you need a document that not only is going to be really clear about the charities, obligations to the family and to the donor, but also addresses flexibility long term provide some non jew judicial relief in the document. You need really good internal standards for management, a way to hold onto documents and have those available a white attract for restricted funds, and that is funds. I’m not referring there to funds restricted as endowment funds, but rather funds within your endowment restricted to a specific purpose, whether they are true and down. Mother, quasi endowment if you’re going to make a distribution for the library in the business school, you’ve gotta have a way not only to track that money going over there, but two on the backside to ensure it was used for those purposes. My, our guest is katherine miree a principle of katherine w miree and associates and you’re listening to the chronicle of philanthropy and tony martignetti non-profit radio coverage of the national conference on philanthropic. Planning. Dafs you’re listening to the talking alternative network. Oppcoll are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com i really need to take better care of myself. If only i had someone to help me with my lifestyle. I feel like giving up. Is this you mind over matter, health and fitness can help. If you’re expecting an epiphany, chances are it’s not happening. 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You’ve been listening to interviews i conducted from the national conference on philanthropic planning that’s when this show partnered with chronicle of philanthropy to interview speakers at the conference and bring those to you later to expand the reach of that conference. If you weren’t able to be there, i’m in bangladesh, sri lanka and thailand. I’ll be returning next week. As always, you can get our insider alerts and see my live appearances on our facebook page. Facebook, dot com, tony martignetti non-profit radio, the creative producer of tony martignetti non-profit radio is claire meyerhoff. Our line producer is sam liebowitz, and sam is also the owner of talking alternative broadcasting. Our social media is by regina walton of organic social media. I’m tony martignetti hope you’ll join me next friday when i’ll return from bangladesh, sir lanka in thailand and south asia at one p, m eastern time. 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