Arizona Laws 10-11805. Release or modification of restrictions on management, investment or purpose
A. If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
Terms Used In Arizona Laws 10-11805
- Court: means the superior court of this state. See Arizona Laws 10-140
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to or held by an institution as an institutional fund. See Arizona Laws 10-11801
- Institution: means any of the following:
(a) A person, other than an individual, organized and operated exclusively for charitable purposes. See Arizona Laws 10-11801
- Institutional fund: means a fund held by an institution exclusively for charitable purposes. See Arizona Laws 10-11801
- Property: includes both real and personal property. See Arizona Laws 1-215
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 10-11801
B. On application of an institution, the court may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor’s probable intention.
C. If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, on application of an institution, the court may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.
D. If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve or wasteful, the institution, after sixty days after notification to the attorney general, may release or modify the restriction, in whole or part, if all of the following apply:
1. The institutional fund subject to the restriction has a total value of less than fifty thousand dollars.
2. More than twenty years have elapsed since the fund was established.
3. The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.