(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund.
     (b) In addition to complying with the duty of loyalty imposed by law other than this Act, each person responsible for managing and investing an institutional fund shall manage and invest the fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances.
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Terms Used In Illinois Compiled Statutes 760 ILCS 51/3

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.

     (c) In managing and investing an institutional fund, an institution:
         (1) may incur only costs that are appropriate and
    
reasonable in relation to the assets, the purposes of the institution, and the skills available to the institution; and
        (2) shall make a reasonable effort to verify facts
    
relevant to the management and investment of the fund.
    (d) An institution may pool two or more institutional funds for purposes of management and investment.
     (e) Except as otherwise provided by a gift instrument, the following rules apply:
         (1) In managing and investing an institutional fund,
    
the following factors, if relevant, must be considered:
            (A) general economic conditions;
             (B) the possible effect of inflation or
        
deflation;
            (C) the expected tax consequences, if any, of
        
investment decisions or strategies;
            (D) the role that each investment or course of
        
action plays within the overall investment portfolio of the fund;
            (E) the expected total return from income and
        
the appreciation of investments;
            (F) other resources of the institution;
             (G) the needs of the institution and the fund to
        
make distributions and to preserve capital; and
            (H) an asset’s special relationship or special
        
value, if any, to the charitable purposes of the institution.
        (2) Management and investment decisions about an
    
individual asset must be made not in isolation but rather in the context of the institutional fund’s portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fund and to the institution.
        (3) Except as otherwise provided by law other than
    
this Act, an institution may invest in any kind of property or type of investment consistent with this Section.
        (4) An institution shall diversify the investments
    
of an institutional fund unless the institution reasonably determines that, because of special circumstances, the purposes of the fund are better served without diversification.
        (5) Within a reasonable time after receiving
    
property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to rebalance a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution as necessary to meet other circumstances of the institution and the requirements of this Act.
        (6) A person that has special skills or expertise,
    
or is selected in reliance upon the person’s representation that the person has special skills or expertise, has a duty to use those skills or that expertise in managing and investing institutional funds.
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