Endowment Fund Establishment June 2016 Guidance for Professional Advisers The following is a guide for professional advisors who have clients intending to make a donation to Te Karaka Foundation. A Named Endowment Fund can be established by making a one-off donation of $50,000 or more; or by committing to make a series of annual donations totalling at least $50,000 within 10 years. Granting from a Named Endowment Fund will begin once the fund reaches $50,000. Associated privileges of a Name Endowment Fund include: Donor can specify which charities or charitable purposes receive the annual distributions from their Named Fund. Public acknowledgement of the donation (if desired). Annual reporting to the donor and his/her descendants. All Named Endowment Funds need to have a Memorandum of Wishes prepared. A template is attached, and the latest version is available from Te Karaka Foundation’s website (www.tkf.org.nz). below. Guidance for completing the Memorandum is given For large donations (greater than say $500,000) donors can have more flexibility as to the wording of the Memorandum and their level of involvement with distribution decisions. Note that one-off donations of less than $50,000 will go into Te Karaka’s Taranaki Fund. The Trustees of the Foundation can make annual distributions from this Fund for any charitable purpose (or purposes) within the Taranaki region, at the sole discretion of the Trustees. No Memorandum of Wishes is required for donations to Te Karaka Foundation’s Taranaki Fund. However, the notes below regarding Will clauses and donations from a Family Trust may be helpful. The Foundation will acknowledge all donations received and send the donor a Tax Receipt. n:\53053\53053.001\p004.docx Page: 2 June 2016 Professional advisors can either complete the Memorandum of Wishes Form with their client themselves, OR contact Te Karaka Foundation’s executive team, who will meet with your client to finalise the details of the donation. If you are assisting your client, please: A. COMPLETE THE “MEMORANDUM OF WISHES” FORM 1. Include the client’s contact details and the name of the fund (this could be the Donor’s name, or something else chosen by the Donor). 2. Intended Beneficiaries (section 3) i. These beneficiaries must operate for a charitable purpose as recognised by the Charities Commission and the Inland Revenue Department. If your client nominates a charity that is nationwide but wishes their distributions to be used in the local region, this must be specified. ii. Your client may wish to specify several charities, e.g. 25% to ABC school, 25% to XYZ charity and 50% to be distributed to any charitable purpose (or purposes) within the Taranaki area at the discretion of the Trustees of the Foundation. iii. If your client wishes all of their annual distribution to be at the trustees’ discretion, then write 100% in section 3a. 3. Donation Value (section 4) Donors can make a lump-sum contribution now, contribute to their fund over their lifetime, and/or leave a bequest in their will or make a distribution from a family trust. Please specify how the donation(s) will be made. 4. Establishment Donation (section 5) Te Karaka Foundation invites donors to make an establishment donation ($5,000 is suggested as a guide) towards its operating expenses. Donors may choose to pay this at the time of establishing their fund, pay say $1,000 annually for 5 years, or it can be paid at the time the Foundation receives the funds (eg: in the case of a bequest). Establishment donations during a donor’s lifetime are eligible for a 33.3% income tax credit (up to the value of the donor’s taxable income). 5. Authorisation for Name Disclosure (section 8) It can be very encouraging for people to see donors listed whom they know and respect. However, Te Karaka Foundation appreciates that some donors may prefer anonymity and will only list names where we have been given authority to do so. n:\53053\53053.001\p004.docx Page: 3 June 2016 6. Founding Donors Offer (section 9) Qualifying donations made during the 2016 calendar year will receive special recognition. This is a once-only offer, to acknowledge those who support the Foundation in its early stages. Once the Memorandum of Wishes Form has been completed and signed by your client please post to Te Karaka Foundation, P.O. Box 719, Taranaki Mail Centre, 4340, New Plymouth (or email to info@tkf.co.nz) for our records. Te Karaka Foundation will then make personal contact with your client, to acknowledge their generosity. B. AMEND YOUR CLIENT’S WILL If your client wishes to leave a bequest (as part of a named endowment, or as a donation to the Community Fund) in their will, please see the Suggested Will Clauses (attached and provided on the Te Karaka Foundation website www.tkf.org.nz), to determine the appropriate clause for your client’s situation. C. FUNDS BEING DONATED FROM A TRUST If your client’s Te Karaka Foundation donation is to be provided from a client’s Trust, you may need to add a Memorandum of Wishes to the instructions. See the Suggested Clauses for Family Trusts (attached and provided on the Te Karaka Foundation website www.tkf.org.nz) to determine the appropriate clause for your client’s situation. FOR FURTHER INFORMATION Please do not hesitate to contact the Foundation’s Executive Team should you have any questions: Foundation Office Melanie Wilson Vicki Haylock 06 758 0899 021 178 2642 021 172 0622 info@tkf.org.nz melanie@tkf.org.nz vicki@tkf.org.nz n:\53053\53053.001\p004.docx June 2016 Page: 4 Suggested Clauses for Wills 1. Bequest of any amount to Te Karaka Foundation to be added to Te Karaka’s Taranaki (General Purposes) Endowment Fund I GIVE the sum of $_________ [or ___% of the residue of my estate] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be added to its Taranaki Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 2. Bequest of $50,000 or more to Te Karaka Foundation to establish a Named Endowment Fund I GIVE the sum of $_________ [or ___% of the residue of my estate] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be used to create an Endowment Fund named _____________ ___. A Memorandum of Wishes signed by me and dated ________ sets out my wishes regarding this endowment, including the charities or causes that I wish to benefit from distributions from this Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 3. Bequest of any amount to Te Karaka Foundation to be added to an existing Named Endowment Fund I GIVE the sum of $_________ [or ___% of the residue of my estate] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be added to the Endowment Fund named ________________ established by Deed of Gift and Memorandum of Wishes dated ________. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 4. Residue to Te Karaka Foundation as default beneficiary IF ALL OF THE ABOVE TRUSTS FAIL, I GIVE my residuary estate to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935) to be added to its Taranaki Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. n:\53053\53053.001\p004.docx June 2016 Page: 5 Suggested Clauses for Family Trusts Your clients may have the bulk of their assets in a family trust and may wish to consider a distribution from their family trust to Te Karaka Foundation as a beneficiary. The family trust deed will need to include any charitable trust or Te Karaka Foundation as a beneficiary. A letter of wishes to the trustees of their family trust can then include one of the following clauses: 1. Distribution of any amount to Te Karaka Foundation to be added Te Karaka’s Taranaki (General Purposes) Endowment Fund Distribute the sum of $_________ [or ___% of the net assets of the trust] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be added to its Taranaki Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 2. Distribution of $50,000 or more to Te Karaka Foundation to establish a Named Endowment Fund Distribute the sum of $_________ [or ___% of the net assets of the trust] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be used to create an Endowment Fund named ________________. A Memorandum of Wishes signed by me and dated ________ sets out my wishes regarding this endowment, including the charities or causes that I wish to benefit from distributions from this Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 3. Distribution of any amount to Te Karaka Foundation to be added to an existing Named Endowment Fund Distribute the sum of $_________ [or ___% of the net assets of the trust] to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935), to be added to the Endowment Fund named ________________ established by Deed of Gift and Memorandum of Wishes dated ________. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. 4. Distribution to Te Karaka Foundation as default beneficiary IF ALL OF THE ABOVE TRUSTS FAIL, Distribute the net assets of the trust to Te Karaka Foundation, an incorporated charitable trust (Charities Registration Number CC51935) to be added to its Taranaki Endowment Fund. I direct that the receipt of any officer of Te Karaka Foundation shall be a full discharge to my trustees. Guide V3 Jun-16 n:\53053\53053.001\p004.docx