§ 14-3-191 — Definitions

As used in this part, the term: (1) "Charitable organization" shall have the same meaning as provided in Code Section 14-3-140 , provided that such organization is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code. (2) "Charitable trust" shall have the same meaning as provided in Code Section 53-12-170 . (3) "Donor" means an individual or entity who has made a contribution of property or money to either an existing endowment fund a new endowment fund of a charitable organization or of a charitable trust pursuant to the terms of an endowment agreement that may include donor imposed restrictions or conditions governing the use of the contribution. (4) "Donor imposed restriction" means a provision of an endowment agreement that specifies obligations of the charitable organization or of the charitable trust regarding the management or use of the contribution made by the donor. (5) "Endowment agreement" means a written agreement between a charitable organization and a donor or of a charitable trust and a donor regarding the contribution made by the donor and accepted by the charitable organization or the charitable trust which may include donor imposed restrictions or other conditions governing the use of the contribution. (6) "Endowment fund" means an institutional fund, including any aggregate institutional fund or part thereof, that under the terms of a gift instrument is not wholly expendable by the institution on a current basis; provided, however, that such term does not include assets that an institution designates as an endowment fund for its own use. (7) "Gift instrument" means a record, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. (8) "Lineal descendants" means a donor's children, grandchildren, or great-grandchildren.

Legislative History

Added by 2024 Ga. Laws 423,§ 1, eff. 7/1/2024, app. to any endowment agreement entered into on or after 7/1/2024.