§ 30-2-12-9 — Appropriation or accumulation of endowment funds; gift instrument

(a) Subject to the terms of a gift instrument, an
institution may appropriate for expenditure or accumulate so much of
an endowment fund that the institution determines is prudent for the
uses, benefits, purposes, and duration of the endowment fund. Except
as provided in a gift instrument, the assets in an endowment fund are
donor restricted until appropriated by the institution.
(b) In determining to appropriate or accumulate endowment funds,
an institution shall:
(1) act in good faith and with the care a prudent person acting in
a like position would use under similar circumstances; and
(2) consider the following factors:
(A) The duration and preservation of the endowment fund.
(B) The purposes of the institution and the endowment fund.
(C) General economic conditions.
(D) The possible effects of inflation or deflation.
(E) The expected total return from income and the appreciation
of investments.
(F) Other resources of the institution.
(G) The investment policy of the institution.
(c) To be effective, a gift instrument must specifically state a
limitation on the authority of an institution to appropriate or
accumulate under subsection (a).
(d) A gift instrument that designates a gift as an endowment or
contains a direction or authorization to use only income, interest,
dividends, rents, issues, or profits, or to preserve the principal intact,
or a similar direction:
(1) creates an endowment fund of permanent duration unless the
gift instrument states otherwise; and
(2) does not otherwise limit the authority to appropriate or
accumulate under subsection (a).

Legislative History

As added by P.L.268-1989, SEC.1. Amended by P.L.226-2007, SEC.15.