§ 48-51-501 — Private foundations

(a) (1) Except when otherwise determined by a court of competent jurisdiction, a corporation which is a "private foundation," as defined in § 509(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 509(a) ): (A) Shall distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax under § 4942 of the Code ( 26 U.S.C. § 4942 ); (B) Shall not engage in any act of self-dealing as defined in § 4941(d) of the Code ( 26 U.S.C. § 4941(d) ); (C) Shall not retain any excess business holdings as defined in § 4943(c) of the Code ( 26 U.S.C. § 4943(c) ); (D) Shall not make any taxable expenditures as defined in § 4944 of the Code ( 26 U.S.C. § 4944 ); and (E) Shall not make any taxable expenditures as defined in § 4945(d) of the Code ( 26 U.S.C. § 4945(d) ). (2) All references in this section to sections of the Code shall be to such sections of the Internal Revenue Code of 1986 (26 U.S.C.), as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States. (b) Subsection (a) shall not apply to any corporation to the extent that a court of record having equity jurisdiction shall determine that such application would be contrary to the terms of the charter or other instrument governing such corporation or governing the administration of charitable funds held by it and that the same may not be properly changed to conform to such sections.

Legislative History

Acts 1987, ch. 242, § 1.50.