California Charity Subscription Agreement
Description
How to fill out Charity Subscription Agreement?
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FAQ
Contracts Law. A charitable subscription, also called a charitable pledge, is a donor's written or oral promise or statement of intent to contribute money or property to a charity.
A gift agreement documents a gift has been made by the donor to a charitable organization and is legally enforceable. A pledge agreement records a commitment by a donor to make a gift at a future time.
A promise that is unenforceable due to indefiniteness or lack of mutuality, where only one side is bound to perform. An example of this would be an agreement between a seller and buyer which states that the seller "agrees to sell all of the ice cream he wants to" to the buyer.
Under traditional contract law principles, a charitable pledge is enforceable if it meets the requirements for a legally binding contract. There must be an agreement between the donor and the charity -- in effect, the donor must promise to make a gift and the charity must promise to accept it.
It is a unilateral promise without consideration. California Civil Code Section 1146 defines a gift as follows: A gift is a transfer of personal property, made voluntarily, and without consideration. Section 1147 says that a verbal gift is generally unenforceable unless the means of obtaining possession and control
If there is no acceptance, the donation cannot be formalized. Therefore, any donation contract is subject to these conditions: It is an act free and it is made voluntary. Cannot be done on future goods, i.e. the goods must be currently owned by the donor.
Most courts view charitable pledges as legally enforceable commitments. Failure to enforce pledge collection could result in personal liability for the trustees of a non-profit. IRS rules prohibit donors from fulfilling a legally enforceable pledge from their donor advised fund.
A charitable pledge is enforceable if it is a legally binding contract. A legally binding contract exists when there is agreement between the parties and there has been consideration given in exchange for the pledge.
In California, like most other states, charitable pledges are analyzed as a matter of contract law. This means that pledges are not enforceable unless: (1) the pledgor receives consideration for making the pledge; or (2) the charity has detrimentally relied on the pledge.
