Gift Agreement Template (Victoria) for the Establishment of a Perpetual Charitable Trust

Gift Agreement Template (Victoria) for the establishment of a perpetual charitable trust – individual donor

THIS AGREEMENT is made between THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (VICTORIA), of 130 LT. COLLINS ST, MELBOURNE, VICTORIA (‘the UCAPTV’) and [INSERT NAME(orAN ANONYMOUS DONOR)]of [insert address](‘the donor’).

WHEREAS the donor wishes to benefit one of the charitable purposes of The Uniting Church in Australia (‘the Church’), operating in theState of Victoria,namely [insert purpose from clauses available at with legal advice adapt to suit individual donor circumstances and preferences] (‘the stated purpose’).

AND WHEREAS the donor intends to gift the sum of [insert $amount of gift] (‘the sum’) to the UCAPTV to establish a perpetual charitable trust for the stated purpose (‘the Fund’).

AND WHEREAS the Fund is to be called the ‘[insert name] Fund’, in memory of [insert name]who was [if desired, biographical details of person sought to be memorialised].

AND WHEREAS the UCAPTV will acceptthe sum,and apply the income from the sum annuallyfor the stated purpose.

THE PARTIES AGREE that the sumwill be given by the donor and is to be accepted by the UCAPTV on the following trusts-

(1)The UCAPTV will establish a perpetual charitable trust with the sum.

(2)The UCAPTV will apply the income of the Fund annually for the purpose of [insert the purpose stated above].

(3)The Fund is to be called the ‘[insert name] Fund’[and where applicable, the bursary/scholarship etc. is to be calledthe ‘[insert name] Bursary/Scholarship’].

(4)If the UCAPTV determines that there is, for valid reason, unexpended income of the Fund in any year, such income may be retained as income and be available in any year for the stated purpose, or may be added to the capital of the Fund for that purpose.

(5)If at any time the UCAPTVdetermines that it is impossible or impracticable to carry out the stated purpose then it may apply the income of the Fund for such purpose or purposes as the UCAPTVin its absolute discretion determines is as near as possible tothe stated purpose.

AND THE PARTIES FURTHER AGREE that the UCAPTV and/or the Church will collect the donor’s name, qualifications, honours (if any), occupation andaddress; details of the donor’s association with the Church;the sum and the stated purpose;the name of the Fund to be established, the name of the person for whom the Fund is named where specified, and their biographical details where specified (‘personal information’). The personal information is collected,firstly in order to record relevant details of the donation and the donor, and second to create a Church Trust Record to govern the Fund. The Church Trust Record will include the personal information, and may be available on the internet. By executing this Agreement the donor consents to the Church and/or the UCAPTVcollecting and using the personal information for the above purposes.If the donor is identified in this Agreement as ‘anAnonymous Donor’ then the UCAPTV will not include the personal information (other than the sum and the stated purpose) in the Church Trust Record.

EXECUTED by the parties on [insert day] of [insert month][insert year]

THE COMMON SEAL of THE UNITING CHURCH)

INAUSTRALIA PROPERTY TRUST (VICTORIA))

was hereto affixed in pursuance of a resolution passed at)

a meeting of the members of the Trust in the presence of:)

Member of Trust: ………………………………………..

SIGNED by the donor …………………………………..

in the presence of ………………………………………..

Full name of witness…………………………………….

Address of witness………………………………………

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