Section 402.138

Title XXVI TRADE AND COMMERCE

Chapter 402

Effective - 28 Aug 2009   

  402.138.  Release or modification of restrictions permitted, when. — 1.  If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund.  A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

  2.  The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund.  The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.  To the extent practicable, any modification shall be made in accordance with the donor's probable intention.

  3.  If a particular charitable purpose or restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument.  The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.

  4.  If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty days after notification to the attorney general, may release or modify the restrictions in whole or in part if:

  (1)  The institutional fund subject to the restriction has a total value of less than fifty thousand dollars;

  (2)  More than ten years have lapsed since the fund was established; and

  (3)  The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.

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(L. 2009 H.B. 239)