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NYCT 2004 AR Cover - The New York Community Trust

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GUIDELINES FOR ATTORNEYS<br />

20<br />

Establishing a fund in <strong>The</strong><br />

<strong>New</strong> <strong>York</strong> <strong>Community</strong> <strong>Trust</strong><br />

for your client is a relatively<br />

straightforward process.<br />

Our comprehensive booklet,<br />

Creating a Fund Here:<br />

Suggested Words and<br />

Procedures, provides all the<br />

relevant information: <strong>The</strong><br />

<strong>Trust</strong>’s tax classification letter,<br />

descriptive material on the<br />

different types of funds, and<br />

suggested language to help you draft<br />

instruments to provide for gifts to our<br />

organization. Call us to receive a copy or visit us<br />

online, at http://nycommunitytrust.org.<br />

Donors have the option of setting up<br />

funds in <strong>The</strong> <strong>New</strong> <strong>York</strong> <strong>Community</strong><br />

<strong>Trust</strong> with a bank as trustee or in our<br />

not-for-profit corporate affiliate,<br />

<strong>Community</strong> Funds, Inc. <strong>The</strong><br />

organizations share a governing board<br />

and file a single tax return with the IRS.<br />

THREE IMPORTANT FACTS<br />

We are unable to accept a fund unless<br />

its terms have been reviewed by us and<br />

found acceptable. It is particularly<br />

helpful if we review the language before<br />

the instrument is executed to ensure<br />

that we can meet the donor’s purpose.<br />

For funds held in trust as part of <strong>The</strong><br />

<strong>New</strong> <strong>York</strong> <strong>Community</strong> <strong>Trust</strong>, a cotrustee<br />

is not permitted.<br />

All our funds enjoy an important<br />

advantage: If a change of circumstances<br />

makes literal compliance with the terms<br />

of the gift instrument “unnecessary,<br />

undesirable, impractical, or<br />

impossible,” our governing body<br />

through its variance power, is able to<br />

vary them. Donors are assured that<br />

their gifts will never become obsolete;<br />

they will remain useful to the<br />

community in perpetuity.

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