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NYCT AR2009_final.pdf - The New York Community Trust

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guidelines for attorneys<br />

24<br />

Establishing a fund in <strong>The</strong> <strong>New</strong> <strong>York</strong> <strong>Community</strong><br />

<strong>Trust</strong> for your client is a relatively straightforward<br />

process. Our booklet, Creating a Fund Here:<br />

Suggested Words and Procedures, provides all the<br />

relevant information: <strong>The</strong> <strong>Trust</strong>’s tax classification<br />

letter, descriptive material on the different types of<br />

funds, and suggested language to help you draft<br />

instruments to provide for gifts to our organization.<br />

Call us to receive a copy or visit us online, at<br />

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<br />

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

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

organizations share a governing board<br />

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

co-trustee is not permitted.<br />

and staff, and file a single tax return<br />

with the Internal Revenue Service.<br />

THREE IMPORTANT FACTS<br />

• All our funds enjoy an important<br />

advantage: If a change of<br />

circumstances makes literal<br />

compliance with the terms of<br />

•<br />

•<br />

We are unable to accept a fund<br />

unless its terms have been reviewed<br />

by us and found acceptable. It is<br />

particularly helpful if we review the<br />

language before the instrument is<br />

executed to ensure that we can meet<br />

the donor’s purpose.<br />

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

the gift instrument “unnecessary,<br />

undesirable, impractical, or<br />

impossible,” our governing body<br />

is able to vary them. Donors are<br />

assured that their gifts will never<br />

become obsolete; they will remain<br />

useful to the community in<br />

perpetuity.

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