A West Virginia Gift Agreement with an Institution refers to a legal document that establishes a formal agreement between an individual or organization, referred to as the "Donor," and a specific institution in West Virginia, such as a university, museum, or non-profit organization. This agreement outlines the terms and conditions under which the donor agrees to gift a certain asset, usually financial or non-financial, to the institution for specific purposes, such as funding scholarships, research programs, facilities, or other initiatives within the institution. The West Virginia Gift Agreement with an Institution typically includes the following key elements: 1. Parties involved: The agreement identifies the donor, the institution that will receive the gift, and any other relevant parties involved in the agreement. 2. Description of the gift: The agreement provides a detailed description of the gift being bestowed upon the institution. This may include financial contributions, real estate properties, artwork, equipment, or any other valuable assets. 3. Purpose and restrictions: The agreement outlines the specific purpose for which the gift will be utilized within the institution. For instance, the donor may specify that the funds should be used for scholarships in a particular field of study or research program. Additionally, restrictions or conditions, such as naming opportunities, may be included. 4. Recognition and acknowledgments: The agreement may include provisions related to how the institution will recognize and acknowledge the donor's generosity, both during their lifetime and, if applicable, in perpetuity. This may involve naming rights, commemorative plaques, or public announcements. 5. Duration of the agreement: The length of the gift agreement is determined in this section, encompassing a defined term or, in some cases, a perpetual gift. 6. Rights and responsibilities: The agreement outlines the rights and responsibilities of both the donor and the institution. This includes ensuring the proper use of the gift and maintaining its value, providing progress reports or updates to the donor, and any other relevant obligations. 7. Tax and legal considerations: A gift agreement with an institution considers the tax implications for both the donor and the institution. It may clarify the tax reducibility of the gift, compliance with relevant state and federal tax laws, and any necessary legal requirements for the gift to be valid. Types of West Virginia Gift Agreements with Institutions: 1. General Gift Agreement: This is the most common type of gift agreement, where the donor provides a general gift to the institution, typically for unrestricted use by the institution in line with their mission and priorities. 2. Named Gift Agreement: This agreement allows the donor to attach their name, or the name of someone they wish to honor, to a specific program, facility, scholarship, or other named opportunity within the institution. 3. Endowment Agreement: An endowment gift establishes a permanent fund within the institution. The principal gift is invested, and a portion of the annual returns is used to support a particular purpose or program specified by the donor. Each of these gift agreement types ensures that the donor's wishes are fulfilled, their donation is properly utilized, and both parties maintain a clear understanding of the terms and conditions associated with the gift.