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Abstract: 

This article discusses the current state of the law regarding donor-advised funds, with a particular focus on recent developments affecting the use of donor-advised funds in making grants to cultural institutions and other public charities that solicit memberships and other quid pro quo gifts (“Soliciting Charities”). Specifically, the article addresses the intersection of donor advisors and Soliciting Charities with regard to membership payments, dues, and support of special events, as well as recommendations as to how Soliciting Charities can tailor their fundraising strategies to accommodate donors who wish to give through donor-advised funds. As donor-advised funds continue to increase in popularity among charitably minded individuals, it becomes more important that Soliciting Charities modify their marketing and fundraising strategies to comply with the legal requirements imposed on donors using donor-advised funds.

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Affiliations:  1: Simpson Thacher& Bartlett LLP.