Our Governing Policies
1.0 Dechomai Foundation
Dechomai Foundation (Dechomai) is a nonprofit organization established to assist individuals and companies in making charitable donations of assets that have traditionally been difficult for many charities to accept – hereafter referred to as non-cash assets (defined in 4.4 & 4.5, below). Dechomai is recognized as a tax-exempt public charity as described in Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code (IRC) of 1986, as amended. Participation in Dechomai is subject to the terms and conditions of Dechomai’s Articles of Incorporation and these Policies & Procedures. Dechomai reserves the right to modify the terms of its governing document or these Policies & Procedures at any time and will notify participants of any material changes within 30 days.
2.0 Account Establishment and Administration
2.1. All new donors making donations must complete and submit the signed agreement, either by fax or mail, at the time of their initial donation.
2.2. The minimum initial irrevocable donation is $50,000.
2.3. Dechomai is the record-keeper for donations, investments and grants made.
3.0 Eligible Donors
3.1. Dechomai will accept donations from individuals, private foundations, corporations, trusts and estates.
3.2. The mailing address for donations is Dechomai Foundation, 3713 Pine Street, Jacksonville, FL 32205.
4.0 Donations and Balances
4.1. Donations Are Irrevocable and Unconditional. Once a donation is accepted by Dechomai, it is not refundable and becomes the legal property of Dechomai. Dechomai, through its Board of Directors, has the ultimate authority and control of each account in its entirety. A donor may not impose any material restriction or condition that prevents Dechomai from freely and effectively employing the accounts for solely charitable purposes.
4.2. In the event there is no account activity or donor contact for a period of two years, these funds will be added to Dechomai Director’s Account that makes donations to charities selected by Dechomai’s Board of Directors.
4.3. Dechomai will accept donations of cash or publicly traded securities (including stocks, mutual fund shares and bonds). Cash donations must be denominated in U.S. dollars and delivered by check, electronic funds transfer or wire.
4.4. Dechomai will accept restricted stock subject to the marketability of the securities and the approval of the issuer concerning the sale of such securities. If approval is denied, or in the event the securities cannot be sold within a reasonable period (as determined by Dechomai), the donation will not be accepted and the securities will be returned to the donor.
4.5. Dechomai will accept other non-cash assets, including but not limited to real estate, partial interests in real estate, limited partnership interests, restricted securities, closely-held or privately held companies and any other asset that Dechomai or its Board deems acceptable.
4.6. All donations will be reviewed by Dechomai prior to acceptance. Once the donation is accepted and received by Dechomai, a written receipt will be sent to the donor stating the date and amount of the gift (if cash) and stating the date of the gift, number of shares and description of the asset (if a security). Dechomai will endeavor to provide the donor all of the necessary documentation should the donation come in the form of non-cash assets (as defined in 4.4 & 4.5 above). It is ultimately, however, the responsibility of the donor and his/her representatives to determine the value of the gift for charitable deduction purposes.
4.7. All marketable securities will be liquidated immediately. All other assets will be liquidated as soon as is administratively practical. Dechomai will endeavor to keep the donor apprised of the liquidation process.
5.0 Timing of Donations
5.1. A charitable donation is usually considered made for tax purposes when the donated property is beyond the donor’s control and when it is under the absolute control of the charitable grantee (Dechomai).
5.2. Donations made by check are considered effective when there is an unconditional delivery of the check. When donations are made via U.S. Mail, the donation will be effective on the postmarked date. Dechomai recommends that the donor use a form of certified delivery/return receipt that both records the date the donation is sent and proves that Dechomai received the donation.
5.3. Donations made by electronic funds transfer or wire transfer are effective on the date credited to Dechomai’s account.
5.4. The effective date of donations of marketable securities depends on whether such securities are held in certificate or “street name” form.
5.4.1. For securities held in certificate form, the donation is effective on the date the certificate is re-registered to Dechomai Foundation or when donor makes unconditional delivery of certificates that have been properly endorsed complete with medallion guaranteed stock power forms.
5.4.2. Donations of securities held in “street name” are effective on the date the transfer is irrevocably credited to Dechomai’s account. A donor’s instructions to a broker to make a transfer of securities do not make that donation effective for tax purposes.
6.0 Investing Donations
6.1. Dechomai will invest donations in investments that are selected by Dechomai’s Board of Directors. Dechomai has sole responsibility and authority for investing Dechomai’s assets and may change the composition of the investments at any time.
6.2. Changes in market values may cause the value of investments to be worth more, or less than the value of the original donation to Dechomai. Any income, gains, or losses will accrue tax-free to each account respectively and are not considered additional contributions for income tax purposes.
7.1. Donors have the authority to recommend grants to charitable organizations.
7.2. Individual donors can claim an itemized tax deduction for charitable cash donations in an amount up to 50% of adjusted gross income (AGI) in the tax year when the donations are made. Deductions for donations of securities or mutual fund shares held for more than one year by the donor are deductible at full, fair market value but limited to 30% of AGI per year. Any excess donation may be carried forward and deducted in the five-year period following the year of the donation. For donations of securities or mutual fund shares held for one year or less, the deduction is limited to the security’s basis up to 50% of AGI. A donor’s ability to deduct itemized deductions may be subject to further limitations depending upon the donor’s specific tax situation. Dechomai in no way will offer tax, financial or legal advice to donors, and in every situation, donors will be encouraged to seek their own independent counsel.
7.3. Income that accrues in an account is included in the value of the account and belongs to Dechomai. This income does not constitute income to the donor(s) and does not qualify for an additional charitable deduction by the donor(s).
7.4. Donations to Dechomai are not part of a donor’s taxable estate and are not subject to estate taxes or probate. Similarly, balances in an account may not be bequeathed to any person or organization.
8.1. Donors can recommend grants to charitable organizations by completing a Grant Recommendation form. If approved by Dechomai, the grant will be distributed to the designated charitable organization.
8.2. Grants will be made only to U.S. charitable organizations that are tax-exempt public charities, or to U.S., state, or local government organizations qualified to receive tax-deductible charitable donations, including colleges or universities.
8.3. Dechomai will not approve recommendations that are directed to: foreign charitable organizations, private foundations, organizations that support lobbying, political campaigns or other political activities, fulfill a donor’s legally binding pledge, provide private benefit to the donor or any other related individual, any charities on the terror-watch list, or any purpose not entirely charitable. Grants may not be used for school tuition, to support fund- raising dinners, to buy tickets to charitable events, concerts, auctions, or other benefit function where the donor would receive any value for the gift (i.e.: meal, service, product, etc.).
8.4. Dechomai will notify the donor in writing when grants are distributed from the account. This written notification will be for informational purposes only and should not be construed as representing a charitable deduction for the donor. The donor’s charitable deduction occurred when the original donation was made to Dechomai.
8.5. Dechomai will take corrective action or appropriate legal action if it discovers that grants have been made for improper purposes. This would extend to notifying the appropriate governmental authorities, as the Dechomai Board deems appropriate.
8.6. Dechomai makes grants via electronic transfer of funds or check and will follow the transfer with a letter or email to the charity that recognizes the donor unless the donor wishes to remain anonymous. Donors may not act as intermediaries in the delivery of grants unless specifically approved to do so by the Board of Directors.
9.1. All correspondence will be sent automatically to the donor.
9.2. Dechomai will send the donor a receipt to the account address (or electronic address) within ten business days. The IRS requires that the donor, not the charity, substantiate the gift’s value for tax purposes. Donors should always consult their tax advisor before claiming any fair market value for a donation as no information contained in this document or any document provided by Dechomai should be relied upon as tax advice.
10.0 Fees and Expenses
There are fees and expenses that are associated with operating a charitable entity:
10.1. Administrative Fees – Non-cash Assets. Dechomai incurs administrative expenses in operating as a charitable organization and levies a fee based on the assets in each account. Dechomai’s Board of Directors reviews and approves administrative fees annually. The one- time administrative expenses as a percentage of non-cash assets (defined in 4.4 and 4.5, above) are as follows:
- To $1 million: 3%
- For the next $4 million: 2%
- For the excess: 1%
The minimum fee is $10,000.
These fees may be reduced or increased based on the complexity of the particular asset and assumes a sale within six months. This fee includes all operations and functions of the Dechomai Foundation such as marketing, gift design, tax support, personal property inspection, lease review, environmental appraisals, legal counsel, asset transfer, marketing expenses, asset management expenses (liability insurance, property insurance, taxes, etc.), settlement costs, accounting costs, grantee due diligence and grant processing. The Dechomai Foundation does not expect to receive any other operating support beyond these fees. The fees are expected to average 2.5 percent of total contributions each year in the performance of their duties on behalf of Dechomai.
Fund Structure and Service Agreements
The Dechomai Foundation is a tax-exempt public charity as described in Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code of 1986, as amended. Members of Dechomai’s Board of Directors are independent of any vendor or service provider that may from time to time provide services to Dechomai. This Board has full discretion over any and all of Dechomai’s activities. Should the Board determine that it is necessary to terminate Dechomai, the Board reserves the right to reassign investments held in all accounts to Dechomai Director’s Account and distribute its net assets to qualified charitable organizations. Dechomai will indemnify the Board of Directors against any liability to the fullest extent allowed by law and will purchased insurance policies on behalf of Dechomai and its Directors. Dechomai has entered into an administrative service agreement with Charitable Solutions, LLC to perform administrative, record keeping, and other services. The services performed under this agreement are performed for consideration that is at fair market value as determined by the Directors. Either party may terminate the agreement with 90 days written notice. Dechomai will also indemnify and hold harmless Charitable Solutions, LLC from any claims, losses, liabilities, or expenses except as they may arise from negligence or willful misconduct in the performance of their duties on behalf of Dechomai.