N.Y. Not-for-Profit Corporation Law § 551: Definitions

§ 551. Definitions.

As used in this article:

(a) "Charitable purpose" means the relief of poverty, the advancement

of education or religion, the promotion of health, the promotion of a

governmental purpose, or any other purpose the achievement of which is

beneficial to the community including any purpose that is charitable

under the laws of the state of New York.

(a-1) "Donor" means the person who grants or transfers property to an

institution pursuant to a gift instrument, or a person designated in the

applicable gift instrument to act in the place of the donor, but does

not otherwise include the person's executors, heirs, successors,

assigns, transferees, or distributees.

(b) "Endowment fund" means an institutional fund or part thereof that,

under the terms of a gift instrument, is not wholly expendable by the

institution on a current basis. The term does not include assets that an

institution may designate as an endowment fund for its own use,

consistent with the terms of the applicable gift instrument.

(c) "Gift instrument" means a record or records, including an

institutional solicitation, under which property is granted to,

transferred to, or held by an institution as an institutional fund.

(d) "Institution" means: (1) a person, other than an individual,

organized and operated exclusively for charitable purposes; (2) a trust

that had both charitable and noncharitable interests, after all

noncharitable interests have terminated; or (3) any corporation

described in subparagraph five of paragraph (a) of section 102

(Definitions). Whenever any provision of this article imposes any

obligation on, or requires any action to be taken by, an institution,

such obligation is imposed on, and such action shall be authorized by,

the governing board of such institution.

(e) "Institutional fund" means a fund held by an institution. This

term shall not include: (1) program-related assets; (2) a fund held for

an institution by a trustee that is not an institution; or (3) a fund in

which a beneficiary that is not an institution has an interest, other

than an interest that could arise upon violation or failure of the

purposes of the fund.

(f) "Notice" means information given by an institution as required by

this article. An institution will be considered to have given notice if

notice is given personally in writing or sent to the recipient's last

known address on record with the institution, or, if no address is on

record with the institution, if the institution makes reasonable efforts

to attempt to find and notify the recipient. If the notice is mailed,

such notice is given when deposited in the United States mail, with

postage thereon prepaid. If the notice is delivered by electronic means,

such as via facsimile or email, such notice is given when the notice is

sent.

(g) "Person" means an individual, corporation, business trust, estate,

trust, partnership, limited liability company, association, joint

venture, or any other legal entity.

(h) "Program-related asset" means an asset held by an institution not

for investment under the terms of the gift instrument, but primarily to

accomplish a programmatic purpose of the institution.

(i) "Record" means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form.

(j) A donor is "available" if such donor (1) is living or, if the

donor is not a natural person, is in existence and conducting

activities; and (2) can be identified and located with reasonable

efforts.

(k) "External agent" means an independent investment advisor,

investment counsel or manager, bank, or trust company.