The San Francisco SPCA (“the SF SPCA”), a not-for-profit organization organized under the laws of the State of California, encourages the solicitation and acceptance of gifts for purposes that further and fulfill its mission to save and protect animals, provide care and treatment, advocate for their welfare and enhance the human-animal bond.

The following policies and guidelines govern acceptance of gifts made to the San Francisco SPCA or for the benefit of any of its programs and services:

I.  Purpose of Policies and Guidelines

The Board of Directors of the SF SPCA and its staff are authorized to solicit current and deferred gifts from individuals, corporations, foundations, and government entities to secure the SF SPCA’s mission and future growth. These policies and guidelines govern the acceptance of gifts by the SF SPCA and provide guidance to prospective donors and their advisors concerned with the solicitation, receipt, acceptance, application and disposition of gifts to the SF SPCA. It should be noted that this document is not intended to provide detailed descriptions of various giving instruments or offer advice to prospective donors regarding the most effective means of achieving their philanthropic goals.

II.  Responsibility to Donors, Ethics and Conflict of Interest

The SF SPCA, its staff and representatives shall endeavor to assist donors in accomplishing their philanthropic objectives in providing support for the SF SPCA.

a.   Confidentiality and Anonymity: The SF SPCA holds all communication and information concerning donors and prospective donors in the strictest confidence. The SF SPCA will respect requests for anonymity and will take reasonable steps to safeguard those donors’ identities, subject to legal requirements and legally authorized or enforceable requests for information by government agencies and courts. All other requests for – or release of – information concerning a donor or prospective donor will be granted only if permission is first obtained from the donor or required by law.

b.   Ethics: The SF SPCA will comply with the Model Standards of Practice for the Charitable Gift Planner promulgated by the National Association of Charitable Gift Planners, Appendix A to this document. The donor shall be accorded the consideration outlined in the Donor Bill of Rights developed by the Association of Fundraising Professionals, Appendix B to this document.

c.   Conflict of Interest and Disclaimer: Each prospective donor shall be informed that the SF SPCA does not provide legal, tax or financial advice, and the SF SPCA staff and/or representatives will urge all prospective donors to seek the assistance of personal legal and financial advisors in matters relating to their gifts and the resulting tax and estate planning consequences.

d.   Fiduciary Relationships: The SF SPCA will not agree to serve as executor of a decedent’s estate or as a trustee of any trust.

III.    Advice of Legal Counsel

The SF SPCA shall seek the advice of legal counsel in matters relating to acceptance of gifts when appropriate. Review by counsel is recommended for:

a.   Closely held stock transfers that are subject to restrictions or buy-sell agreements.

b.   Documents naming the San Francisco SPCA as Executor, Personal Representative, or Trustee.

c.    Deeds or other instruments conveying legal title to real estate.

d.   Gifts involving contracts, such as bargain sales or other documents requiring the San Francisco SPCA to assume an obligation.

e.   Transactions that could cause an actual, potential, or perceived conflict of interest, whether or not such conflict may invoke IRS sanctions.

f.    Other instances in which engagement of counsel is deemed appropriate by the Chief Financial Officer and/or General Counsel.

IV.   Restricted Gifts

Donors shall always be encouraged to make unrestricted gifts to the SF SPCA in order to provide the SF SPCA with maximum flexibility in pursuit of its mission.

The SF SPCA may accept unrestricted gifts and gifts for specific programs and purposes, provided that such gifts are not inconsistent with its stated mission, purposes, and priorities and do not violate its corporate bylaws.

The SF SPCA will not accept gifts that are too restrictive in purpose. Gifts that are too restrictive are those that are too difficult to administer or are for purposes outside the mission of the SF SPCA.

All restricted gifts shall be memorialized in a written document describing the restrictions imposed on the gift by the donor and any other obligations that may be undertaken by the SF SPCA with respect to the gift.

Permanently Restricted Gifts: The SF SPCA generally discourages permanently restricted gifts. However, they may be accepted if they conform to the SF SPCA’s Permanently Restricted Funds Policy and if they are approved by the Board of Directors. A permanently restricted gift requires a minimum contribution of

$1,000,000 and must be restricted to a program that is within the mission of the SF SPCA or unrestricted with respect to purpose. Gifts restricted to a program that becomes inactive may be allocated to a similar active program at the Board of Directors’ discretion. Donors shall be encouraged to include variance power with respect to the use of their gift in the gift agreement. All permanent restrictions must be in writing.

All decisions about accepting or declining a restricted gift shall be made by the Chief Financial Officer and/or General Counsel and will be final.

V.     Gift Policy Committee

A Gift Policy Committee shall be convened when potential gifts do not comport with these policies, or as otherwise indicated by this policy. The committee shall be comprised of four members:

1. The Chief Executive Officer
2. The Chief Advancement Officer
3. The Chief Financial Officer or General Counsel
4. The Chair of the Board of Directors or the Chair of the Board Development Committee

The Chief Executive Officer, Chief Advancement Officer, and Chief Financial Officer/General Counsel may designate decision-making authority to a different member of the Senior Executive Team, as needed. The Chair of the Board of Directors and the Chair of Board Development Committee may designate decision-making authority to a different member of the Board of Directors, as needed.

VI.  Authority to Accept Gifts

The Chief Advancement Officer is authorized to accept, on behalf of the Board of Directors, gifts of cash, grants, monetary pledges, donations, endowments, planned gifts and marketable securities with the exceptions and approvals outlined in the document henceforth. The Gift Policy Committee, Chief Financial Officer, and General Counsel are authorized to accept certain types of gifts and make policy exceptions as outlined throughout the document below. They may delegate authority to accept gifts that meet specific criteria at their discretion.

VII.   Gift and Pledge Confirmation

To be recorded as organizational revenue, all gifts must be received by the SF SPCA outright or documented in writing and signed by the donor or the donor’s legal representative. Written confirmation should commit to a specific dollar amount that will be paid by a certain date and include a statement that allocates gifts to the SF SPCA or, alternatively, projects agreed upon between the donor and the organizational leadership.

Acceptable forms of written confirmation include, but are not limited to, a signed: letter authored by the donor; text or email message; written agreement; trust document or other legally binding documentation associated with acceptable planned giving instruments, or other legal notification.

VIII.  Acceptance, Crediting, and Counting of Outright Gifts

1. Cash: Cash and other currency are acceptable in any form (including checks, credit cards, and wire transfers). Gifts in the form of cash shall be accepted regardless of amount unless, as in the case of all gifts, there is a question as to where donors have sufficient title to the gifted funds or are mentally competent to legally transfer funds to the SF SPCA as gifts. Checks shall be made payable to the SF SPCA and shall be sent to the SF SPCA; in no event should a check be made payable to an employee, agent or volunteer for the credit of the SF SPCA.

• Pledges: Unless a longer period is approved by the Gift Policy Committee, the pledge payment period will not exceed five years.
• Pledges payable over more than one year shall be at least $10,000.

Crediting and Counting Guidelines for Cash Gifts

Cash and checks will be credited and counted at the full amount of the gift as of the gift’s postmark date. Credit cards will be credited and counted at the full amount of the gift when the credit card transaction is processed.

2. Securities: The SF SPCA may accept both publicly traded securities and closely held securities.

a.     Publicly Traded Securities: Readily marketable securities may be transferred to an account maintained at one or more brokerage firms or physically delivered with the transferor’s signature or with a stock power attached. Gifted securities will be sold promptly. In no event shall an employee or volunteer working on behalf of the SF SPCA commit to a donor that a particular security be retained by the SF SPCA unless authorized to do so by the Gift Policy Committee.

Crediting and Counting Guidelines for Publicly Traded Securities

Gifts of publicly traded securities will be credited and counted at the averages of the high and low selling prices on the date that the donors transfer control of assets to SF SPCA (not the value of the securities on the dates that they are sold by the SF SPCA).

1. Restricted Securities: If marketable securities are restricted by applicable securities laws, including but not limited to Rule 144, or if there are any other restrictions that might prevent immediate sale, the donor must disclose this information before the transfer. The final decision about the acceptance of the restricted securities shall be made by the Chief Financial Officer and/or General Counsel.
2. Options and Other Rights in Securities: Proposed gifts of warrants, stock options, stock appreciation rights, and other such interests shall be reviewed by the General Counsel and/or the Chief Financial Officer prior to acceptance. See Appendix C for internal gift review procedures. The final decision about the acceptance of the restricted securities shall be made by the Chief Financial Officer and/or General Counsel.
3. Closely Held Securities: Closely held securities, which include not only debt and equity positions in non- publicly traded companies but also interests in LLPs, LLCs, and other forms of ownership may be accepted subject to the approval of the General Counsel and/or the Chief Financial Officer. See Appendix C for internal gift review procedures.

Further review by an outside professional may be sought before making a final decision about acceptance of the gift. Every effort will be made to sell non-marketable securities as quickly as possible. In no event shall an employee or volunteer working on behalf of the SF SPCA commit to a donor that a particular security be retained by the SF SPCA unless authorized to do so by the Gift Policy Committee.

Crediting and Counting Guidelines for Closely Held Securities

If accepted, gifts of closely held securities that exceed $10,000 in value will be credited and counted toward fundraising totals at the fair market value placed on them by a qualified independent appraiser as required by the Internal Revenue Service.

If accepted, gifts of closely held securities of $10,000 or less may be credited, counted, and valued at the per-share cash purchase price of the most recent transaction (normally, this transaction is the redemption of the stock by the gifting corporation). If no redemption has occurred during the reporting period, an independent certified public accountant who maintains the books for that corporation is qualified to value its stock.

3. Tangible Personal Property: Gifts of tangible personal property may be accepted by the organization if the General Counsel and/or Chief Financial Officer deems that sales of such property may (1) be affected without undue burden and (2) are either convertible to cash or are of actual direct value to the organization. If not of actual direct value to the organization, the SF SPCA will only accept a gift of tangible personal property on a case-by-case basis with the prior written approval of the General Counsel and/or the Chief Financial Officer and only if the property has a value of $5,000 or more. See Appendix C for internal gift review procedures.

The SF SPCA does not accept gifts of art, jewelry, timeshares, frequent flyer miles or livestock. Exceptions may be made at the approval of the General Counsel and/or the Chief Financial Officer.

Gifts of vehicles shall be handled by a third party that will transmit the proceeds to the SF SPCA.

For gifts of tangible personal property with a value of $5,000 or more, the donor shall obtain an appraisal, conducted in accordance with generally accepted appraisal standards, from a qualified appraiser who has no business or relationship with the donor.

Crediting and Counting Guidelines for Tangible Personal Property

Gifts of tangible personal property with a value of $500 or more will be recognized and credited to the donor at the fair market value.  In-kind gifts of tangible personal property are not counted toward fundraising totals.

4. In-Kind Services: Gifts of in-kind services will be considered for acceptance and recognition if such gifts are eligible for charitable tax deductions under Internal Revenue Service standards.

Crediting and Counting Guidelines for Gifts of In-Kind Services

Gifts of “time” will be recognized and credited to the donor at the fair market value.

In general, the monetary value of gifts in the form of in-kind services will only be counted toward fundraising totals if the SF SPCA determines they may be used by the SF SPCA in such a way that they liberate additional funds directed toward organizational operations. The value of gifts of “time” in the form of donated professional services will not be recorded as organizational revenue. A donor who wishes to donate professional services is encouraged to bill the SF SPCA for services rendered, and then make a gift in the amount in which they are paid by the SF SPCA.

5. Real Estate: The SF SPCA will consider real property gifts if they have a market value that is reasonable in light of the cost and effort required to liquidate it. Prior to accepting the real property, the gift shall be approved by the Gift Policy Committee. Gifts of real estate may include developed property, undeveloped property, or gifts subject to a prior life interest. Gifts of real estate are typically listed for sale as soon as they are received unless the SF SPCA prefers to occupy it or use the property to further its mission. See Appendix C for internal gift review procedures.

Prior to accepting real estate, the SF SPCA shall require an initial environmental review to ensure that the property has no environmental damage. If the initial inspection reveals a potential problem, the SF SPCA may retain a qualified inspection firm to conduct an environmental audit. The prospective donor shall bear the cost of the initial environmental review and any subsequent environmental audit. The SF SPCA shall obtain a preliminary title report prior to accepting the real property.

Prior to accepting any gifts of real estate, the donor will arrange for, and obtain, an appraisal from a qualified appraiser within a period of 60 days before the property is donated. The cost of the appraisal is to be borne by the donor; however, the appraiser should have no business or other standing relationship with the donor.

In the rare circumstance that a real estate gift is conveyed (i.e. by executed deed) prior to pre-acceptance review outlined above, the SF SPCA will apprise the Chief Financial Officer (or the CFO’s delegate), who will determine whether to book the asset for insurance purposes, and the General Counsel, who will identify the appropriate outside counsel to engage to provide legal advice. The Finance and Capital Improvement Committees of the Board will also be apprised.

Crediting and Counting Guidelines for Real Estate

Gifts of real estate will be credited and counted toward fundraising totals at their appraised value at the time they are gifted (not the sale price).

6. Remainder Interests in Property: The SF SPCA may accept a remainder interest in a personal residence, farm, or vacation property subject to the provisions of paragraph 5,

The donor or other life tenant may continue to occupy or otherwise use the real property for the duration of the stated life. At the death of the life tenant, the SF SPCA may use the property for purposes related to its mission or sell it. Expenses for maintenance, real estate taxes, insurance, any property indebtedness, and all other expenses related to the property are the responsibility of the life tenant. A representative of the SF SPCA will inspect the property periodically.

7. Oil, Gas, and Mineral Interests: The SF SPCA may accept oil, gas, and mineral property interests. Prior to acceptance such an interest the gift shall be approved by the Chief Financial Officer and/or General Counsel and if necessary, by the SF SPCA’s outside legal counsel. Gifts should be carefully evaluated to determine possible tax consequences, potential liability and environmental An environmental review should be conducted prior to accepting the gift.

Crediting and Counting Guidelines for Oil, Gas, and Mineral Interests

Gifts of oil, gas, and mineral interests will be credited and counted at their appraised value at the time they are gifted (not the sale price).

8. Intellectual Property: The SF SPCA may accept gifts of intellectual property including but not limited to royalties, patents, copyrights, and contract rights.

These gifts shall be evaluated on a case-by-case basis and require approval from the Chief Financial Officer and/or General Counsel. See Appendix C for internal gift review procedures.

Crediting and Counting Guidelines for Intellectual Property

Gifts of intellectual property will be credited and counted at their appraised value at the time they are gifted (not the sale price).

9. Bargain Sales: The SF SPCA generally does not enter into bargain sale transactions. Exceptions may be made if the SF SPCA either intends to use the property for its mission and purpose or establishes that there is a market that will allow for a sale within 12 months of receipt. Acceptance of such gifts requires the approval of the Gift Policy Committee.

Bargain sales require that the value of the property must be substantiated by an independent appraisal, careful evaluation of any debt on the property, the amount of any taxes and the costs of owning the property, including but not limited to management, maintenance, and insurance, during the holding period have been determined.

Crediting and Counting Guidelines for Bargain Sales

If accepted, gifts of deep discounts or bargain sales can be credited and counted toward fundraising totals if an individual or company provides a bill of sale clearly indicating the normal retail price that the SF SPCA would have paid the individual or company for the product (the “normal price” would reflect any discounts typically provided to the SF SPCA), less the charitable contribution of the discounted amount, and a net cost.

IX.     Acceptance, Crediting, and Counting of Deferred Gifts

1. Wills: The SF SPCA encourages its donors and supporters to make bequests to it through their wills. A charitable bequest to SF SPCA made in a donor’s will may be accepted by SF SPCA if unencumbered and if the underlying assets are in conformance with the guidelines set forth in this document. The Gift Policy Committee reserves the right to reject gifts from the estates of deceased donors that are not in keeping with the terms of this policy. The donor can designate a specific amount, a percentage, or the remainder of an estate.

Undesignated bequests through wills received by the SF SPCA during a campaign may be designated to the campaign at the discretion of the Gift Policy Committee.

Crediting and Counting Guidelines for Wills

All donors making documented bequests to the SF SPCA in a will shall be credited and acknowledged as donors in the SF SPCA Legacy Society. Documented bequests made through wills shall be counted toward fundraising totals at face value. Given their revocable nature, bequests made through a will not be recorded as organizational revenue until the gift is realized.

2. Trusts: The SF SPCA encourages its donors and supporters to make bequests to it through their trusts. A charitable bequest to SF SPCA made in a donor’s trust may be accepted by SF SPCA if unencumbered and if the underlying assets are in conformance with the guidelines set forth in this document. The Gift Policy Committee reserves the right to reject gifts from the estates of deceased donors that are not in keeping with the terms of this policy. The donor can designate a specific amount, a percentage, or the remainder of an estate.

Undesignated bequests through trusts received by the SF SPCA during a campaign may be designated at the discretion of the Gift Policy Committee.

Crediting and Counting Guidelines for Trusts

All donors making documented bequests to the SF SPCA in a trust will be credited and acknowledged as donors in the SF SPCA Legacy Society. Documented bequests made through trusts shall be counted toward fundraising totals at face value. Bequests made through trusts will be recorded as organizational revenue if the trust is irrevocable or once the gift is realized.

3. Beneficiary Designations: The SF SPCA encourages its donors and supporters to name the SF SPCA as a beneficiary of their retirement plans and financial accounts and/or beneficiary or contingent beneficiary of annuity policies.

Donors of such gifts are strongly encouraged to inform the SF SPCA of the gift, the name of and contact information for the financial institution and the account or policy number, preferably by giving the SF SPCA a copy of the designation of beneficiary form. Without this information it may be impossible to realize the donor’s intended gift.

Crediting and Counting Guidelines for Retirement Plans, Financial Accounts, and Annuity Policies

All donors who have documented designation of the SF SPCA as a beneficiary of the above gift types will be credited and acknowledged as donors in the SF SPCA Legacy Society. Documented beneficiary designations shall be counted toward fundraising totals if there is a means to establish a credible estimate of the value of the gift at the time the commitment is made.

4. Life Insurance: The SF SPCA may accept gifts of policies that are paid-up or have a cash value. The SF SPCA will not accept life insurance if it will be responsible for payment of premiums, even if the donor intends to provide the funds for the The SF SPCA will not accept or engage in any viatical arrangements.

The SF SPCA strongly encourages donors of such gifts to inform the SF SPCA of the gift, the name of and contact information for the financial institution or insurance company and the account or policy number, preferably by giving the SF SPCA a copy of the designation of beneficiary form. Without this information it may be impossible to realize the donor’s intended gift.

Crediting and Counting Guidelines for Life Insurance

Documented gifts of Life Insurance will be credited and acknowledged as donors in the SF SPCA Legacy Society. Documented gifts of life insurance will be counted toward fundraising totals at face value toward fundraising totals. The SF SPCA must be named as both beneficiary and irrevocable owner of an insurance policy before a life insurance policy can be recorded as organizational revenue.

5. Life Income Gifts

a.     Charitable Gift Annuities: The SF SPCA does not have a license to issue gift annuities and therefore does not issue charitable gift annuities. The SF SPCA may work with donors to facilitate such gifts for its benefit through a licensed third party.

Crediting and Counting Guidelines for Charitable Gift Annuities

Documented gifts of charitable gift annuities will be credited and acknowledged as donors in the SF SPCA Legacy Society. Gifts of charitable gift annuities will be counted toward fundraising totals at face value.

b.     Charitable Remainder Trusts: The SF SPCA may be designated as a beneficiary of a charitable remainder trust. The SF SPCA will not serve as Trustee of a charitable remainder trust. The SF SPCA may work with donors to facilitate such gifts for its benefit when the donor or a third party will serve as trustee.

Crediting and Counting Guidelines for Charitable Remainder Trusts

Documented gifts of charitable remainder trusts will be credited and acknowledged as donors in the SF SPCA Legacy Society. Gifts made to establish charitable remainder trusts will be counted toward fundraising totals at face value.

c.      Pooled Income Funds: The SF SPCA does not offer a pooled income fund.

6. Charitable Lead Trusts: The SF SPCA may be designated as a beneficiary of a charitable lead trust. The SF SPCA will not serve as Trustee of a charitable lead trust. The SF SPCA may work with donors to facilitate such gifts for its benefit when the donor or a third party will serve as trustee.

Crediting and Counting Guidelines for Charitable Lead Trusts

Documented gifts of charitable lead trusts will be credited and counted toward fundraising totals at face value.

X.    Declining and Returning Gifts

The Gift Policy Committee may decline or return gifts under certain conditions including, but not limited to, the following:

1.     Gifts that are restricted and would require support from other resources that are unavailable, inadequate, or may be needed for other institutional purposes.

2.     Gifts that are restricted and would support purposes or programs peripheral to existing principal purposes of the SF SPCA or create or perpetuate programs or obligations which would dissipate resources or deflect energies from other programs or purposes.

3.     Gifts that could injure the reputation or standing of the SF SPCA or cause it to enter into activities that are in conflict with its mission.

4.     Gifts that could put at risk the SF SPCA’s tax-exempt status or trigger negative tax situations, such as unrelated business income tax.

5.     Gifts may be returned to donors under certain conditions including, but not limited to, the following:

a.     Cases in which gifts are accepted but, upon further review by the Gift Policy Committee, are subject to the concerns set forth above.

b.     Cases in which the SF SPCA is unable to fulfill donors’ philanthropic intentions.

XI.     Guiding Principles

The following are the guiding principles used in developing these policies:

1.   These policies are informed by established industry guidelines for best practices in fundraising. These guidelines include Generally Accepted Accounting Principles (GAAP), standards approved by the Financial Accounting Standards Board (FASB), and the National Association of Charitable Gift Planners (CGP).

2.   It is assumed that the SF SPCA and its representatives will endeavor, at all times, to faithfully implement the stated and/or written goals of donors and the SF SPCA remains with ultimate variance power.

3.   Persons acting on behalf of the SF SPCA shall encourage donors to discuss proposed gifts with independent legal, financial, and/or tax advisors and shall stress the importance of such counsel when gifts in question are structured and irrevocable.

XII.    Miscellaneous Provisions

5. Appraisals and Advice to Donors: It is the donor’s responsibility to secure an appraisal (where required) and to consult their own independent legal counsel, financial or other professional advisers for all gifts made to the SF

6. Valuation of Gifts: When recording a gift as organizational revenue, the SF SPCA will value all gifts at their market value on the date of
7. Acknowledgement and Compliance: The Finance Department is responsible for filing IRS Form 8282 upon the sale or disposition of any asset sold within three years of receipt by the SF SPCA when the charitable deduction value of the item is more than $5,000. The SF SPCA must file this form within 125 days of the date of sale or disposition of the Form 8282 with Filing Instructions and IRS Publication 561 Determining the Value of Donated Property can be downloaded from www.irs.gov.
8. Exceptions to Policies: Acceptance of gifts to the SF SPCA in a manner that is inconsistent in any way with this statement of policy must be approved in writing by the Gift Policy Committee, who shall report such exceptions to the Board of Directors at the next regular
9. Policy Review, Acceptance and Revisions: The Gift Policy Committee shall periodically (but no less frequently than every five years) review these policies to ensure that they continue to accurately describe the policies of the SF SPCA. In addition, these policies shall be reviewed and ratified by the Board of Directors each time the Board determines that the SF SPCA will embark on a major capital or other fundraising

APPENDICES

1. Model Standards of Practice of the Charitable Gift Planner (https://charitablegiftplanners.org/standards/model-standards-practice-charitable-gift-planner)

1. The Donor Bill of Rights developed by the Association of Fundraising Professionals (https://afpglobal.org/donor-bill-rights)
2. Internal Gift Review Procedures
   – Options and Other Rights in Securities: Considerations prior to acceptance of the property shall include:

• Is the SF SPCA required to advance funds upon exercise of the gift? If so, does the SF SPCA have the required funds?
• Does the SF SPCA risk of loss of funds if it accepts the gift?
• Are the rights restricted? If so, does the restriction affect the ability of the SF SPCA to dispose of the asset? Does the restriction materially impact the value of the gift?
• Will acceptance of the gift and/or exercise of the option trigger any tax consequences to the donor?
  
  2. Closely Held Securities: Gifts must be reviewed prior to acceptance to determine that:
• There are no restrictions on the security that would prevent the SF SPCA from ultimately converting those assets to cash.
• There is a market for the security.
• The security will not generate any undesirable tax consequences for the SF SPCA, including Unrelated Business Income Tax (UBIT)? If so, does the SF SPCA have the funds to pay the tax? Unless the SF SPCA’s Chief Financial Officer and/or General Counsel has specifically approved the gift. Could ownership of an interest in the entity create liability for the SF SPCA?
• The security would not generate any undue liability for the SF SPCA (i.e., the security provides for limited liability as the owner of the business or asset and would not subject the SF SPCA to capital calls or other potential cash outlays).
• Will the gift trigger any negative tax consequences to the donor?
• Is the security marketable? If so, what is the market for sale, and estimated time required for sale?
  
  

3. Tangible Personal Property: Consideration should be given as to whether the item might be used in conjunction with an existing SF SPCA program. If not, there should be a plan for selling the property for cash, including the anticipated time frame and marketing expense for the proposed sale before the gift is accepted. Considerations prior to acceptance of the property shall include:

• Does the property fulfill the SF SPCA’s mission? If not, is the property marketable?
• Are there any undue restrictions on the use, display, or sale of the property? If the donor proposes restrictions on the use of the property, are they consistent with the SF SPCA’s institutional needs? Are there any carrying costs for the property, including, but not limited to, insurance, storage, maintenance, etc.
• Is the gift deductible to the donor under the Related Use rules?
  
  

4. Real Estate: Considerations prior to acceptance of the property shall include:

• Is the property useful for the purposes of the SF SPCA? If not, is the property marketable?
• Are there any restrictions, reservations, easements, or other limitations associated with the property? Are there carrying costs, which may include insurance, property taxes, mortgages, or notes, etc., associated with the property?
• Does the environmental audit reflect that the property is readily marketable and avoids risks of environmental liability?
  
  

5. Intellectual Property: Considerations prior to acceptance of the property shall include:

• Is the intellectual property right related to the SF SPCA’s mission?
• Can ownership of the intellectual property rights be transferred or assigned to the SF SPCA?
• Is the gift a full or fractional interest in the intellectual property? If fractional, who are the other owners and their percentage interests?
• Is the gift deductible to the donor under the Partial Interest rules?
• Does the right in the intellectual property generate, or have the potential to generate, meaningful income for the SF SPCA?
• Is there a market for the sale or licensing of the intellectual property? Is there a manager or agent?
• Are there any costs associated with acceptance of the intellectual property? (e.g., Will further action be needed to secure a patent, are there any claims, liens or other contests associated with the property, or are there likely to be costs associated with defending the intellectual property right?)
• Are there any restrictions on the retention or use of the property?
• What agreements or other legal documents would the SF SPCA be required to execute to obtain patents, market the property and grant licenses?
  
  
  This Gift Acceptance Policy was last updated on March 26th, 2025.