Gift Acceptance Policy

This policy governs the solicitation and acceptance of gifts by Fòs Feminista, a nonprofit organization organized under the laws of the State of New York in the USA and recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Fòs Feminista relies on the generosity of individuals, foundations, and other entities to advance its mission of expanding access for rights-based sexual and reproductive health care and achieving sexual and reproductive justice.

Purpose & Scope

The purpose of this Policy is to establish clear guidelines for the solicitation and acceptance of gifts by Fòs Feminista. These guidelines apply to all gifts to Fòs Feminista.

Gifts to Fòs Feminista are also subject to all federal, state, and other applicable laws, as well as other Fòs Feminista policies, including but not limited to the Conflict of Interest Policy and the Investment Policy.

Gift Acceptance Committee

The Gift Acceptance Committee (“Committee”) shall be comprised of the Chief Executive Officer (CEO), Chief Financial Officer (CFO), and Leads for Philanthropy. The Committee is charged with making recommendations to Fòs Feminista’s Resource Mobilization Committee on gift acceptance guidelines and decisions, including proposed revisions to this Policy, when appropriate.

Use of legal counsel

A. Fòs Feminista

Fòs Feminista shall seek the advice of legal counsel, which may include internal legal staff, in matters relating to acceptance of gifts when appropriate.

Consultation with legal counsel is recommended for gifts involving:

• Securities that are subject to restrictions or buy-sell agreements
• Documents naming Fòs Feminista as trustee or requiring Fòs Feminista to act in any fiduciary capacity
• Wills, trusts, or other estate planning documents naming Fòs Feminista as a beneficiary, particularly when conditions or restrictions are included
• Requirements for Fòs Feminista to assume financial or other obligations
• Transactions with potential or perceived conflicts of interest
• Real estate
• Any other instances where review of counsel is deemed appropriate by Fòs Feminista

B. Donors

Fòs Feminista encourages all prospective donors to seek the assistance of independent personal counsel if they have legal or financial questions relating to their gifts, including the resulting tax and estate planning consequences. Fòs Feminista and its staff and other agents are prohibited from advising donors about the tax consequences of their donations.

General Policy on Gifts

Gifts of any amount are welcomed, appreciated, and needed. While unrestricted gifts are encouraged, donors may request to restrict gifts of US$20,000 or more to a specific use that aligns with Fòs Feminista’s mission and existing programmatic or strategic priorities.

Fòs Feminista generally does not accept restricted gifts under US$20,000 due to the administrative burden involved. Exceptions may be made at the discretion of the Gift Acceptance Committee.

Restrictions that conflict with Fòs Feminista’s mission, strategic priorities, or those of our partners, impose undue administrative burden, or otherwise undermine the values of Fòs Feminista may be declined.

Gifts that are not specifically restricted by a donor will be considered unrestricted or “Board Designated Funds.”  Board Designated Funds are generally held, invested, and expended at the discretion of the Board of Directors. Board Designed Funds intended for long-term investment shall be managed in accordance with Fòs Feminista’s Investment Policy.

Fòs Feminista may, in its sole discretion, decline to accept a gift from any donor that would:

• result in Fòs Feminista violating its organizational documents or core values;
• jeopardize Fòs Feminista’s status as an exempt organization under federal or state law;
• be too difficult or expensive to administer in relation to its value;
• not further Fòs Feminista’s mission; or
• result in unacceptable consequences for Fòs Feminista.

The Gift Acceptance Committee shall make the final determination on the acceptance or rejection of any gift and shall consult with and/or inform Fòs Feminista’s Resource Mobilization Committee as established in this Policy and as generally necessary and appropriate.

Types of Gifts

The following is a non-exhaustive list of the types of gifts that Fòs Feminista may consider for acceptance, subject to restrictions herein.

• Cash
• Securities
• In-kind gifts
• Tangible personal property
• Real property
• Bequests
• Beneficiary designations
• Cryptocurrency

The following criteria govern the acceptance of the above types of gifts.

Cash. Gifts of cash are acceptable in any form, including by check, money order, credit card, or electronic or wire transfers. Unrestricted gifts of cash shall generally be accepted without prior review by the Committee, provided that for donations of $100,000 or more, the identity of the donors has been vetted where possible through existing means of research with respect to any reputational or policy issues.

Restricted gifts of cash shall be subject to the Gift Acceptance Committee’s approval prior to acceptance.

Pledges are commitments to give a specific dollar amount according to a fixed time schedule. All pledges shall be contingent on the execution and fulfillment of a written charitable pledge agreement specifying the pledge terms.

Securities. Fòs Feminista can accept both publicly traded securities and closely held securities. It is understood that the donor, in transferring ownership of the securities, is making a charitable contribution and as such has no rights over the disposition, sale, or retention of any stocks given to Fòs Feminista.

• Publicly Traded Securities. Publicly traded securities, or marketable investment securities, may include stocks, bonds, mutual fund shares, exchange traded funds, limited partnership interests, etc. Such securities may be transferred electronically to an account maintained by Fòs Feminista at one or more brokerage firms or delivered physically with the transferor’s endorsement or signed stock power (with appropriate signature guarantees) attached. All unrestricted marketable securities shall normally be sold as soon as practical following receipt, unless otherwise directed by Fòs Feminista’s Finance & Investment Committee.

For gift crediting and accounting purposes, the value of the securities is the average of the high and low on the date of the gift.

If the marketable securities are restricted by applicable securities laws or private agreement, the Gift Acceptance Committee shall make the final determination on the acceptance of the restricted securities.

• Closely Held Securities. Acceptance of any closely held securities, including debt and equity positions in non-publicly traded companies, interests in LLPs and LLCs, or other ownership forms, is subject to the approval of the Gift Acceptance Committee. The Committee shall review and decide whether to accept closely held securities based on the following factors:

i) there are no restrictions on the security that would prevent Fòs Feminista from ultimately converting the asset to cash;

(ii) the security is marketable;

(iii) the holding or sale of the security will not generate undesirable tax consequences for Fòs Feminista; and

(iv) the percentage of the ownership interest in the issuer which Fòs Feminista would hold has been evaluated to ensure that no reporting is required or, if required, is acceptable, and all other ramifications of such holding are acceptable.

If potential problems arise during initial review of the security, further review and recommendation by an outside professional may be sought before making a final decision on acceptance of the gift.

All closely held securities shall normally be sold as soon as practical following receipt, unless otherwise directed by Fòs Feminista’s Finance & Investment Committee.

In-Kind Gifts. In-kind gifts are noncash donations of goods or services, including but not limited to pro bono legal services, that Fòs Feminista elects to treat as gifts.

Tangible Personal Property. Gifts of tangible personal property may include, by way of example only, equipment, machinery, vehicles, artwork, jewelry, antiques, furniture, and other collectibles. Acceptance of any tangible personal property is subject to approval by the Gift Acceptance Committee. The Committee shall review and decide whether to accept such gifts based on the following factors:

• Whether the property furthers the mission of Fòs Feminista
• Whether the property will be retained or sold
• The marketability of the property
• Any restrictions on the use, display, or sale of the property
• Carrying costs and possible liability for the property

The donor must provide a qualified appraisal of property when the value exceeds US$5,000.

Unless it is to be used in furtherance of Fòs Feminista’s charitable purpose or otherwise restricted by the donor, all personal property gifts will be converted to cash at the earliest opportunity.

Real Property (Real Estate). Gifts of real estate may include developed property, undeveloped property, or gifts subject to a prior life interest.

• Environmental review: Prior to any determination about a proposed gift of real estate, Fòs Feminista shall require an initial environmental review of the property, including all structures on the property, to ensure the property has no environmental damage or potential liability. If the initial inspection reveals a potential problem, Fòs Feminista shall retain a qualified inspection firm to conduct an environmental audit. The cost of the environmental audit shall be an expense of the donor.
• Title Binder and Insurance Binder. When appropriate, Fòs Feminista shall obtain a title binder and insurance binder prior to acceptance of the real property gift. The costs of this title binder and insurance binder shall be an expense of the donor.

Criteria for Acceptance. All gifts of real estate must be approved by the Board of Directors prior to acceptance. Criteria for acceptance shall include the following:

• Whether the property is useful for the purposes of Fòs Feminista
• The marketability of the property
• Any encumbrances, leases, restrictions, reservations, easements, or other limitations associated with the property
• Any carrying costs associated with the property, including insurance, property taxes, mortgages, or notes, etc.,
• Any concerns which the environmental audit revealed

Bequests. Donors and supporters of Fòs Feminista are encouraged to make bequests to Fòs Feminista through their wills and trusts. Such bequests will not be recorded as gifts to Fòs Feminista until such time as the gift is irrevocable and Fòs Feminista has knowledge of such bequest. When the gift is irrevocable but not due until a future date, its present value may be recorded when it becomes irrevocable.

Acceptance of a bequest involving a non-cash or non-marketable security is subject to approval by the Gift Acceptance Committee.

Beneficiary Designations. Donors and supporters of Fòs Feminista are encouraged to name Fòs Feminista as a beneficiary of their retirement plan, life insurance policies, or charitable lead trusts. Such designations shall not be recorded as gifts to Fòs Feminista until such time as the gift is irrevocable and Fòs Feminista has knowledge of such designation.

Fòs Feminista must also be named as both beneficiary and irrevocable owner of an insurance policy before a life insurance policy can be recorded as a gift. The gift is valued at its interpolated terminal reserve value, or cash surrender value, upon receipt. Fòs Feminista will only accept gifts of fully paid life insurance unless the donor contributes future premium payments. If the donor does not elect to continue to make gifts to cover premium payments on the life insurance policy, Fòs Feminista may (i) continue to pay the premium, (ii) convert the policy to paid-up insurance, or (iii) surrender the policy for its current cash value.

Where the gift is irrevocable but not due until a future date, the present value may be recorded when it becomes irrevocable.

Cryptocurrency. Fòs Feminista may take donations of cryptocurrency only through a designated third-party cryptocurrency processor. For purposes of this Policy, “cryptocurrency” means only those digital or virtual currencies that Fòs Feminista’s third-party cryptocurrency processor accepts and can process, including commonly traded cryptocurrencies such as Bitcoin and Ethereum.

Other gifts. The Gift Acceptance Committee shall evaluate other potential gifts, including but not limited to charitable gift annuities, commercial co-ventures, and bargain sales, on a case-by-case basis.

Alignment with Programmatic and Ethical Standards

Fòs Feminista reserves the right to decline gifts with restrictions that:

• Contradict its mission, values, or strategic goals;
• Conflict with evidence-based health practices;
• Undermine partner autonomy or community-driven priorities;
• Discriminate based on geography, identity, or health services (e.g., contraception vs. abortion);
• Prohibit essential operational expenses (e.g., salaries, administrative support).

Restrictions that present compliance challenges or are impossible to honor (especially from anonymous donors) will be reviewed carefully and may be declined.

Minimum Threshold for Restricted Gifts

Fòs Feminista generally does not accept restricted gifts under US$20,000 unless the restriction aligns directly with existing programs or strategic funding priorities. This threshold is intended to ensure that the administrative burden of managing restricted gifts does not outweigh the value of the contribution. Exceptions may be made at the discretion of the Gift Acceptance Committee.

Communication with Donors Regarding Restrictions

If Fòs Feminista determines that it cannot fulfill the terms of a donor’s restriction, or that the restriction is inconsistent with organizational priorities, it will promptly inform the donor. Fòs Feminista will seek to agree on an alternative use of the gift that aligns with both the donor’s intent and Fòs Feminista’s mission. If a mutually acceptable alternative cannot be reached, the contribution will be declined or returned, as appropriate.

Donor Privacy

All information collected by Fòs Feminista about donors, prospective donors, gifts, or prospective gifts shall be kept confidential. Fòs Feminista shall use such information only for Fòs Feminista’s purposes and shall only disclose such information to authorized third party service providers that are selected with due care and contractually bound to maintain confidentiality.

Fòs Feminista shall maintain all reasonable and appropriate physical, electronic, and managerial procedures to prevent unauthorized access to donor and gift information.

Fòs Feminista is committed to transparency in how donor data is handled. Our data-sharing policies are governed by our Privacy Policy, which is available on our website and referenced in relevant donor communications.

Miscellaneous Provisions

Written acknowledgements. Fòs Feminista shall follow the current IRS requirements in acknowledgment of gifts.

Gift Agreements. Where appropriate, Fòs Feminista shall enter into a written gift agreement with the donor, specifying the terms of any restricted gift, which may include provisions about donor recognition.

IRS Form 8282. To the extent applicable, Fòs Feminista shall file IRS Form 8282 upon the sale or disposition of any charitable deduction property sold within three (3) years of receipt by Fòs Feminista. “Charitable deduction property” means any donated property (other than money and publicly traded securities) if the value claimed by the donor exceeds $5,000 per item or group of similar items donated by the donor to one or more donee organizations (e.g., the property listed in Section B on Form 8283). Fòs Feminista shall file this form within 125 days of the date of sale or disposition of the asset.

Fees and Commissions:  Fòs Feminista will not compensate, through commissions, finder’s fees, or other means, any third party for directing a donor to Fòs Feminista other than as such arrangements are made with registered professional fundraisers or fund-raising counsel in compliance with charitable solicitation laws.

Revision History

This Policy shall be reviewed annually. The Gift Acceptance Committee shall coordinate the annual review and any necessary updates in coordination with Fòs Feminista’s Resource Mobilization Committee. Any updates must be approved by the Resource Mobilization Committee.