California Probate Code

§ 18504

PROB § 18504 Effective Jan 1, 2009Div. 9 · Part 7

Statute text

(a)Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, all of the following factors:

(1)The duration and preservation of the endowment fund.

(2)The purposes of the institution and the endowment fund.

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Legislative history

Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.