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ARKANSAS
STATE UNIVERSITY FOUNDATION, INC.
Section
1. Introduction
Section
2. Funds
Administration
Section
3. Processing,
Depositing and Receipting Assets
Section 4. Asset Management
Section 5. Spending Available Fund
Section 6. Reporting and Disclosure
Section 7. Forms
As defined in its bylaws, the
primary purpose of the Foundation is to receive, solicit, accept and hold,
administer, invest and disburse any and every kind of property for such
education, scientific, literary, research and service activities from
individuals and organizations, including foundations, government agencies and
private businesses, to support the corporation’s activities, and it shall
manage endowments given to the corporation for the benefit of
Arkansas State
University.
The Foundation, as a direct
support organization of Arkansas State University, believes it should be
sensitive to public scrutiny of its financial affairs. However, the Foundation’s ability to assure current and prospective donors that their
personal or financial information will be held in confidence is essential to
fulfilling its primary mission of raising private support for Arkansas State
University.
It is the Foundation’s
policy, upon receipt of a reasonable and specific request in writing, to make
public foundation financial information, including expenditures from foundation
funds, documentation regarding completed business transactions, and information
about investment and management of foundation assets. The Foundation will not,
however, release personal or financial information regarding a donor,
prospective donor or volunteer.
The relationship between
Arkansas State University and the Foundation is specified in writing in the form
of a mutually approved operating agreement. In this agreement, the Foundation
agrees to provide support to the university in accordance with the provisions of
its Articles of Incorporation, Charter and Bylaws. This support includes, but is
not limited to, researching, raising, receiving, acknowledging, investing,
accounting for and
In return for this support, the
university shall provide the staff of the offices of
University Development and
Advancement Services as support staff for the Foundation, and shall supply
office space, supplies, travel and equipment funds as necessary in support of
the activities of the Foundation. The university will also designate the
Foundation as the primary entity for receipting, acknowledging, accounting for,
managing and investing endowment funds. University Development is responsible for
researching, identifying and maintaining biographical and giving records of
potential and actual donors.
The Arkansas State University
Foundation, Inc., is governed by a 37-member Board of Directors, which has
the authority to exercise or delegate all of its powers and rights except to the
extent limited by law. Thirty-three
(33) of the Board members are “at large” directors, elected on a rotating
basis that carry three-year terms. In addition, the immediate past chair,
the chair and vice chair of the Board of Directors and a member of the
Trustees
Emeriti serve as voting members of the board. The
president of Arkansas State
University will serve as an ex-officio, non-voting member.
Officers of the Foundation
include the chair, vice chair, president/CEO, secretary and treasurer.
Standing committees identified
in the Foundation Bylaws are as follows:
Executive Committee – This
committee shall have and exercise the powers and authority of the Board of
Directors in the management of the Foundation in compliance with the approved
bylaws.
Nominating Committee
– This committee is responsible for nominating at least 11 prospective directors of the Foundation at the annual meeting each year.
Finance and Investment Committee – Members
of this committee represent
Audit Committee – This
committee shall provide advice and assistance to the Board of Directors relating
to accounting and reporting practices, financial reports, internal control and
compliance issues.
In order to ensure compliance
with donor’s restrictions on the uses of their gifts, the Foundation maintains
more than 600 separate funds or accounts. Each account is assigned an
account controller in the
department, college or unit for which the gift is restricted.
Account controllers must be
employees of Arkansas State University. The account controller, in conjunction
with his or her supervising dean, director or vice president, is responsible for
disbursing monies for the purpose intended by the donor.
In most cases, it is the
donor’s intent that provides the criteria for determining an account’s
restricted purpose. In other instances, accounts are established for the general
use of a given department, college, center or program, with no specific donor
restrictions.
The Foundation currently
recognizes the following account categories:
Restricted
Discretionary – Accounts comprised of
gifts directed to a specific college or department with no stipulation made as
to its use. Such accounts are used at the discretion of the head of the
department or college.
Restricted
Scholarship – Accounts comprised of
gifts made to specific non-endowed student scholarship funds. These funds are
awarded in compliance with policies established by the Arkansas State University
Financial Aid Office.
A new account may be established in the Foundation for any purpose consistent with the Foundation’s mandate to support the mission of Arkansas State University. The Foundation cannot establish funds for programs or purposes that:
Contact the Arkansas State
University Grants and Contract Accounting Office for further information on
these types of transactions.
A minimum of $10,000 is
required to establish an endowed fund. A new non-endowed fund should be
established for a unique purpose and should be expected to be used for a period
of not less than two years. To reduce the number of Foundation funds to be
administered, new gifts can often be placed in existing funds and still fulfill
the intent of the donor or a specific need. It is recommended that a non-endowed
account be established only if there is reasonable belief that the account will
receive at least $2,000 in gifts and the fund’s use is not limited to a single
event.
Requests to create new
Foundation accounts must be submitted in writing using the REQUEST FOR NEW ACCOUNT NUMBER FORM
(ASUF01). Accounts are established and categorized based on information
provided on the form along with any related donor correspondence and/or
memorandums of agreements. Definitions related to new account number request are
as follows:
Account
Controller – The account
controller is the individual who is responsible for expenditures from the
fund. This person must be an employee of Arkansas State University.
Approval
- Deans, directors or vice-presidents of a college or unit must approve the
appointment of new account controllers. If the new account controller will be
the dean/director, or the dean/director is not available to appoint a new
account controller, the request will require the signature of the vice
president. Associate or assistant
deans may not appoint fund administrators.
All requests to modify an
existing Foundation account name or account controller should be made in writing
using the applicable forms described below. Requested modifications should be
addressed in the following manner:
Account
Name – Requests to change the fund name
should be made using the REQUEST TO
CHANGE ACCOUNT INFORMATION (Form ASUF02). Changes in the fund name should be
made only to clarify the identification of the fund.
Account names should reflect the intended purpose of the account and/or
any donor restrictions. Changes must not violate any specific requests or
restrictions.
Account
Controller/Signer – Changes in account
controllers and authorized signers must be submitted in writing using the REQUEST
TO CHANGE AUTHORIZED ACCOUNT SIGNER (Form ASUF03).
Requested changes must be approved
by the appropriate dean, director or vice president. If an account controller is
being changed on multiple funds, a single written request that includes the
requested change, a list of the affected accounts and names, and all required
signatures may be submitted in lieu of separate forms.
A request to close an idle or
redundant fund should be submitted in writing by the dean, director or vice
president to the Foundation’s controller. Any remaining assets in the account
should be transferred to another Foundation account with a similar purpose.
The dean, director or vice
president must state that the transfer of monies are not in contradiction with
the terms of the gift(s) to the original fund. If the account to be closed has a
negative asset balance, funds must be transferred into the closed fund to bring
the balance to zero.
Section
3.
Processing, Depositing and Receipting Assets
All gifts for the benefit of
the university must be sent immediately to the office of University Development
located in the Administration Building. An
ASSET TRANSMITTAL FORM ( Form ASUF06)
should accompany all assets sent to University Development. All checks, cash and
negotiable securities should be hand delivered to the office of University Development in order to expedite processing and to ensure receipt by the Foundation.
Outright
Gifts include current assets irrevocably
transferred to the Foundation (or the university) for less than adequate
consideration. Almost any type of property owned by the donor may be donated,
either through transfer of 100 percent interest, or in some cases
a partial interest, in the property including:
The Foundation cannot accept
gifts if they:
IRS rules require that a donor
substantiate any charitable contribution of $250 or more with a receipt (a
canceled check is specifically not sufficient) from the Arkansas State
University Foundation, Inc., indicating the amount of the payment, the value of
any quid pro quo received by the donor
from the university and the resulting amount of the gift.
In addition, the IRS requires the receipt to state affirmatively if the donor has not received any quid pro quo. The Foundation’s receipts reflect those requirements.
(For your information, a
quid
pro quo is a payment made partly as a contribution and partly for goods
and services provided to the donor by a charity. An example of a quid
pro quo contribution is when a donor pays a charity $100 to attend a dinner
event. The market value of the food and entertainment is $40. This
amount is not what the charity
Completing
the Asset Transmittal Form (ASUF06)
Prepared By – The
name and telephone number of the preparer is required, so that we can contact
that person if questions arise. Please print or type this information clearly.
Fund Number and Name – Be
sure to verify this information before submitting assets to the Foundation for
deposit. Errors such as transpositions may result in the asset being deposited
to the wrong fund.
If you are depositing an asset into a new fund that is in the process of being established, enter the fund name and “to be assigned” for the fund number. Submit the Asset Transmittal Form and the asset with a copy of the REQUEST FOR NEW ACCOUNT NUMBER FORM (ASUF01).
Type of Deposit - Check only one type of deposit per transaction. Please do not mix different types of deposits on the same transmittal form. Please refer to the following sections for additional information and descriptions of different types of assets.
Was any quid pro quo provided to the donor? – You
must indicate whether any quid pro quo was received for all gifts deposited. If yes, please
attach supporting documentation that verifies the current market value of any quid
pro quo provided to the donor.
Type of Asset
– Cash should be hand-delivered
to Advancement Services or the office of University Development. A cash receipt will be
issued to the courier to confirm delivery. Checks
should be made payable to the Arkansas State University Foundation, Inc.
Checks made payable to Arkansas State University or any university entity, such
as a college, unit, or program, may also be deposited into the appropriate
Foundation fund.
Name and Address of Donor – List
each donor separately. Attach a list
of donors if necessary. Be sure to provide an address for the donor if one is
not shown on the asset. Names and addresses are required to send gift receipts
and acknowledgements to donors and to identify the correct donor record in our
files. In the case of corporate checks, it is especially important to specify
the company representative’s name and the correct mailing address provided on
the check.
Non-Cash
or In-Kind Gifts
The Foundation must approve in
advance the acceptance of all non-cash gifts, except publicly traded securities.
If such gifts are accepted, the needs of the university will determine whether
the gift is held, sold or ownership is transferred to the university.
When property is transferred
from the Foundation to the university, it is subject to all normal restrictions
on university property.
A
GIFT-IN-KIND INFORMATION FORM (Form ASUF07) must
be completed for all gifts-in-kind. This form must be accompanied by an Asset
Transmittal Form (Form ASUF06).
The receipt for a non-cash gift
will describe the gift (e.g. 2 IBM personal computers, 25 shares of ABC common
stock), but will not assign a value to the non-cash gift.
For non-cash gifts with a value
in excess of $500, it is necessary for the donor to complete and file an IRS
Form 8283 in order to obtain a charitable contribution income tax deduction. As
a courtesy, donors of non-cash gifts are sent a copy of IRS Form 8283 and an
explanatory letter detailing how to report the gift for income tax purposes. The
donor must submit the completed IRS form 8283 to the Foundation for
acknowledgment signature by the appropriate Foundation officer.
IRS regulations state that
the individuals authorized to sign the Foundation’s tax returns are the only
authorized signatories for Form 8283. Any such forms sent to constituent offices
should be forwarded to the Foundation Controller.
Publicly
Traded Securities – If
a donor desires to make a gift of publicly traded securities, please contact the
Foundation’s Controller for specific instructions and assistance.
Real
Property - Gifts of real property must be coordinated in advance with the
Foundation’s Gift Acceptance Committee.
The committee will consider the appropriateness of the gift, the liability
associated with the asset, disposition of the asset and any other relevant
information concerning prospective gifts of real property in order to make a
determination to accept or reject the proposed gift. Gift acceptance
considerations will include the following:
General Warranty Deed
- Transfer should be made by general warranty deed. Each transaction requires
documents tailored to that particular property and owner. The donor’s legal
counsel should prepare the deed, bearing in mind that a general warranty deed is
preferred. University personnel cannot prepare legal documents or provide legal
counsel in connection with a gift.
Inspection
- Personal inspection by the Foundation Gift Acceptance Committee before
transfer of the property to the Foundation.
Environmental Survey
– An environmental title search and assessment (phase I environmental survey)
may be required before transfer of the property to the Foundation.
Qualified Appraisal
– For non cash gifts in excess of $5,000, the donor is responsible for
obtaining a “qualified appraisal” as defined by the Internal Revenue Code,
which is required to support the charitable deduction on the donor’s tax
return.
Responsibility – For
property valued at less than $10,000, the donor may be required to pay all costs of transfer to
the Foundation, including environmental assessments, title searches and current
taxes.
Payroll
Deductions
ASU faculty and staff members
may make charitable contributions to any active fund at the Foundation through
payroll deduction. To initiate a payroll deduction, a completed
The donor should indicate the
total amount to be deducted biweekly and the fund number or name of the program
being supported. Payroll deductions are made from 24 pay periods annually, or
until a total giving goal is met by the donor.
Payroll deductions will
continue until employment terminates or until the office of University
Development is
notified, in writing, of the donor’s desire to cease deduction. Please include
the donor’s Social Security Number (SSN) on all correspondence regarding
payroll deductions.
Gifts
in Lieu of Honoraria
Payments to the Foundation that are
given in lieu of honoraria will be credited as a gift from the payer, provided
they are accompanied by a letter from the payer identifying the asset as a
charitable contribution.
If an honoraria check naming a
faculty member as a payee is endorsed to the Foundation, it will be receipted as
a gift from the payee. The payee is responsible for reporting the honoraria as
income.
Memorial
and Tribute Contributions
Notify the office of University
Development as soon as possible of expected memorial contributions, so that these
gifts will receive special treatment. Formal acknowledgements will be sent to
the donors and to the decedent’s family by the Foundation. Please provide the
following information:
Please include a copy of the
obituary notice if one is available.
University Development may also
send out special acknowledgements for tribute gifts made to commemorate special
occasions. Please provide the following information:
Scholarship
Contributions
Matching
Gifts
Many employers will match gifts
made by their employees for the benefit of Arkansas State University. Employees
of participating companies should obtain matching gift application forms from
the personnel offices and submit the forms with the gifts. Forms may also be
submitted within a short period after a gift has been made.
If you receive a matching gift
form, please forward it to the office of University Development.
We will process the form and
send it back to the company. When the matching gift is received, it is deposited
into the same funds as the original gift.
Fund-Raising
Events
IRS regulations require that
Arkansas State University and the Foundation provide written disclosures to
donors stating what portion of a payment to the Foundation is deductible if a quid
pro quo is provided. Brochures, tickets and other materials should disclose
any quid pro quo elements of payments received as a result of
fundraising
Please check with Advancement
Services to ensure statements on promotional literature, tickets, etc. comply
with IRS rules. Any faculty or staff members involved in the planning and
execution of fundraising events on behalf of Arkansas State University should
consult with Advancement Services personnel prior to distribution of any
materials regarding the event.
All deposits of funds collected
from fundraising events should be submitted to the office of University
Development,
accompanied by an ASSET TRANSMITTAL FORM
(Form ASUF06).
Deferred
and Planned Gifts
Deferred and planned gifts are
those gifts put into place during the donor’s life that become effective at
death or by which partial ownership or use of an asset is retained by the donor.
Types of deferred and planned gifts include:
Bequest through wills (most property interests can be transferred by
bequest)
Charitable remainder arrangements, including Charitable Remainder Unitrust, Charitable Remainder Annuity Trust, Charitable Lead Trust, and Remainder Interest in Personal Residence or Farm
Remainder Annuity Trust, Charitable Lead Trust, and Remainder Interest in Personal Residence or Farm
Retirement plan beneficiary designations
Gift
methods not available through the
Foundation include the charitable gift annuity, pooled income trust and donor
advised funds.
Neither Foundation employees
nor university employees offer tax or legal advice to donors, nor do they
prepare legal documents such as wills or real property deeds. However,
Foundation employees will work with donor’s legal and tax counsel to arrange
for gift transfers that offer the greatest advantage to the donor.
Section
4. Asset
Management
Investment
Policy
The Foundation invests funds in accordance with the policies developed by the Joint Committee on University Investments. Members of this committee represent ASU and its related entities and serve at the approval of the university president. Foundation policies regarding investments are documented in the Foundation’s Statement of Investment Policy.
Banking
Services
No less than every two fiscal
years, the Foundation will issue Requests
for Proposals
As part of its fiduciary
responsibility, the Foundation will objectively review all proposals submitted
by the stated due date. The contract will be awarded to the applicant that
offers the highest level of customer service coupled with the greatest potential
to maximize net earnings on operating and surplus funds.
Income
Allocations
Investment revenue and losses
fall under the following categories:
Only
accounts invested in the endowment pool qualify to receive allocations of income
from the sources identified above.
Non-endowed accounts can
qualify to receive interest income allocations. However, the distribution of
interest income to non-endowed accounts must be requested in writing by the
account controller and can only be distributed to accounts in excess of $5,000.
The interest allocation will be based on the average money market rate offered
by the Foundation’s bank.
Section
5. Spending
Available Funds
Disbursement
Policies
The following sets forth the
responsibility and authority of the president, vice presidents, deans, directors
and account controllers to administer funds of the Arkansas State University
Foundation, Inc., and the guidelines for making disbursements
Authority
and Responsibilities
The president, vice presidents,
deans and directors are solely responsible for disbursements from funds that
they control. Upon approval of the appropriate dean or director of a unit, the
account controller is responsible for approval of all Foundation disbursements
from unit funds.
The dean, director or vice
president may be, or shall appoint, the account controller for each unit’s
funds. In the absence of an account controller, the appropriate dean, director
or vice president may sign for the account controller.
Within each unit, the account
controller, dean, director or vice president may designate no more than two
persons to sign requisitions on their behalf. An ALTERNATE SIGNATURE AUTHORITY DESIGNATION FORM (ASUF09) must be
submitted to record these alternates with the Foundation. Any change to form
ASUF09 requires a new form, with all pertinent signatures as of the date of
change. All previous ASUF09 forms will be invalid.
Payments to account
controllers, deans, directors or vice presidents, or payments that benefit
them, must be approved by a higher authority.
General
Disbursement Policies – Applicable to All Funds
All funds
shall be administered with due regard to conditions attached to the gifts and
governing statutes and rules, in accordance with what is reasonable, equitable
and in the manner in which persons of ordinary prudence would act in the
management of the property of another. Please be advised that, in accordance
with Foundation policy, all disbursements are subject to public disclosure upon
receipt by the Foundation of an appropriate written request.
There
are four basic criteria that determine the legitimate use of Foundation funds:
The use must be reasonable
and benefit Arkansas State University.
The use must comply with
the donor’s intent for the gift.
The use must not jeopardize
the Foundation’s tax-exempt status.
The use must comply with
all applicable statutes and regulations.
All
disbursements must have written justification suitable for auditing purposes.
The
following guidelines govern disbursements:
The
account controller and the dean, director or vice president
Contracts in the name of the Foundation can be entered into only after review and acceptance by the Foundation’s counsel and must be signed by an officer of the Foundation.
No expenditure, direct or indirect, may be made for political contributions.
Expenditures
that result in personal benefit to the payee are inappropriate.
The
account controller is responsible for ensuring that there are sufficient funds
to cover disbursement. Requests from funds with insufficient balances are
subject to being returned without processing.
Disbursement Policies - Restricted and
Endowment Funds
Purpose –
To strengthen internal control, improve operating efficiency and avoid
duplication of effort, the Arkansas State University Foundation, Inc., (the
Foundation) has revised its policies and procedures regarding the disbursement
of funds from restricted and endowment accounts. The following revisions are
part of a proactive response by the Foundation to legislation effecting Board
Governance as identified in the Sarbanes-Oxley Act of 2002, otherwise known as
the Public Company Accounting Reform and Investor Protection Act.
Supplies
and Services – All expenditures for
supplies and services, including
Travel – Travel expenses incurred while conducting academic and administrative business on behalf of the university shall be processed by the Office of Finance and Administration through established university accounts. The Foundation will fund travel expenses in the form of periodic budget supplements to university accounts. All requests to pay "uncovered" travel expenses should be accompanied by a copy of the related TR-1 form submitted to the university and appropriate supporting documentation (receipts, invoices, etc.).
Computer
Hardware/Software – The purchase of all
computer hardware and software should be approved by
IT Services and processed
through Procurement Services in compliance with all university rules and
regulations.
Equipment/Fixed
Assets – All equipment and fixed assets
shall be purchased through Procurement Services in compliance with all
university rules and regulations. Funding for these items will occur through the
periodic budget supplements.
Employee
Compensation - Requests to pay
university employees additional compensation above and beyond their current
salary must be processed through the Payroll Office in compliance with
appropriate rules and regulations as determined by
Human Resources. Funding of
such requests can be accomplished through budget supplements to university
accounts incurring the direct expense.
Scholarships
– Scholarship payments shall not be
made directly to students. All scholarship payments must be processed in
compliance with all applicable rules and regulations through the university’s
Financial Aid Office. The Foundation will fund scholarships through the use of
budget supplements upon notification from the Office of Finance in the form of
an invoice with all appropriate supporting documentation.
Individual
Reimbursements – Whenever possible,
reimbursements to individuals for out-of-pocket expenses should be made through
the university. If payment by the university is not possible, then reimbursement
can be made by the Foundation. Keep in mind that all entertainment and meal
expenses must comply with IRS regulations and state the business purpose
for reimbursement.
Completing the Foundation Requisition
All
Foundation requisitions must be typed or plainly printed. Requisitions must also
be accompanied by original receipts, invoices and any other relevant documentation.
Payee
Information – The requisition must
provide the payee’s complete name, Social Security Number (SSN) or Employer
Identification Number (EIN), and complete permanent mailing address (not a
campus address).
Description
– This section is vital for auditing purposes and must be detailed enough to
explain the expenses, its business purpose and the benefit to the university.
Approval
– All Foundation requisitions must be
signed by the authorized account controller and the appropriate vice president, dean
or director.
Section 6. Reporting
and Disclosure
Because
Foundation records are maintained on an accounting software package separate and
independent from the university mainframe IBM system, Foundation accounts cannot
be accessed online by campus users. The following reports are issued by the
Foundation throughout the fiscal year.
Monthly Reports -
Hard copy reports are submitted monthly to all restricted discretionary Account
Controllers. These reports consist of
(a) a current balance sheet that
identifies total assets, liabilities and fund balances (net assets) and
(b) an
account detail that lists all transactions in the account for the period in
question.
Quarterly Consolidated Reports
- Consolidated reports are distributed electronically to all deans on a
quarterly basis. These reports summarize activity for all restricted
discretionary, restricted scholarship, endowment scholarship and endowment
program accounts for each college.
Interim Financial Statements – Unaudited
financial statements are issued to the Foundation Board of Directors on a
quarterly basis. These statements include a Statement of Financial Position and
Statement of Activities for the most recent quarter.
Audited Financial Statements
– The Foundation’s independent audit firm issues annual financial statements
comprised of the following:
Independent Auditor's Report
Statement of Position
Statement of Activities
Statement of Cash Flow
Notes to the Financial Statements
IRS Form 990 - This
form is submitted annually as required by the Internal Revenue Service. Copies
of this form are available for public inspection upon receipt of written
requests.
Endowment Reports – These
reports are issued annually to donors who have established
Annual Foundation Report
– This report, which is prepared by the office of University Development, is
issued to the community each fall. The report relays the findings of the
Foundation’s audited financial statements and highlights the activities and
achievements of the Foundation, as well as the university’s faculty, staff and
students.
Section 7.
Forms
Please
use the forms from the Forms Page as originals
and make copies for your use. This section will provide all forms you will need
to transact business with the Foundation. To ensure compliance with all matters contained in
these forms, only photocopies of these original forms will be accepted by the
Foundation. Alteration
or customization of these forms is prohibited.
The
Arkansas State University Foundation, Inc.
P.O. Box 1990, State University AR 72467-1990
(870) 972-2972 fax (870) 972-3069