How to Write an LOI for a DonationIdentify the PartiesThe letter must include the name, address, and contact information of both the person/entity submitting the donation and the one receiving it.
Specify PurposeA letter of donation should establish that these are the preliminary donation terms and that the parties aim to enter into a legally binding agreement later. Donation TypeThe type of donation, payment instructions (for monetary donations), and an explanation of the donation’s intended purpose should be established. Acceptance DateThe donor should define an acceptance date so the recipient knows how long the offer is on the table, giving them time to decide and make arrangements.
SignatureThe bottom of the form should include the donor’s signature, printed name, and the date.
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Sample
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LETTER OF INTENT TO DONATE
Date: [DATE]
[DONOR NAME]
[DONOR STREET ADDRESS]
[DONOR CITY, STATE, ZIP]
[DONEE NAME]
[DONEE STREET ADDRESS]
[DONEE CITY, STATE, ZIP]
RE: Donation to [ORGANIZATION]
This Letter of Intent (the “Letter”) sets forth the proposed terms and conditions of the Donation described hereunder and shall govern the relationship between the Donor and Donee (the “Parties”) until replaced by a definitive, formal agreement addressing the same transaction and subject matter (the “Definitive Agreement”). The Donation considered in this Letter and in the Definitive Agreement is subject in all respects to the following:
1. DONOR. Donor: [DONOR NAME] (the “Donor”).
2. DONEE. Donee: [DONEE NAME] (the “Donee”).
3. DONATION. The Donor wishes to make the following donation (the “Donation” ): [DESCRIBE DONATION].
4. DONATION DESIGNATION. The Donation should be used for the following purpose(s): [DESCRIBE HOW DONATION SHOULD BE USED].
5. DONATION RECOGNITION. The Donor agrees to [WRITE “be recognized” or “remain anonymous”] for their charitable donation.
6. METHOD OF PAYMENT. If the Donation is monetary, payment shall be provided to the Donee as follows: [DESCRIBE METHOD OF PAYMENT FOR MONETARY DONATION].
7. ORGANIZATION TYPE. The Donee is an organization that is [WRITE “classified” or “not classified”] as a 501(c)(3) non-profit organization by the standards of the Internal Revenue Service (IRS).
8. GOVERNING LAW. This Letter shall be governed under the laws in the State of [STATE NAME].
9. ACCEPTANCE. If you are agreeable to the aforementioned terms, please sign and return a duplicate copy of this Letter by no later than [MM/DD/YYYY].
10. INTENTION OF THE PARTIES. This Letter sets forth the intentions of the Parties to use reasonable efforts to negotiate, in good faith, a Definitive Agreement with respect to all matters herein. Notwithstanding paragraphs 9 through 13, which shall be legally binding, any legal obligations with respect to all other matters shall only arise if and when the Parties execute and deliver a Definitive Agreement.
11. SIGNATURES.
Donor’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [DONOR NAME]
Donee’s Signature: ___________________ Date: [MM/DD/YYYY]
Print Name: [DONEE NAME]
Benefits of an LOI
- Legitimacy – Can help identify the legitimacy of the organization to avoid fraud or theft.
- Commitment – Demonstrates a clear commitment to the charity and could help create a better relationship between the parties.
- Intended Purpose – Helps ensure the cause has a plan for the donation and that they are clear about their goals and objectives.
- Disagreements – Serves as written evidence that may be referenced if any problems or disagreements arise.
- Automatic withdrawal – Can include banking details to authorize the automatic withdrawal of funds from the donor’s account.