Legal Templates
Donation Release Form

Donation Release Form for Australia

Donation Release Form Template for Australia

A legally binding document used in Australia that formalizes the transfer of property, assets, or monetary donations from a donor to a recipient organization. The document provides clear documentation of the donor's intention to make an irrevocable gift, transfers ownership rights, and includes relevant details such as the donation's description, value, and any specific conditions. It complies with Australian charity law requirements, tax regulations, and state-specific fundraising legislation, while protecting both the donor's and recipient's interests through clear terms and conditions.

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What is a Donation Release Form?

The Donation Release Form is a crucial legal document used in Australian jurisdictions to formalize and document charitable giving arrangements. This document becomes necessary whenever an individual or organization wishes to make a significant donation to a charitable organization, educational institution, or other eligible recipient. It serves multiple purposes: documenting the transfer of ownership, confirming the irrevocable nature of the gift, establishing any conditions attached to the donation, and providing necessary information for tax purposes. The form is particularly important for ensuring compliance with the Australian Charities and Not-for-profits Commission (ACNC) requirements, state-specific fundraising regulations, and Australian Tax Office guidelines. It provides protection for both donors and recipients by clearly documenting the terms of the donation and helps organizations maintain proper records for audit and compliance purposes.

What sections should be included in a Donation Release Form?

1. Parties: Identifies the donor and the recipient organization, including their full legal names and addresses

2. Background: Brief context explaining the purpose of the donation and the recipient organization's status

3. Definitions: Defines key terms used throughout the document, including 'Donation', 'Property', and 'Effective Date'

4. Donation Details: Specific description of the donated items/money, including quantity, value, and any relevant identifying information

5. Transfer of Ownership: Clear statement transferring all rights, title, and interest in the donated property from donor to recipient

6. Representations and Warranties: Donor's confirmation of ownership and right to donate the property, and that items are free from encumbrances

7. Tax Implications: Statement regarding tax deductibility status and responsibility for determining tax consequences

8. Release: Donor's release of all future claims to the donated property

9. Governing Law: Specifies that the agreement is governed by Australian law

What sections are optional to include in a Donation Release Form?

1. Intended Use: Optional section specifying how the donation should be used, included when donor wishes to specify particular purposes

2. Donor Recognition: Details of how the donor will be acknowledged, included when donor requests specific recognition

3. Confidentiality: Terms regarding privacy and confidentiality of the donation, included for donors requesting anonymity

4. Return of Property: Conditions under which property might be returned, included for conditional donations

5. Valuation: Details of professional valuation of donated items, included for high-value non-cash donations

What schedules should be included in a Donation Release Form?

1. Schedule A - Property Description: Detailed inventory and description of donated items (for non-cash donations)

2. Schedule B - Valuation Certificate: Professional valuation documentation for significant non-cash donations

3. Schedule C - Deed of Gift: Additional documentation for special items like artwork or historical artifacts

4. Appendix 1 - Tax Receipt Template: Template for tax receipt to be issued by the recipient organization

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Release of Information Form

Sector

Cost

Free to use
Relevant Industries

Charitable & Non-Profit

Education

Healthcare

Arts & Culture

Religious Organizations

Social Services

Environmental Conservation

Community Development

Humanitarian Aid

Research & Development

Relevant Teams

Legal

Finance

Compliance

Fundraising

Donor Relations

Operations

Administration

Tax

Asset Management

Gift Processing

Relevant Roles

Charity Director

Development Manager

Fundraising Coordinator

Legal Counsel

Compliance Officer

Finance Manager

Donor Relations Manager

Gift Administration Officer

Non-Profit Executive Director

Philanthropic Services Manager

Corporate Secretary

Tax Accountant

Property Manager

Asset Manager

Industries
Charities Act 2013: Federal legislation that defines charitable purposes and sets out the framework for charitable organizations in Australia
Australian Consumer Law (ACL): Part of the Competition and Consumer Act 2010 that may apply to representations made about donations and their intended use
Privacy Act 1988: Federal legislation governing how personal information of donors must be collected, used, and protected
Income Tax Assessment Act 1997: Federal legislation relevant for tax deductibility of donations and requirements for tax-deductible gift recipients
State-specific Fundraising Acts: Various state legislation governing charitable fundraising activities and requirements for organizations collecting donations
Australian Taxation Office Guidelines: Guidelines for charitable giving, gift deductibility, and reporting requirements for both donors and recipients
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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