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Donation Agreement
I need a donation agreement for a charitable contribution to a local non-profit organization, specifying the donation amount, intended use of funds for educational programs, and a clause for acknowledgment in the organization's annual report.
What is a Donation Agreement?
A Donation Agreement creates a legally binding record when someone gives property, money, or assets to another person or organization in Pakistan. It spells out what's being donated, any conditions attached, and protects both the donor and recipient from future disputes. This document is especially important for charitable organizations, educational institutions, and religious endowments operating under Pakistani trust laws.
Under Pakistani tax regulations, properly documented donations can qualify for tax benefits, making these agreements valuable for both individuals and organizations. The agreement typically includes details about the donated item's value, delivery terms, and any specific purposes the donation must serve. Many Islamic charitable organizations use these agreements to ensure their donations comply with both civil law and Shariah principles.
When should you use a Donation Agreement?
Use a Donation Agreement anytime you plan to give or receive significant property, assets, or funds in Pakistan. This becomes crucial when making donations to mosques, madrassas, hospitals, or educational institutions - especially for amounts exceeding PKR 100,000. The agreement helps secure tax benefits under the Income Tax Ordinance and provides clear documentation for zakat or charitable giving.
The agreement proves particularly valuable during property transfers to charitable trusts, large corporate donations, or when specific conditions apply to the gift. For international donations, it helps meet compliance requirements and creates a clear audit trail. Many organizations require these agreements to satisfy their board governance rules and maintain transparency with stakeholders.
What are the different types of Donation Agreement?
- Basic Property Donation: Used for straightforward transfers of land, buildings, or physical assets to charitable organizations or religious institutions
- Conditional Donation: Includes specific terms about how the donated assets must be used, often seen in educational endowments or hospital funding
- Corporate Social Responsibility (CSR) Agreement: Structured for business donations with tax implications and corporate governance requirements
- Religious Endowment Agreement: Tailored for Islamic charitable giving, incorporating Shariah compliance and waqf principles
- International Aid Agreement: Designed for cross-border donations with additional compliance requirements and foreign exchange considerations
Who should typically use a Donation Agreement?
- Donors: Individuals, corporations, or organizations giving assets or funds - they initiate the agreement and may specify conditions for their donation
- Charitable Organizations: Religious institutions, NGOs, and educational foundations that receive donations and must ensure compliance with both civil and Islamic law
- Legal Advisors: Lawyers who draft and review Donation Agreements to protect both parties' interests and ensure tax compliance
- Tax Consultants: Professionals who structure donations to maximize tax benefits under Pakistani law
- Board Members: Trustees or directors who approve and oversee major donations for their organizations
How do you write a Donation Agreement?
- Donor Details: Gather complete identification and contact information, including NTN number for tax purposes
- Asset Description: Document precise details of what's being donated, including valuations or property documents
- Terms and Conditions: List any specific requirements for how the donation must be used or maintained
- Tax Implications: Review relevant sections of Income Tax Ordinance for deduction eligibility
- Compliance Check: Verify recipient organization's registration status and legal authority to accept donations
- Documentation: Collect supporting evidence like property titles or bank statements
- Signatures: Identify authorized signatories from both parties and arrange witnessing
What should be included in a Donation Agreement?
- Identification: Full legal names, addresses, and contact details of donor and recipient
- Property Description: Clear details of donated assets, including value and any existing encumbrances
- Transfer Terms: Specific conditions, timing, and method of transferring the donation
- Purpose Clause: Intended use of donation and any restrictions on its application
- Tax Declarations: Statements confirming tax compliance and claiming available deductions
- Islamic Law Compliance: References to Shariah principles if applicable
- Governing Law: Confirmation that Pakistani law governs the agreement
- Signature Block: Space for signatures, witnesses, and date of execution
What's the difference between a Donation Agreement and an Access Agreement?
A Donation Agreement differs significantly from an Asset Purchase Agreement, though both involve transferring property. Let's explore the key distinctions that matter in Pakistan's legal framework:
- Financial Consideration: Donation Agreements involve voluntary transfers without payment, while Asset Purchase Agreements require monetary compensation
- Tax Treatment: Donations often qualify for tax benefits under Pakistani tax laws, whereas asset purchases incur transfer taxes and capital gains implications
- Legal Requirements: Donation Agreements need proof of charitable intent and may require religious compliance, while Asset Purchase Agreements focus on commercial terms and warranties
- Risk Allocation: Asset Purchase Agreements include extensive warranties and indemnities, whereas Donation Agreements typically have minimal donor obligations after transfer
- Documentation: Asset Purchase Agreements require more extensive due diligence and financial records, while Donation Agreements focus on establishing clear charitable intent and purpose
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