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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, purpose, and any conditions or restrictions on the use of the funds, with a clause for acknowledgment of the donation in the organization's annual report.
What is a Donation Agreement?
A Donation Agreement puts charitable giving into legally binding terms, spelling out exactly how someone plans to give money, property, or other assets to a recipient organization. Under Singapore's Charities Act, these agreements help both donors and charities document their intentions, tax implications, and any specific conditions attached to the gift.
Beyond basic transfer details, these agreements typically cover key elements like payment schedules, donor recognition preferences, and how the funds should be used. For registered charities in Singapore, having proper donation documentation helps maintain their tax-exempt status and ensures compliance with local giving regulations, especially for large or conditional gifts.
When should you use a Donation Agreement?
Use a Donation Agreement when making or receiving significant charitable contributions in Singapore, especially for gifts above S$10,000 or those with specific conditions attached. This becomes crucial when donors want to restrict how their gifts are used, set milestones for multi-year pledges, or require particular recognition arrangements.
The agreement proves particularly valuable for corporate giving programs, foundation grants, and major individual donations to registered charities. It helps satisfy IRAS documentation requirements for tax deductions, protects both parties if disputes arise, and ensures everyone understands key details like payment schedules, fund usage, and reporting requirements.
What are the different types of Donation Agreement?
- Donor Agreement: Basic template for monetary gifts, covering essential terms and payment schedules
- Land Donation Agreement: Specialized format for real estate transfers, including property details and development restrictions
- Property Donation Agreement: Used for tangible assets like equipment or artwork, with valuation and maintenance terms
- Charitable Gift Agreement: Focuses on tax-deductible donations to registered charities, including recognition terms
- Conditional Donation Agreement: For gifts with specific usage requirements, milestones, or reporting obligations
Who should typically use a Donation Agreement?
- Individual Donors: Private citizens making substantial gifts, often seeking tax benefits under IRAS guidelines
- Corporate Donors: Companies running CSR programs or making charitable contributions as part of their community engagement
- Registered Charities: Organizations receiving donations, responsible for compliance with Commissioner of Charities regulations
- Legal Advisors: Lawyers who draft and review Donation Agreements to ensure enforceability and tax compliance
- Foundation Boards: Trustees overseeing large-scale giving programs and ensuring proper fund allocation
- Finance Officers: Staff managing donation records, tax documentation, and financial reporting requirements
How do you write a Donation Agreement?
- Donor Details: Gather full legal names, addresses, and tax registration numbers of all contributing parties
- Gift Specifics: Document exact value, type of donation, and any conditions or restrictions on its use
- Payment Terms: Outline transfer method, timeline, and installment schedule if applicable
- Recognition Plans: Detail any naming rights, public acknowledgment, or donor recognition requirements
- Reporting Requirements: Specify what updates or progress reports the recipient must provide
- Tax Documentation: Prepare necessary IRAS forms and charitable status verification
- Review Process: Our platform generates custom agreements that include all these elements automatically
What should be included in a Donation Agreement?
- Party Information: Complete legal names, addresses, and registration details of donor and recipient
- Gift Description: Clear identification of donated assets, including valuation and transfer timing
- Usage Terms: Specific purposes, restrictions, and conditions for the donated assets
- Due Diligence: Statements confirming donor's ownership and right to transfer
- Tax Provisions: References to relevant IRAS regulations and deduction eligibility
- Reporting Requirements: Recipient's obligations for progress updates and fund usage reports
- Governing Law: Explicit statement that Singapore law applies
- Termination Rights: Conditions for ending or modifying the agreement
What's the difference between a Donation Agreement and an Asset Purchase Agreement?
People often confuse a Donation Agreement with an Asset Purchase Agreement, but they serve distinct purposes in Singapore's legal framework. While both involve transferring assets, their core intentions and legal implications differ significantly.
- Primary Purpose: Donation Agreements facilitate charitable giving without expectation of return, while Asset Purchase Agreements document commercial transactions with monetary compensation
- Tax Treatment: Donations may qualify for tax deductions under IRAS guidelines; purchases are treated as business transactions with GST implications
- Legal Requirements: Donation Agreements focus on charitable intent and usage restrictions; Asset Purchase Agreements emphasize warranties, representations, and payment terms
- Documentation: Donation Agreements require charity registration proof and tax-deduction eligibility; Asset Purchase Agreements need detailed asset valuations and transfer conditions
- Risk Management: Donation Agreements protect donor intentions and charitable purposes; Asset Purchase Agreements safeguard both parties' commercial interests
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