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General Administration

BPM-112 Affiliated 501(c)(3) Organizations and the Office of Advancement

POLICIES AND PROCEDURES

Constituent organizations using the name of the University of Missouri or any college, school or division , or implying they are associated with the University will be approved and recognized by the University and, through the advancement office, will submit annually, for approval, copies of currently effective articles of incorporation, charter, or constitution and an audited annual financial statement.  Such documents will specify the objectives of the organization, its structure, and its financial arrangements.  Such documents will also include: the name of the organization, the objectives of the association, requirements for membership, dues structure, organizational structure, definition of officers, terms of office and basic responsibilities, financial arrangements, method of amendment and other pertinent information detailing the not-for-profit status of the organization.

University of Missouri System
Constituent Group Annual Registration Form - 2012

Constituent organizations using the name of the University of Missouri or any college, school or division , or implying they are associated with the University will be approved and recognized by the University and, through the advancement office, will submit annually, for approval, copies of currently effective articles of incorporation, charter, or constitution and an audited annual financial statement.  Such documents will specify the objectives of the organization, its structure, and its financial arrangements.  Such documents will also include: the name of the organization, the objectives of the association, requirements for membership, dues structure, organizational structure, definition of officers, terms of office and basic responsibilities, financial arrangements, method of amendment and other pertinent information detailing the not-for-profit status of the organization.

Organization Name:

 

Campus:

 

President/Chairperson:

 

Dean/Director:

 

Staff Liaison:

 

Mailing Address:

 

Phone:

 

Email:

 

 

Brief description of purpose or mission statement:

 

Current number of board members:

 

 

Current number of members (if a membership organization):

 

 

Names of university employees doing direct administrative work for the organization

 

 

Payments, other than reimbursements, made to any university  employee

 

Required information for All Constituent Groups

(Please answer all questions and complete and attach all of the following materials)

Is the organization’s original charter and/or Articles of Incorporation documentation on file with the respective campus?

o Yes              o No

Does the organization have an articulation agreement or MOU on file with the respective campus?           

o Yes              o No

Does the organization have annual board training including education on fiduciary responsibility?

o Yes              o No

Does the organization keep minutes?                             o Yes              o No

Does the organization approve an annual budget?          o Yes              o No

o   Current dated copy of Bylaws

o   Current dated copy of Board Roster with contact information and please use 8.5 x 11 paper size

o   Current dated list of Past Presidents 

For 501(c)3 Organizations: Investment policies and assets

(Please answer completely the questions below, and check off and attach all of the following materials)

Is there a fee?  $   

Names of those who have signature authority for your organization’s funds:

__________________________________                __________________________________

__________________________________                __________________________________

__________________________________                __________________________________

Are any of the above persons who hold signature authority employees of the University?

o Yes              o No

Do you have requirements for signatures on checks or transactions above a certain dollar amount?  If so, please detail your policies below (use separate sheet or attach as needed.

Additional information required of 501(c)3 organizations

Does your organization hold directors & officers insurance?                    o Yes              o No

Do your organization’s bylaws include a conflict of interest policy?         o Yes              o No

Do your board members sign a conflict of interest disclosure?                o Yes              o No

Does your organization have a whistleblower policy?                              o Yes              o No

If yes to the above, please attach the forms/policies as appropriate.

Annual registration form completed by:______________________________________________

Title and phone :_______________________________________________________________

Date:______________________________

Approved by board president (or other elected officer designated):

_____________________________________________________  Date ___________________

University of Missouri System
Constituent 501(c)(3) Organizations
Annual Affiliation Agreement

THIS AGREEMENT, entered into as of this ______ day of _____________, 20___, by and between the University of Missouri System, the ________________________ [name of campus and college, school, department when applicable], and the _________________________ [name of the organization].

The University of Missouri system is fortunate to have the support of several external partners and organizations that support its four campuses.  Given the University’s mission to serve the people of Missouri and support the state’s economic growth and well-being, constituent involvement and engagement is vital.  The constituent and volunteer organizations that advocate for the University provide invaluable insight, support, and community outreach. 

In order to fully outline the relationship between both parties, all affiliated organizations need to complete the UM System chartering process annually as outlined in the University’s Collected Rules and Regulations (Section 30.030, subsection C).  Through the chartering process and signing of this Annual Affiliation Agreement, the expectations and obligations between constituent organizations and the University are outlined.  In consideration of the mutual commitments herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

UNIVERSITY NAME, SEAL, LOGOTYPE

UNIVERSITY OBLIGATIONS

ORGANIZATION OBLIGATIONS

IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their duly authorized officers as of the day and date first above written.

 

__________________________________        ______________________________________

Organization Chair                                              Dean/Department Head

 

__________________________________       __________________________________    

Vice Chancellor for University Advancement        Chancellor

 

__________________________________       __________________________________    

UM Board of Curators                                                  Date

 

APPENDICES:

Constituent Chartering Process

Relevant Collected Rules and Regulation

GASB 39

  1. Purpose
    The primary purpose of the Organization shall be to assist the University of Missouri-(insert campus) (referenced below as the University), and the school or college or program named in the Organization’s Charter or by-laws (referenced below as the Unit), by promoting the interest and welfare of the University and the Unit, particularly as their activities relate to the soliciting, receipting, managing, investing, stewarding, and distributing donations from alumni, friends, and other private sources.
  2. Naming of Foundations
    Effective as of March 13, 2012, if the name of the Organization is other than that of the Unit’s name, approval from the UM President must be obtained.
  3. Fundraising
    Any fundraising undertaken by the Organization will be for purposes consistent with the campus missions and priorities, as set by the Board of Curators, the President of the University, the campus Chancellor and the Unit’s dean or director, as appropriate.

    The Organization agrees not to accept gifts or grants that are inconsistent with the identified priorities of the University, and the University retains the discretion to decline any gift or grant offered to the Organization.
  4. Investment of Funds
    For Organizations formed after (date), funds obtained by the Organization from private donations for the Unit should be invested under the prescribed procedures of the Office of the University of Missouri Vice President for Finance and Administration, and the Collected Rules of the University of Missouri. The purpose is to insure that Units have the best possible investment rates, to promote donor credibility with overall endowment growth, and to maximize investment rates for the University of Missouri, 
  5. Endowment Spending Limits
    Organizations that hold endowments for the benefit of the University must manage the endowments to provide ongoing support of the endowed programs in perpetuity consistent with the Collected Rules and Regulations.  The investment implication: a prudent approach to spending and reinvestment, using a spending formula, is necessary to provide protection against inflation over time. The spending formula to be used should be consistent with the University formula that distributes annually 4.5% of a trailing 28-quarter average of the endowment's total market value, with the understanding that this spending rate over the long-term will not exceed total real return (return net of inflation) from investments.
  6. Fees to Support Endowment Administration and Development
    In addition to any amounts distributed pursuant to the organizations endowment spending formula, organizations will assess fees to support internal endowment administration and development functions on both endowments and non-endowed gifts consistent with university policy.
  7. Termination of Affiliation or Dissolution
    Effective (date), donor agreements for endowments and gifts held by the Organization shall include language that provides instruction as to whether (1) in the event of the termination of affiliation , funds provided by the donor are to be retained by the Organization or transferred to the University, in either case to be used exclusively for the benefit of the campus; and (2) in the event of the dissolution of the Organization, such funds are to be transferred to another 501(c)(3) determined  by the Board of the Organization  or transferred to the University,  in either case to be used exclusively for the benefit of the campus.

    Upon termination of affiliation with the University, (1) all funds then held by the organization received prior to (date) shall be retained by the Organization to be used exclusively for the benefit of the University; (2) all funds then held received after (date) shall be transferred to the University to be used exclusively for the benefit of the campus as specified by the donor unless the donor agreement stipulates otherwise.

    Upon dissolution of the Organization, (1) all funds then held by the Organization will be transferred to other 501 c. (3) organizations or the University pursuant to instruction provided in the donor agreements, in each case to be used exclusively for the benefit of the campus; (2) all funds then held by the Organization with no instruction in the donor agreements will be transferred to the University to be used exclusively for the benefit of the campus.
  8. Campus Gift Credit (IRS) and Gift Club Credit
    Gifts obtained from the Unit may be eligible for campus gift credit and/or gift club credit, to the extent provided by Internal Revenue Code, the Collected Rules and Regulations, and University Development policies.

    For the individual to receive hard credit (IRS) the check must be payable to the University of Missouri-(name of campus).  At the campuses’ discretion soft credit or donor gift club/recognition credit may be given regardless of who the check is payable to.
  9. Board Membership
    The Unit’s Dean or Director should serve as an ex-officio member of the organization’s Board. For Organizations formed after (date), the President of the University, in consultation with the campus Chancellor, will be entitled to appoint up to but not more than 20% of the voting members of the Board with not more than two such appointed members being University employees. 
  10. Resources and Services
    An Organization must have sufficient financial and personnel resources for hiring and oversight of outside counsel for general legal issues, and particularly for unique planned gifts.

    The campus chancellor must grant prior approval to use University personnel to perform foundation fundraising and administrative functions.
    • An Organization must have sufficient human and financial resources for providing timely and accurate gift processing in accordance with the policies of the University of Missouri, Internal Revenue Codes, and the Collected Rules and Regulations.
    • An Organization must also have sufficient resources to provide appropriate donor acknowledgements, stewardship activities, management reporting, Board reporting, and related communication and marketing vehicles except as the University Chancellor has agreed to provide.
  11. Organization Obligation to Provide Donor Information to the Campus
    To insure that appropriate donor relations objectives are met, each Organization shall provide information on new gifts and pledges to the campus ADVANCE system, the University’s official development and alumni database containing all gift/pledge and biographical records) in a manner consistent with the University of Missouri.

    An Organization is expected to provide biographical, and other important alumni and donor information, in a timely manner to the University of Missouri campus offices of the Vice Chancellor for Development and Alumni Relations.
  12. Use of University of Missouri Staff and Resources
    Only 501 (c) (3) Organizations that have an affiliation agreement with the university and that meet the requirements prescribed in this document may use University of Missouri personnel and resources, such as the ADVANCE database, Printing, and Publications at the discretion of the campus.
  13. Use of Constituent Organization Funds
    Units’ use of Organization funds to employ, or provide supplemental or incremental salaries for University personnel must have prior approval of the Office of the Chancellor.

    To insure compliance with University, State and Federal regulations concerning student financial aid, direct grants to students must be reported in a timely fashion to the campus Office of Financial Aid.
  14. Annual Review
    An Organization should participate in an annual review in accordance with University of Missouri System Constituent 501(c)(3) Organizations Annual Affiliation Agreement and the Collected Rules and Regulation Section 30.030, subsection C. Documents to be annually submitted will include:
    • Current dated copy of bylaws
    • Current dated copy of board roster with contact information
    • Current dated list of past presidents
    • Audited financial statement and/or copy of current bank statement
    • Current copy of form 990
    • Operating Budget Amount $____________________
    • Total Assets $____________________
    • Tax ID #   _______________________________________
    • Total Operating Revenues $    _______________________
    • Audited Financial Statement
    • Form 990
    • Copy of Current Bank Statement
    • Asset Mix (include for example:  cash holdings real estate and market investments)
    • Total amount of financial support to the University this fiscal year $   
    • Does the organization perform an annual audit?              o Yes              o No
    • Consistent with its mission to help to advance the plans and objectives of the University, the organization is granted the use of the name, [name of university and college, school, department when applicable], pursuant to the terms of the attached license agreement.  In doing so, the university and the entire UM System assume certain public perception and legal obligations and risks. 
    • The University will maintain relevant donor records and will provide assistance to the organization including gift acknowledgement and ongoing stewardship of members, donors, and friends.
    • To ensure the accuracy of all donor, alumni and/or member and friend records and information, the university will maintain a primary database for all such relevant information.  This safeguards against multiple repositories with conflicting or outdated information.  The university’s database shall be maintained according to the standards and protocols set forth in the in Curators of the University of Missouri Collected Rules and Regulations (“Collected Rules and Regulations) and the University of Missouri Business Policy Manual (“Business Policy Manual”) for security and record retention.
    • The university will dedicate the necessary time and resources to ensure that records and information are updated and maintained within the standards set by the Collected Rules and Regulations, IRS 501(c)(3) guidelines and CASE (Council for the Advancement and Support of Education) guidelines. 
    • To the extent allowed by the Collected Rules and Regulations and the Business Policy Manual, such records will be available to the organization by request to their university liaison. 
    • The university is responsible for communicating its strategic plan, campus priorities and long-term plans to the organization.
    • To ensure effective achievement of the items of this agreement, the university shall hold periodic meetings to foster and maintain productive relationships and to ensure open and continuing communications and alignment of priorities. 
    • The university will provide necessary and appropriate support and information to the organizations in complying with their obligations under this document, including professional advice on board management, meeting University and Curators’ guidelines, and professional advice and counsel on fundraising.
    • The specific campuses of the University may put into place additional procedures and policies as it relates to their relationships with their organizations at the campus-level. Those campus-level procedures are supplementary to this System affiliation agreement.
    • The organization must comply with the University of Missouri Affiliated 501(c)(3) Organizations and the Office of Development Policies and Procedures attached herewith as Exhibit A and incorporated by reference hereafter.
    • The organization must meet all rules and requirements for achieving and maintaining its 501(c)(3), non-profit status.
    • The mission or purpose statement should clearly state that the organization’s primary purpose is to support the university; a specific school, college or department; or the university’s teaching, research, service or economic development missions.
    • The organization is responsible for the performance and oversight of all aspects of its operations based on a comprehensive set of bylaws that clearly address the organization and its board’s fiduciary responsibilities, including expectations of individual board members based upon ethical guidelines, policies, the Collected Rules and Regulations, and state and federal law.
    • All organization expenditures must comply with the Collected Rules and Regulations and the Business Policy Manual as well as the IRS code and be consistent with the organization’s mission.  Such funds should be audited and/or reviewed as part of the organization’s annual audit or financial review procedures.
    • The organization’s Board is responsible for the control and management of all assets of the organization including the prudent management of all gifts consistent with donor intent.
    • Any fundraising undertaken by the Organization will be for purposes consistent with the campus missions and priorities, as set by the Board of Curators, the President of the University, the campus Chancellor and the Unit’s dean or director, as appropriate.
    • The organization will provide information on all gifts and pledges to the campus and all gifts must be processed in accordance with the Collected Rules and Regulations and Business Policy Manual of the University to ensure consistency and proper stewardship. The organization is responsible for ensuring its gift recording and receipting practices follow Collected Rules and Regulations and the Business Policy Manual and are in tandem with the University’s donor acknowledgement and reporting processes. Further the organization is expected to provide biographical and other important Alumni and donor information in a timely manner to the University.
    • Financial records maintained and/or audited outside the University by independent accountants will be made available in a timely manner to the University upon request.
    • Any personnel expenditures or personnel payments to university staff support outside of the university payroll system must be approved by the Human Resources office of the campus and the Office of the Chancellor. The campus Chancellor must grant prior approval to use University personnel to perform foundation, fundraising and administrative functions.
    • The organization must comply with any gift fee requirements as approved by the Board of Curators and in compliance with state of Missouri laws.
    • The university chartering process is completed annually and submitted to the appropriate campus.  Changes or updates throughout the year will be communicated to the university in a timely manner to ensure complete and accurate records.