Section 513. Administration of assets received for specific purposes  


Latest version.
  • (a)  A corporation which is, or would be if formed under this chapter,
      classified as a Type B corporation shall hold full ownership  rights  in
      any assets consisting of funds or other real or personal property of any
      kind,  that may be given, granted, bequeathed or devised to or otherwise
      vested in such corporation in trust for, or with a  direction  to  apply
      the  same to, any purpose specified in its certificate of incorporation,
      and shall not be deemed a trustee of an express trust  of  such  assets.
      Any  other corporation subject to this chapter may similarly hold assets
      so received, unless otherwise provided by law or in the  certificate  of
      incorporation.
        (b)  Except  as  may be otherwise permitted under article eight of the
      estates, powers and trusts law or section 522 (Release  of  restrictions
      on  use  or investment), the governing board shall apply all assets thus
      received to the purposes specified in the gift  instrument  and  to  the
      payment  of the reasonable and proper expenses of administration of such
      assets. The governing board shall cause accurate accounts to be kept  of
      such  assets separate and apart from the accounts of other assets of the
      corporation.  Unless the terms of the particular gift instrument provide
      otherwise, the treasurer shall make an annual report to the members  (if
      there  be  members)  or  to the governing board (if there be no members)
      concerning the assets held under this section and the use made  of  such
      assets and of the income thereof.
        (c)  The  governing board may appropriate for expenditure for the uses
      and purposes for which an endowment fund is established so much  of  the
      net  appreciation,  realized (with respect to all assets) and unrealized
      (with respect only to readily marketable assets), in the fair  value  of
      the  assets  of  an endowment fund over the historic dollar value of the
      fund as is prudent under the standard established by section  717  (Duty
      of directors and officers). This section is not intended to restrict the
      authority  of  the  governing  board  to expend funds as permitted under
      other  law,  the  terms  of  the  applicable  gift  instrument  or   the
      certificate of incorporation of the corporation.
        (d)  Paragraph  (c)  of  this section does not apply if the applicable
      gift instrument indicates the donor's intention  that  net  appreciation
      shall  not  be  expended.  A  restriction  upon  the  expenditure of net
      appreciation may not be implied from a  designation  of  a  gift  as  an
      endowment,  or  from a direction or authorization in the applicable gift
      instrument to use only "income,"  "interest,"  "dividends,"  or  "rents,
      issues  or  profits,"  or  "to  preserve  the  principal  intact,"  or a
      direction which contains other words of similar  import.  This  rule  of
      construction applies to gift instruments executed or in effect before or
      after the effective date of said paragraph (c).