Nevada § 164.667 - Appropriation for expenditure or accumulation of endowment fund; rules of construction

§ 164.667. Appropriation for expenditure or accumulation of endowment fund; rules of construction

1. Subject to the intent of a donor expressed in the gift instrument and to subsection

4, an institution may appropriate for expenditure or accumulate so much of an endowment

fund as the institution determines is prudent for the uses, benefits, purposes and

duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund

are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act

in good faith, with the care that an ordinarily prudent person in a like position

would exercise under similar circumstances, and shall consider, if relevant, the following

factors: (a) The duration and preservation of the endowment fund; (b) The purposes of the institution and the endowment fund; (c) General economic conditions; (d) The possible effect of inflation or deflation; (e) The expected total return from income and the appreciation of investments; (f) Other resources of the institution; and (g) The investment policy of the institution. 2. To limit the authority to appropriate for expenditure or accumulate under subsection

1, a gift instrument must specifically state the limitation. 3. Terms in a gift instrument designating a gift as an endowment, or a direction or

authorization in the gift instrument to use only “income,” “interest,” “dividends,”

or “rents, issues or profits,” or “to preserve the principal intact,” or words of

similar import: (a) Create an endowment fund of permanent duration unless other language in the gift

instrument limits the duration or purpose of the fund; and (b) Do not otherwise limit the authority to appropriate for expenditure or accumulate

under subsection 1. 4. The appropriation for expenditure in any year of an amount greater than 7 percent

of the fair market value of an endowment fund, calculated on the basis of market values

determined at least quarterly and averaged over a period of not less than 3 years

immediately preceding the year in which the appropriation for expenditure was made,

creates a rebuttable presumption of imprudence. For an endowment fund in existence for less than 3 years, the fair market value

of the endowment fund must be calculated for the period the endowment fund has been

in existence. This subsection does not: (a) Apply to an appropriation for expenditure permitted under law other than NRS 164.640 to 164.680 , inclusive, or by the gift instrument; or (b) Create a presumption of prudence for an appropriation for expenditure of an amount

less than or equal to 7 percent of the fair market value of the endowment fund.