De La Salle University - Manila

Policies on Gifts/Donations and Deposits

Concept

• Donations are gifts, and in legal terms, a gift means that title/ownership to property passes from the giver to the recipient.
• Legal Secretary's Encyclopedic Dictionary defines gift as a voluntary transfer of property made gratuitously, and not for any consideration. A gift inter vivos is perfected when there is an intent of the donor to make a gift, a delivery of the gift, and an acceptance by the donee. Control over the subject of the gift is lost by the donor upon delivery, and the gift takes effect immediately. There can be no revocation of such a gift by the donor.

Instruments of Gift

All donations must be made in writing, through any of the following instruments:

• Letter
  • The donor makes the offer by writing a letter to the intended recipient.
  • If the recipient is the Library, the Director indicates the acceptance, and advises donor of the access and restrictions to be applied, disposal provisions, etc.
• Will
  • This instrument is usually prepared by a lawyer for the donor.
  • It should contain such elements as access, restrictions and disposition clauses.
• Deed
  • The Deed of Donation is usually prepared after consultation between the donor and the recipient and signed by both to indicate offer and acceptance.
• Elements contained in the Deed are as follows:
  • Donor: The instrument must clearly indicate the person/institution that physically owns the material to be donated. If the donor is not the creator, ownership must be established. If the donor is an institution, the officers or Board who will sign the document must be empowered or authorized to act on behalf of the institution.
  • Recipient: The instrument must clearly state who the intended recipient is. If the University is the recipient, the University may remove the donated materials from the library and deposit them elsewhere. If the Library is the intended recipient, the donated materials may not be removed from its location as determined by the Library.
  • Date of Transfer: The instrument must establish the date of transfer. In the event of a formal turn-over, the date of transfer/physical delivery must be fixed at sixty (60) days prior to the date of turn-over.
  • Description: The Deed must contain a full description of the material(s) conveyed, including title(s), inclusive dates, volumes, subject categories, types of materials, etc.
  • Copyright: For historical manuscripts, personal papers and other archival materials, the deed must make a clear distinction between physical property and intellectual property. The deed must specify who holds copyright and for how long, who holds literary rights, if any, and for how long.
  • Access: Access and restrictions on the use of the donated material may be imposed within reason.
  • Restrictions: The Deed must also indicate who may lift the restrictions. The first option is for the Archivist in consultation with the Donor or his/her assignee.
  • Disposal: The Deed should indicate whether the Archives can dispose of parts of the donation that are considered of no significant research value or inappropriate to the Archives collection. Any material that is not retained by the Archives may be:
    • Returned to donor
    • Disposed of by the Archives in any manner at the discretion of the Archivist.
  • Subsequent gift: There should be a provision stating that all subsequent donations will be made in accordance with the provisions of the deed agreed upon earlier, unless new terms and conditions are presented.
  • Physical storage and facilities: The Archives should provide for the care and maintenance of the donated material to the best of its efforts, subject to limitations of space, personnel and budget.
• Deposit Agreements
  • A deposit agreement is a statement of intent to transfer title at some future date, usually unspecified, but in the meantime, the prospective donor deposits the physical property for safekeeping.
  • Elements of the instrument of gift are applicable to the deposit agreement. Also included are:
    • Statement of intent to deposit
    • Period of deposit (which should be a minimum of ten years)
    • Statement regarding library's responsibility/liability for accidental damage/loss to the property.
    • Statement regarding the types of archival/library work that may be undertaken on the collection, such as cataloging, indexing, publication, rehabilitation, reproduction, etc.
    • Statement that in the event of death of depositor, title/ownership passes to the Library.
• Appraisal of Donations/Deposits for Insurance Purpose/Tax Information, etc.
  • All materials donated/deposited must be accompanied by an inventory list to be prepared by donor/depositor for verification. A clear and accurate description of the materials should include physical type, provenance, dates, volume, subject coverage and other pertinent information.
  • Initial appraisal or evaluation shall be undertaken by the recipient, or preferably, by authorized or recommended appraisers qualified to do the appraisal.
  • Factors determining appraisal value of the materials for donation/deposit:
    • Age
    • Volume
    • Form
    • Informational and evidentiary characteristics
    • Research value
    • Collection policy considerations
    • Intrinsic value (scarcity or rarity)
  • Final appraisal and disposition of materials shall be decided by the Archivist. The monetary value of the donation may be subject to annual review for insurance purposes.