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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 65. Uniform Prudent Management of Institutional Funds
- Section 20. Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction.
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Section 10. Standard of Conduct in Managing and Investing Institutional Funds.
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Section 30. Delegation of Management and Investment Functions.
AS 13.65.020. Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction.
(a) Subject to the intent of a donor expressed in a gift instrument, 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 a 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:
(1) the duration and preservation of the endowment fund;
(2) the purposes of the institution and the endowment fund;
(3) general economic conditions;
(4) the possible effect of inflation or deflation;
(5) the expected total return from income and the appreciation of investments;
(6) other resources of the institution; and
(7) the investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under (a) of this section, a gift instrument must specifically
state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, 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 meaning
(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) do not otherwise limit the authority to appropriate for expenditure or accumulate under (a) of this section.
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