fiduciary duty that an investment adviser owes to his clients.â. 13 Section 206 is, after all, an anti-fraud provision and the SEC has on occasion defined as âfraudulentâ under Section 206. conduct that would not seem to be recognized as âfraudâ at common law.
What is a gift annuity agreement? A gift annuity agreement is a lifelong contract, not a trust, between a single nonprofit organization and an individual or couple, who are referred to as annuitant(s). The terms of this agreement will lock in the rate, amount and timing of all payments the annuitant(s) receive.
The contributed property (the gift), given irrevocably, becomes a part of the charity's assets, and the payments are a general obligation of the charity. The annuity is backed by the charity's entire assets, not just by the property contributed. Annuity payments continue for the life/lives of the annuitant(s) no matter what the investment experience of the gift annuity fund. Charities that offer charitable gift annuities should be aware many states regulate the issuance of gift annuities. Usually regulation is under a stateâs Insurance (or Securities) Laws.