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--- policies:drafts:donations [2024/12/15 21:52] – felix
+++ policies:drafts:donations [2024/12/18 20:18] (current) – matt
@@ Line 1: / Line 1: @@
 ===== Acceptance & Refusal of Donations Policy =====
+This policy is informed by;
+  * The Charity Commission compliance toolkit, chapter 2.
+  * The Chartered Institute of Fundraising's guidance on accepting, refusing, and returning donations.
+  * The Fundraising Regulator's code of fundraising practice
+  * HMRC guidance for charity trustees.
+and is reviewed regularly by the trustees to ensure adherence to best practice and compliance with Bristol Open Technology Lab's lawful obligations.
 ==== Trustees' Obligations ====
-The trustees take overall responsibility for any decisions to accept or refuse a donation, and will take all such decisions in the best interests of Bristol Open Technology Lab.
+The trustees take overall responsibility for any decisions to accept or refuse a donation, and must take all such decisions in the best interests of Bristol Open Technology Lab.
+Bristol Open Technology Lab follows the principal of 'know your donor' and the trustees, or a party delegated by the trustees, will perform appropriate and proportional due diligence and assessment of risk in line with this policy before making a decision to accept or reject a donation.
 ==== Acceptance of Donations ====
 === Anonymous Donations ===
-Bristol Open Technology Lab is able to accept anonymous donations where there are no suspicious circumstances. Any single anonymous donation or series of anonymous donations there is reason to believe are related totalling over £25,000 must be reported to the Charities Commission.
+Bristol Open Technology Lab is able to accept anonymous donations where there are no suspicious circumstances. Any single anonymous donation over £25,000, or series of anonymous donations totalling over £25,000 where there is reason to believe they are related, must be reported to the Charities Commission under the reporting serious incidents process.
+=== Donations From Related Individuals and Organisations ===
+Bristol Open Technology Lab values donations from individuals and organisations with whom we already have a relationship, however any such donation will not confer any reward or benefit beyond the usual recognition offered to all donors.
 === Restricted Donations ===
-WIP
+Bristol Open Technology Lab is able to accept donations and legacies restricted to specific goals, however will only do so where those restrictions are able to be practically and lawfully met whilst working towards Bristol Open Technology Lab's charitable objectives.
 ==== Refusal of Donations ====
 Bristol Open Technology Lab will refuse donations:
+  * From individuals or organisations who are targets of financial sanction.
   * From individuals or organisations whose wealth is known to result from illegal activities.
-  * Where Bristol Open Technology Lab believes that the gift has been donated to facilitate money laundering, tax evasion, or other illegal activity.
+  * Where Bristol Open Technology Lab has good reason to believe that the donation has been given in order to to facilitate money laundering, tax evasion, or other illegal activity.
   * Where the activities of the donor are directly contrary to the objectives of Bristol Open Technology Lab.
-  * Where the gift consists of goods, services, or property which Bristol Open Technology Lab cannot lawfully use or sell in support of it's charitable objectives.
+  * Where the acceptance of the donation would bring unreasonable repuational harm to Bristol Open Technology Lab.
   * Where it can be shown that the cost to Bristol Open Technology Lab will exceed the value of the donation itself.
-  * Where Bristol Open Technology Lab has good reason to believe that a doner lacks capacity to make a decision to donate, or is in a vulnerable circumstance which means they may not be able to make an informed decision.
+  * Where the donation carries restrictions which are onerous, or cannot be met.
+  * Where the donation consists of goods, services, or property which Bristol Open Technology Lab cannot lawfully use or sell in support of its charitable objectives.
+  * Where Bristol Open Technology Lab has good reason to believe that a donor lacks capacity to make a decision to donate, or is in a vulnerable circumstance which means they may not be able to make an informed decision.
+Where donations consist of goods, services, or property further restrictions, such as those imposed by space constraints or the management of physical risk, may apply.
-This policy covers the ethical and legal position of Bristol Open Technology Lab CIO with regard to the acceptance of donations of all kinds. Where these donations consist of goods or equipment further restrictions, such as those imposed by space constraints or the management of physical risk, may apply.
+==== Returning Donations ====
+Bristol Open Technology Lab will not normally return a donation which has been accepted in good faith and in line with this policy, however in excptional circumstances where additional information has come to light the trustees may review a decision to accept a gift.