Idaho Code 48-1906 – Unlawful Acts
Current as of: 2023 | Check for updates
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(1) It is unlawful for an accountable person or charitable organization to knowingly use, or allow to be used, the charitable organization’s charitable assets in a manner that is inconsistent with:
(a) Law applicable to the charitable asset;
(b) The restrictions contained in a gift instrument regarding the charitable assets; provided, however, that nothing in this section shall prevent a person from seeking a release or modifying the charitable purposes or restrictions contained in a gift instrument, pursuant to section 33-5006, Idaho Code, or other applicable Idaho law; or
(c) The charitable purpose of the charitable organization that holds the charitable asset.
(2) An accountable person is not liable under this section if the accountable person:
(a) Discharged his duties as an accountable person in compliance with the standards of conduct set forth in sections 30-30-618 and 30-30-623, Idaho Code, irrespective of whether the accountable person would otherwise be subject to the provisions of such sections;
(b) Acted in compliance with the applicable trust instrument and that trust instrument complies with Idaho law;
(c) Qualifies for immunity under section 6-1605, Idaho Code; or
(d) Acted in compliance with a court order regarding a matter for which the attorney general received timely notice as provided by applicable law, thereby providing the attorney general time to file any objection and be heard by the court regarding the matter.
Terms Used In Idaho Code 48-1906
- Accountable person: means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization. See Idaho Code 48-1903
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney general: means the attorney general of the state of Idaho or the attorney general’s designee. See Idaho Code 48-1903
- Charitable asset: means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code. See Idaho Code 48-1903
- Charitable organization: means a person who holds charitable assets regardless of the legal form. See Idaho Code 48-1903
- Charitable purpose: means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community. See Idaho Code 48-1903
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114