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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Another non-profit donated funds to our non-profit for the

Customer Question

Another non-profit donated funds to our non-profit for the purpose of constructing a school in Uganda on land already owned by our non-profit. The school building is already completed and classes will begin in February 2017 as originally planned. Now because the other non-profit who donated these building funds is trying to tell us how to operator this school (which we had told them prior to receiving the donation was not an option), and they have advertised for teachers (without our permission), we have told this other non-profit that we need to sever our relationship and cannot accept the remaining $15,000.00 that they had committed to this project (which has now been completed with funds from our non-profit). Now this other non-profit is asking us to return to them $30,000.00 of the funds that they donated toward this project. To do so would put our non-profit in an extreme operational and financial burdensome position. Question: Must we return any of these donated funds when the intention of the donation has been fulfilled?
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me if the agreement which governed the donation (if any) specifically gave the donor any rights to operate/advise on the school, advertise for teachers, or, anything else that they are doing?

Or, no such rights are included in the agreement?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 month ago.
No such rights are included.
Customer: replied 1 month ago.
How soon may I expect your call?
Expert:  Ely replied 1 month ago.
Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost.
Meanwhile, please allow me to answer your question regardless.
Now because the other non-profit who donated these building funds is trying to tell us how to operator this school (which we had told them prior to receiving the donation was not an option)
They cannot do so. Accepting money does not mean giving up control of the project unless the contract states so. So their "recommendations" may be politely ignored. Or sternly rebuffed, if needed.
and they have advertised for teachers (without our permission)
They cannot do so. They can be sued for meddling in your non-profit's ongoing project this way for appropriation of likeness if they pretend (or feel the right that they can claim) to be you, for example.
we have told this other non-profit that we need to sever our relationship and cannot accept the remaining $15,000.00 that they had committed to this project (which has now been completed with funds from our non-profit). Now this other non-profit is asking us to return to them $30,000.00 of the funds that they donated toward this project. To do so would put our non-profit in an extreme operational and financial burdensome position. Question: Must we return any of these donated funds when the intention of the donation has been fulfilled?
The answer is NO. Unless the contract states otherwise, provided the funds have been used for their intended purpose, there is no mandate to return the money. They simply cannot demand it just because they are not being given a role in the project - something that they have no right to demand to begin with.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 month ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!