Can a gift agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure the method records intent, attribution, and retention to meet the four-part e-sign validity test.

When is notarization required?

Notarization is not universally required for gift agreements, but deeds transferring real property typically require notarization and recording. Check local recording office rules and use RON when permitted and required for notarized acknowledgements.

How should noncash gifts be valued?

Donors should obtain a qualified appraisal for certain noncash gifts as required by IRS rules. Include appraisal attachments and valuation dates in the agreement to support tax substantiation.

Who can sign for an organization?

Authorized officers or persons with documented corporate authority should sign. Include title and authority language, and where doubt exists obtain a board resolution or corporate certificate.

How do I revoke or cancel a gift?

Revocation depends on terms in the agreement and whether the gift was accepted or delivered. For conditional gifts or gifts with return provisions, follow the template language and seek legal advice for contested revocations.

How long should I keep executed agreements?

Retain executed gift agreements at least three years for general tax records and six years for healthcare-related items under HIPAA (45 CFR §164.530(j)); longer retention may be necessary for property transfers or state-specific rules.

Electronic Signature
Templates
Miscellaneous
Gift Agreement Template

Gift Agreement Template

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

GIFT AGREEMENT

This Gift Agreement is made by and between Donor Name: and Recipient Name: on the dates set forth below. The Donor and Recipient are each a "Party" and together the "Parties."

Donor Address Recipient Address

RECITALS

WHEREAS, the Donor desires to transfer and convey to the Recipient, as a gratuitous gift, certain property and/or funds as described herein; and

WHEREAS, the Recipient desires to accept such gift subject to the terms, conditions and limitations set forth in this Agreement; and

WHEREAS, the Parties intend by this Agreement to set forth the nature of the gift, the method and schedule of transfer (if applicable), and certain warranties, obligations and acknowledgements of the Parties.

SCOPE OF GIFT (SCOPE OF WORK)

Description of Gift Estimated Fair Market Value of Gift

PAYMENT / TRANSFER TERMS

The Donor shall transfer the Gift to the Recipient as follows:

Payment / Transfer Method Payment / Transfer Schedule Late Fee or Remedy for Failure to Transfer on Schedule

Notwithstanding any schedule described above, the Parties acknowledge that this transfer is intended as a gift and not in exchange for goods or services. The Donor makes no ongoing monetary demands on the Recipient in consideration of the Gift.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated as provided below.

Either Party may terminate this Agreement for material breach by the other Party, provided that the terminating Party gives written notice and the breaching Party fails to cure within Notice Period (days): . Termination shall not affect obligations or liabilities accrued prior to termination.

CONFIDENTIALITY

Each Party shall hold in confidence all non-public information concerning the other Party disclosed in connection with this Agreement. Confidential information does not include information that: (a) is or becomes publicly known through no breach of this Agreement; (b) is rightfully received from a third party without restriction; or (c) is independently developed. The obligations of confidentiality survive termination of this Agreement for a period of three (3) years.

REPRESENTATIONS, WARRANTIES AND TAX MATTERS

The Donor represents and warrants that the Donor has good and lawful title to the Gift, that the Gift is free and clear of liens and encumbrances (except as disclosed in writing), and that the Donor has full authority to make the transfer. The Recipient accepts the Gift "AS IS" and assumes responsibility for possession, maintenance and any liabilities arising after transfer.

The Parties acknowledge that tax consequences may arise from the transfer of the Gift. The Donor is responsible for any gift taxes or reporting obligations arising from the transfer unless otherwise expressly agreed. Neither Party shall be liable for the other's tax obligations except as required by law.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles, and the Parties submit to the exclusive jurisdiction of the courts located therein for any dispute arising under this Agreement.

MISCELLANEOUS

Entire Agreement. This Agreement, together with any written attachments executed by the Parties, constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior discussions and agreements. No amendment or modification shall be effective unless in writing and signed by both Parties.

Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party, except that the Recipient may assign rights to accept the Gift to an affiliated entity upon prior written notice to the Donor.

Additional Terms or Special Conditions

Acknowledgment. By signing below, the Donor affirms that the Gift is made voluntarily, without coercion, and that the Donor understands and accepts the legal consequences of making this Gift. The Recipient acknowledges acceptance of the Gift subject to the terms of this Agreement.

Donor Name:

By:

Date:

Recipient Name:

By:

Date:

What a Gift Agreement Template Is and When to Use It

A Gift Agreement Template is a written contract that documents the voluntary transfer of property, money, or assets from a donor to a recipient without consideration. It defines the parties, describes the gifted property, records any restrictions or designated purposes, and sets the effective date and acceptance terms. For inter vivos gifts, charitable pledges, or organizational grants, the template clarifies tax substantiation, delivery mechanics, and recordkeeping obligations while reducing ambiguity about intent and authority.

Why a Clear Gift Agreement Template Matters

A precise template protects donor intent, confirms recipient acceptance, and supports tax substantiation while helping enforce restrictions. When executed correctly it meets ESIGN and UETA standards for electronic records and signatures (15 U.S.C. §7001; UETA, 1999) where applicable.

Who Typically Prepares and Signs Gift Agreements

Common users range across individuals and organizations handling transfers of value.

Individual donors or grantors who need to document charitable or private gifts clearly for tax or estate planning purposes.
Nonprofit gift officers, development teams, and foundations formalizing restricted gifts, memorial funds, or pledges.
Legal counsel and estate administrators preparing binding transfer language and ensuring authority and acceptance are documented.

Each party should confirm authority to sign and consider legal or tax review when values or restrictions are significant.

Core Elements to Include in a Professional Gift Agreement Template

A well-structured template groups legal essentials into distinct sections so parties can complete and review quickly.

Parties

Full legal names and entity types for donor and recipient, including authorized signatory names and titles, to establish identity and authority.

Gift Description

Precise description of the property, funds, securities, or services being transferred, including quantity, serial numbers, or exhibits as needed for clarity.

Purpose or Restrictions

Any designated use, spending restrictions, endowment instructions, or timeline conditions that limit how the recipient may apply the gift.

Delivery and Acceptance

Mechanics of transfer (physical delivery, electronic transfer, deed recording) and language confirming recipient acceptance and effective date.

Representations

Donor and recipient statements about authority, title, absence of liens, and any tax-related acknowledgments to reduce future disputes.

Signatures and Dates

Signature blocks for all parties, dates, and any required witness or notary lines to establish finality and proof of execution.

Essential Required Fields at a Glance

Donor Name: Full legal name

Recipient Name: Legal entity or individual

Gift Description: Brief property summary

Declared Value: Dollar amount or appraisal

Effective Date: MM/DD/YYYY format

Signatures: Authorized signers and dates

Step-by-Step: How to Complete the Gift Agreement Template

Follow these ordered steps to ensure the template is correctly filled, executed, and retained for tax and compliance purposes.

01

Draft the Parties: Enter full legal names and titles exactly as on official records.
02

Describe the Gift: Specify quantity, identifiers, and attach exhibits if needed.
03

Set Purpose: State any restrictions, timeline, or reporting requirements.
04

Sign and Date: All parties sign; include witnesses or notary if required.

How to Customize and Complete the Template Online

Set up a repeatable workflow so all gift agreements follow the same review, signature, and storage path.

Template Name	Gift Agreement \| Pre-fill static fields
Assigned Role	Donor, Recipient, Legal Reviewer, Witness
Authentication	Email link, SMS code, or stronger KBA
Conditional Fields	Show appraisal fields when noncash selected
Audit Trail	Capture IP, timestamp, and signer details

Where to Send and File Completed Gift Agreements

A clear routing plan ensures each party and recordkeeper receives the final executed document.

Send to Recipient: Deliver executed copy to the recipient's records department.
Send to Donor: Provide donor with signed acknowledgement for tax purposes.
Legal Review: Forward a copy to counsel when high value or restrictions exist.
Accounting: Send final agreement and valuation to finance for reporting.

Digital Delivery Options and System Needs

Choose a delivery method that preserves authenticity, audit trails, and legal compliance for the signatures you collect.

Email Signing: Simple, widely accepted, audit-trail capable
Remote Notarization: Supports notarized acknowledgement via audio-video
Document Storage: Integrate with cloud storage for retention

Match authentication strength to risk: use email or SMS for low-risk gifts, and RON or enhanced identity proofing for high-value transfers or when a notarized acknowledgment is required.

Key Deadlines and Timing Considerations

Track execution, delivery, and tax-related timing to preserve donor benefits and compliance with reporting rules.

Effective Date:

Determines when ownership transfers and reporting begins

Delivery Deadline:

Complete physical or electronic transfer per agreement timing

Tax Acknowledgement:

Provide donor receipt before their tax filing deadline

Appraisal Deadlines:

Obtain qualified appraisal prior to donor tax filing if required

Retention Start:

Begin record retention from the effective or filing date

Typical Processing Milestones for a Gift Agreement

A sequential milestone view helps teams track draft-to-archive steps and identify approvals at each stage.

01

Draft and Review

Legal and program teams finalize language and attachments.

02

Signatures Collected

Donor and recipient execute via chosen signing method.

03

Acceptance Confirmed

Recipient records acceptance and any acknowledgements are issued.

04

Archive and Report

Store final agreement and supply records for tax or audit.

eSignature Vendor Comparison for Signing Gift Agreements

Compare common vendor starting prices and capability indicators relevant to executing and storing Gift Agreement Templates. SignNow appears first per table conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Practical Use Cases for a Gift Agreement Template

Two concise scenarios show how templates reduce ambiguity and speed execution for common gift types.

Community Foundation Gift

A donor pledges a restricted fund for arts education

donor specifies $50,000 and reporting requirements
the foundation uses the template, issues a donor acknowledgement, and schedules reporting obligations to meet restriction terms.

Transfer of Securities

An individual gifts publicly traded shares to a nonprofit

transfer instructions and valuation date are included
brokerage routing and donor receipt are generated to support charitable deduction substantiation.

Sample Signers and Their Roles

Donor — Individual

A private donor who transfers funds or property and signs to confirm intent and absence of consideration. The donor should provide identity documentation and retain the signed acknowledgement for tax records.

Gift Officer — Nonprofit

Staff member authorized to accept gifts, confirm receipt, and enforce restrictions. They ensure the gift is recorded in organizational ledgers and that donor acknowledgements meet IRS substantiation needs.

Common Mistakes to Avoid When Preparing a Gift Agreement

Using vague descriptions for noncash gifts, which complicates valuation and may invalidate tax substantiation for the donor.
Failing to confirm signatory authority for organizations, leading to disputes over acceptance and possible reversal of the transfer.
Omitting acceptance language from the recipient, which can create uncertainty about whether the gift was legally received.
Neglecting to collect or attach appraisals for high-value noncash gifts, risking IRS denial of charitable deduction claims.

Potential Risks and Consequences of an Incorrect Agreement

Tax Deduction Denial: Donor may lose deduction

Title Defect: Recipient may not obtain clear ownership

Restriction Breach: Violation can trigger return or litigation

Invalid Execution: Missing signature or authority can void transfer

Appraisal Shortfall: Incorrect valuation risks IRS adjustment

Recordkeeping Failure: Lost proof undermines audit defense

FAQs About Using the Gift Agreement Template

Answers to frequent questions about electronic execution, authority, notarization, valuation, and recordkeeping for gift agreements.

Need help? Contact support

Can a gift agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Ensure the method records intent, attribution, and retention to meet the four-part e-sign validity test.
When is notarization required?
Notarization is not universally required for gift agreements, but deeds transferring real property typically require notarization and recording. Check local recording office rules and use RON when permitted and required for notarized acknowledgements.
How should noncash gifts be valued?
Donors should obtain a qualified appraisal for certain noncash gifts as required by IRS rules. Include appraisal attachments and valuation dates in the agreement to support tax substantiation.
Who can sign for an organization?
Authorized officers or persons with documented corporate authority should sign. Include title and authority language, and where doubt exists obtain a board resolution or corporate certificate.
How do I revoke or cancel a gift?
Revocation depends on terms in the agreement and whether the gift was accepted or delivered. For conditional gifts or gifts with return provisions, follow the template language and seek legal advice for contested revocations.
How long should I keep executed agreements?
Retain executed gift agreements at least three years for general tax records and six years for healthcare-related items under HIPAA (45 CFR §164.530(j)); longer retention may be necessary for property transfers or state-specific rules.

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