Fill and Sign the Order Modifying Trust Louisiana Form

IN RE: NO. __________, DIVISION ________ ________________ ____ JUDICIAL DISTRICT COURT ________________ PARISH OF ________________ STATE OF LOUISIANA FILED: DEPUTY CLERK ORDER Considering the foregoinq Petition, Notice of Publication and certification by the Clerk of Court of the ___ Judicial District Court that no opposition has been filed and more than seven (7) days having elapsed since the date of last publication of notice, IT IS ORDERED, ADJUDGED AND DECREED, that the Act of Donation establishing the __________________ dated _______ ___ , _____ is hereby amended with all provisions contained therein restated as follows: I. The name of the trust shall be “ __________________ .” II. This trust is created and shall be operated exclusively for religious, charitable, literary and educational purposes, and no part of the net earnings of the trust shall inure to the benefit of any individual, and no part of the activities of the trust shall be carrying on propaganda or otherwise attempting to influence legislation. III. The Trustees may accept contributions from other sources or from Settlors from time to time and at any one or more times. IV. The Trustees may make payments and distributions from income or principal, or both, to or for the use of such charitable organizations, as defined below, in such amounts and for such charitable purposes of the trust as the Trustees shall from time to time select and determine, but subject to the provisions of this Article iv set forth below; provided, however, that the maximum aggregate amount which may be distributed in any one calendar year shall not exceed the greater of: (a) ____ ( ___ %) percent of the fair market value of the assets (net of liabilities) of the trust as of the preceding December 31st; or (b) the amount required to be distributed to avoid all federal and state (if any) excise taxes on the failure to distribute income to public charities. The term “charitable purposes” shall be limited to and shall include only religious, charitable, literary or educational purposes within the meaning of those terms as used in Section 501(c) (3) of the Internal Revenue Code. Notwithstanding anything to the contrary contained herein: (1) At least ___________ ( ___ %) percent of all payments and distributions shall be made to charitable organizations based in the Parishes of ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ and ___________ for use in that geographic area or to charitable organizations based elsewhere, but with branch offices or programs in that geographic area, but in either case to be used by those charitable organizations to benefit persons residing in that geographic area in the areas of prison ministry, education, healthcare and medical expenses and human services (and goods) ; and, (2) The remaining amount of all payments and distributions shall be made to charitable organizations based in other Parishes within the State of Louisiana for use in that geographic area or to charitable organizations based elsewhere, but with branch offices or programs in Louisiana, but in either case to be used by those charitable organizations to benefit persons residing in that geographic area in the areas of prison ministry, education, healthcare and medical expenses and human services (and goods). In making grants to charitable organizations to be used to make educational, healthcare, medical expense, or prison ministry grants or to provide human services (and goods) to individuals, the selection of those individuals shall be made solely by the charitable organizations to which the payment or distribution is made and the Trustees shall have no involvement whatsoever in the selection of individual recipients. The term “human services” means, for purposes of the above, charitable services and goods to help: the poor; the hungry; the homeless; persons who have suffered loss of property, family members or physical, emotional or mental injury caused by natural disasters, other persons or unfortunate circumstances. Payments to organizations such as __________________ , __________________ , __________________ and the __________________ for such purposes are encompassed in this definition. The Trustees are in no way limited in the methods of carrying out these duties and may make program grants that support the direct and operational costs needed to support new, creative, existing or beneficial programs; capital grants for the construction, renovation and purchase of assets including buildings, furniture, fixtures, equipment, and transportation equipment; bridge grants that may help organizations through times of hardship; grants that seed or fund endowments; seed grants for new organizations and programs; challenge or matching grants, and grants that build the capacity of the charitable organization to better fulfill its mission; provided, however, all such grants are made to organizations described in sections 501 (c) (3) and 509 (a) (1) , 509 (a) (2) , 509 (a) (3) or 4942 (j ) (3) of the Internal Revenue Code, unless the trust has obtained from the Internal Revenue Service grant making approval for such grants pursuant to section 4945(g) of the Internal Revenue Code. V. The Trustees may from time to time adopt, change or terminate such organization and methods of administration, not inconsistent with the provisions of this trust, as they should deem necessary or advisable for the efficient and convenient administration of the trust, including the adoption of by-laws, rules and regulations. All decisions shall be made upon the concurrence of a majority of the Trustees and, in the event of a deadlock, upon the concurrence of a majority of the Trustees other than any bank or corporate trustees. The Trustees may appoint a secretary and may elect or appoint such other officers with such titles, powers and duties, always subject to the controlling powers and duties of the Trustees, as the Trustees shall deem advisable for the convenient administration of this trust. The Trustees may employ or retain accountants, legal and investment counsel, investigators, clerks and other advisors, agents and employees, in procuring special services. The compensation of each person employed and retained and the costs of any special services shall be subject to approval by the Trustees and, if approved, shall be paid from the trust property. The Trustees are hereby empowered to make such modifications to this trust as are necessary for this trust to maintain its I.R.C. section 501(c) (3) tax-exempt private foundation status. VI. Any other provision herein to the contrary notwithstanding, (a) so much of the trust income for each taxable year must be distributed at such time and in such manner as not to subject the trust to tax under Internal Revenue Code Section 4942, and (b) the trust is prohibited :from engaging in any act of self- dealing (as defined in Internal Revenue Code Section 4941(d)), from retaining any excess business holdings (as defined in Internal Revenue Code Section 4943 (c)), from making any investments in such manner as to subject the trust to tax under Internal Revenue Code Section 4944, and from making any taxable expenditures (as defined in Internal Revenue Code Section 4945 (d) ) VII. The trust shall continue forever unless the Trustees at any time then serving decide to terminate the trust and distribute all the principal and income, which action may be taken by the unanimous vote of all Trustees in their discretion, if they decide that the purposes of the trust can best be met by terminating the trust; provided, however, that the approval of a court of competent jurisdiction over the trust is obtained therefor. On such termination, the trust fund as then constituted shall be distributed to or for the use of: (1) __________________ , if that organization is then exempt from Federal income tax under Internal Revenue Code section 501(c) (3) ; or, if not, (2) __________________ , if that organization is then exempt from Federal income tax under Internal Revenue Code section 501(c) (3) ; or, if not, (3) Such charitable organizations which are exempt from Federal income tax under Internal Revenue Code Section 501 (c) (3), in such amounts, and for such charitable purposes as the Trustees shall then select and determine, but only to charitable organizations of the types to which current payments and distributions may be made by the trust as provided in Article IV hereof, in each case with at least 75% of the assets used for citizens of the ten (10) parish area described in Article IV, paragraph (1) , with the balance of the assets used to benefit citizens in other parts of the State of Louisiana as provided in Article IV, paragraph (2) hereof. VIII. References herein to “charitable organizations” mean corporations, trusts, funds, foundations or community chests created or organized in the United States or in any of its possessions, whether under the laws of the United States, any state or territory, the District of Columbia or any possession of the United States organized and operated exclusively for charitable purposes, no part of the earnings of which inures to or is payable to or for the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which do not participate in or intervene in (including the publishing and distributing of statements) any political campaign on behalf of any candidate for public office, and shall be exempt from Federal income tax under Section 501(c) (3) of the Internal Revenue Code. IX. No individual Trustee shall be entitled to compensation for his services; provided, however, the Trust shall reimburse the Trustees for their reasonable expenses incurred in attending meetings of the Trustees or of committees of the Trustees and performing their duties as Trustees, and corporate or bank Trustees shall be paid reasonable compensation for their services. X. The Trustees then serving may at any time appoint additional trustees and successors to trustees who have resigned, died or become unable to serve so that at all times there shall be at least ____ ( __ ) Trustees but no more than ____ ( __ ) Trustees serving, provided that during any period of temporary vacancy the remaining Trustees may act alone; and provided that following the deaths of both Settlors, no less than ____ ( __ ) nor more than ____ ( __ ) Trustee positions shall be filled by Settlors’ descendants, provided at least ____ ( __ ) of Settlors’ descendants are able and willing to serve and meet the qualifications to serve as Trustee and, if there are not two descendants who so qualify, ____ ( __ ) or none of Settlors’ descendants shall serve. Notwithstanding anything to the contrary contained herein, _____________ and _____________ shall remain as Trustees until their resignations, deaths or iriterdictions. With respect to all other Trustees, however, a majority of the Trustees may remove any Trustee at any time, with or without cause, and elect a successor in his place and stead. Except for ___________ , ___________ and their children, all other individual Trustees must reside in the _____________ metropolitan area, consisting of the parishes of ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ , ___________ and ___________ . At no time shall there be more than one corporate or bank trustee, and there need not be any corporate or bank trustee; provided, however, if there is no corporate or bank trustee a corporation or bank shall serve as agent or custodian of all assets and shall be responsible for the reporting of financial results. XI. All references herein to the “Internal Revenue Code” are to the United States Internal Revenue Code of 1986, as amended, and all references to specific sections of the Code include provisions of any future federal tax laws. XII. It should be understood that the trust established hereby is designated as a charitable trust under Louisiana law, and is designed to qualify under Sections 509 and 501(c) (3) of the Internal Revenue Code as a tax-exempt private foundation. Any ambiguity herein shall be construed so as to preserve the tax- free nature of the trust. XIII. A majority of the individual Trustees shall have the power and right to remove any bank or corporate Trustee for any reason whatsoever. XIV. The Trustees shall, except to the extent modified by the specific terms of the Trust established hereby, have all the powers granted to trustees by Louisiana law. XV. 1. The Trustees are relieved from furnishing bond. 2. The Trustees shall not be required to obtain the order or approval of any court in the exercise of any power or discretion granted by this instrument or by the Louisiana Trust Code. 3. No Trustee who is an individual shall be liable for any acts or the omission of any acts done during the administration of any trust except for acts done in bad faith or which constitute a breach of the duty of loyalty owed to a beneficiary. 4. No bank trustee shal1 have the power or right to vote any stock of that bank or of any holding company of that bank and this power shall be reserved to the individual trustees. XVI. This trust is created and shall be construed under the laws of the State of Louisiana.” _____________ , Louisiana, this ______ day of ______________, 20 ___ . JUDGE, ____ JUDICIAL DISTRICT COURT