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National Law Review
National Law Review
7/1/2026
When the Rules Shift- Legal and Regulatory Changes for University Foundations

When the Rules Shift- Legal and Regulatory Changes for University Foundations

Short summary

University foundations must reassess compliance across tax-exempt reporting, DEI scholarships, NIL athletics support, and foreign gift policies due to shifting legal requirements. Effective risk management requires cross-campus coordination among advancement, financial aid, university counsel, and foundation leadership. Emphasis is on documented review processes and understanding both mandatory and aspirational donor restrictions in the current regulatory environment.

  • Key compliance review areas: tax-exempt status, DEI-based scholarship criteria, NIL student-athlete payments, foreign gifts and donors, gift acceptance policies, and public records obligations
  • Requires cross-functional coordination between advancement, financial aid, university counsel, and foundation boards to manage shared institutional risks
  • Focus on written documentation, clear approval processes, and reassessment of older gift instruments that may no longer align with current legal guidance

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