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“The wisdom of the prudent is to give thought to their ways . . .”
Proverbs 14:8 (New International Version)
How does your church manage the contributions it receives in the offering
plate each week and other funds it receives or has accumulated? The
common practice of many churches is to keep funds in a checking account
adequate to meet current expenses, place emergency funds in a money
market account that can be readily accessed and to invest other church
funds in certificates of deposit (CDs) at one or more local banks
or other financial institutions. Those CDs produce a fixed rate of
interest income and the risk of losing the principal appears to be
minimal. Those steps seem prudent. Is there, however, a more prudent
manner of being good stewards of those resources?
Many of those responsible for the investment of church funds are not
aware that Missouri statutes provide legal requirements and guidance
on the investment of at least some of the funds owned by a church.
Funds which are not wholly expendable by the church on a current basis,
typically called endowment funds, are currently governed by the Uniform
Management of Institutional Funds Act (UMIFA) as adopted by the Missouri
General Assembly in Chapter 402 in the Revised Statutes of Missouri.
Those responsible for the administration and investment of endowment
funds (finance committees, trustees, investment committees, endowment
committees, etc.) are to act with the care, skill, prudence, and diligence
that a prudent person acting in like capacity and familiar with these
matters would act. They need to consider individual investments as
part of an overall investment strategy. Consideration should also
be given to the long and short term needs of the church, its present
and anticipated financial requirements, expected total return on its
investments, price level trends, and general economic conditions.
Applying such prudence requires those responsible, “to give thought
to their ways.”
UMIFA enables tax exempt entities, such as a church, to invest in
more than interest-bearing investments, such as savings accounts,
bonds and CDs, and to invest on a total return basis. The church may
spend capital appreciation, such as may be produced by investments
in stocks, mutual funds, real estate and other investments.
UMIFA imposes more responsibility on those investing church funds
than simply picking the CD with the highest interest rate. In a new
development, the Missouri General Assembly voted to amend UMIFA. If
signed by the Governor, the new Act will be known as the Uniform Prudent
Management of Institutional Funds Act (UPMIFA). UPMIFA will require
even more diligence by those given the responsibility of investing
endowment funds. UPMIFA requires the implementation of certain procedures
deemed as prudent.
Items those administering such funds must review include, but are
not limited to, general economic conditions, the possible effect of
inflation or deflation, the role that each investment or course of
action plays within the overall investment portfolio of the fund,
the expected total return from the income and the appreciation of
investments, the needs of the church and the fund to make the distributions
and preserve capital, and an asset's special relationship or special
value, if any, to the charitable purposes of the church. As under
current law, a church is to diversify the investments of an endowment
fund unless special circumstances cause the purposes of the fund to
be better served without diversification. Those special circumstances
and all factors considered in making such investment decisions must
be documented when made. Failure to administer endowment funds in
a prudent manner, as defined by Missouri law, could result in the
church being seen in a negative manner and cause legal actions by
disgruntled church members or the Missouri Attorney General. It is
the responsibility of each church to “give thought to their ways”
as good stewards of the resources donated to the Lord’s work.
Financial professionals and organizations with expertise in endowment
development and administration can assist churches. Counseling on
endowment policies and procedures for prudent investment and administration
is available from Missouri Baptist Foundation and other similar organizations.
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John M. Hardin is Missouri Baptist Foundation General Counsel and
Corporate Secretary. The Foundation promotes stewardship and the importance
of endowment for the financial strength of ministry. The Missouri
Baptist Foundation, 400 East High Street Suite 500, Jefferson City,
Missouri 65101-3253; 1-800-776-0747; www.mbfn.org. |