PURPOSE: This rule clarifies the procedure for acceptance of gifts to the state of Missouri.

1. (1) Any devise, bequest, donation, gift or assignment of money, bonds or choses in action, or of any property, real, personal or mixed, to a specific department, division, commission, institution or other agency of the state of Missouri shall be received and accepted by such department, division, commission, institution or other agency pursuant to the constitutional or statutory authority granted to such agency.
2. (2) Any devise, bequest, donation, gift or assignment of money, bonds or choses in action, or of any property, real, personal or mixed, to the state of Missouri, and not to a specific department, division, commission, institution or other agency thereof authorized to receive and accept same, may be received and accepted by the Director of Revenue upon such terms, conditions and limitations as are acceptable to the Director of Revenue. The Director of Revenue’s authority to receive and accept a devise, bequest, donation, gift or assignment may, by designation of the Director of Revenue, be delegated to other officials or employees of the Department of Revenue.

3. (3) Every devise, bequest, donation, gift or assignment to the state of Missouri submitted to the Director of Revenue for purpose of acceptance shall be documented in form substantially as follows:

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   STATE OF MISSOURI DEED OF GIFT

FROM:

Name of Donor

Street Address

City State Zip Code

KNOW ALL PERSONS BY THESE PRESENTS that the Donor does hereby convey to the state of Missouri without consideration all right, title and interest in the following property upon such terms, conditions and limitations as are specifically set forth herein:

(Description of Property)

(Description of Terms, Conditions and Limitations)

It is intended that this conveyance constitute a valid gift under the laws of the state of Missouri so that the right and title to such property shall pass to and vest in the state of Missouri, and all such property and the proceeds thereof may be appropriated for educational purposes or for such other purposes as the General Assembly may direct.

Signature of Donor (or Authorized Representative)

Title (if applicable)

Date

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1. (4) A prospective donor should contact the general counsel of the Department of Revenue for the purpose of discussing any terms, conditions or limitations of a gift to the state of Missouri, and to discuss the manner of delivery of the gift to the state of Missouri.

AUTHORITY: section 33.550, RSMo 1994.* Original rule filed Nov. 14, 1985, effective April 25, 1986. Amended: Filed Feb. 23, 1989, effective June 11, 1989. Rescinded and readopted: Filed June 7, 1999, effective Dec. 30, 1999.

*Original authority: 33.550, RSMo 1939, amended 1947.