Original Position Donor-Advised Fund (OPDAF) Member Agreement
Effective August, 2025
This Agreement outlines the policies, procedures, and restrictions associated with opening and maintaining a donor-advised fund account (“Fund”) with Original Position Donor-Advised Fund (“OPDAF”), a program of Original Position (“OP”). By creating a Fund, members agree to accept and be bound by this Agreement.
OP reserves the right to amend this Agreement at any time. Any changes will be posted at https://www.original-position.org/DAF/member-agreement. Continued use of a Fund after such posting constitutes acceptance of the updated terms.
About Original Position
Original Position (“OP”) is a nonprofit public charity incorporated in Wyoming and recognized as tax-exempt under Sections 501(c)(3), 509(a)(1), and 170(b)(1)(A)(vi) of the Internal Revenue Code. OP is eligible to receive charitable contributions under IRC Section 170(c). As required by IRS regulations, all contributions are irrevocable charitable donations to OP, and OP retains exclusive legal control over all assets held in a Fund. OP does not provide legal or tax advice and members are encouraged to consult a qualified tax professional regarding their individual circumstances.
EIN: 99-4320772
Address: 30 N Gould St, Ste N, Sheridan, WY 82801, USA
Website: https://www.original-position.org
Contact: info@original-position.org
Membership
Any individual who is 18 years of age or older may become a member and open an OPDAF account. Accounts are created online through the OP website. By opening a Fund, members certify that the personal and financial information they provide is accurate and complete and agree to notify OP of any changes. OP reserves the right to verify any information provided.
Each Fund will be identified as “The [Donor Last Name] Fund” unless the member requests another name. OP reserves the right to edit or reject proposed fund names that contain unlawful, defamatory, misleading, or otherwise inappropriate content.
Members access their accounts online using their chosen credentials. Members are responsible for maintaining the confidentiality of their login information and for reviewing their accounts regularly to ensure their security. OP is not responsible for losses resulting from unauthorized access.
Contributions
When a member contributes cash or securities to their Fund, they are making an irrevocable charitable gift to OP. Contributions may be deductible for U.S. taxpayers in the year they are made, subject to IRS rules and the donor’s circumstances. OP issues tax receipts but does not provide legal or tax advice. Members are responsible for determining the deductibility and reporting of their contributions.
OP accepts contributions in the form of cash (via bank transfer, debit card, credit card, or check) and publicly traded securities. Securities will be liquidated upon receipt, and the net proceeds credited to the member’s Fund. OP does not currently accept contributions of cryptocurrency, private stock, or other complex assets.
There is no minimum contribution required to open a Fund during the pilot stage. A Fund must maintain a balance of at least $100. Members may establish recurring contributions through bank transfer or card. Contributions from third parties are permitted, but tax receipts are issued to the originating donor.
Investment Options
Fund assets may be invested in one of several investment pools approved by OP. The current list of investment pools is maintained at https://www.original-position.org/DAF/portfolios. OP may modify the list of available pools at any time.
Members may recommend changes to their Fund’s investment pool no more than once per month. If no election is made, contributions will be invested in the Basic ESG Index Fund Pool by default.
Investment recommendations are subject to OP’s review, and OP retains ultimate authority and control over all investments. Investments may gain or lose value. OP does not guarantee investment performance and is not liable for any diminution in value.
Grants
Members may recommend grants from their Fund to organizations that are recognized as U.S. 501(c)(3) public charities or churches in good standing with the IRS. OP verifies the status of all recommended recipients before approving grants.
The minimum grant recommendation is $10. OP endeavors to process approved grants within thirty (30) days. Members may choose whether their names are disclosed to recipient organizations or remain anonymous.
Grant recommendations may not be used to satisfy pre-existing pledges, provide more than incidental benefits to the donor or related persons, support lobbying or political activity, or benefit individuals. Prohibited uses include tuition, gala tickets, memberships with significant benefits, political contributions, and auction purchases.
All grant recommendations are subject to OP’s review and approval. OP retains variance power, the final legal authority to approve or deny grant recommendations.
Fees and Costs
During the pilot stage, OPDAF does not charge administrative fees. Members are invited to contribute voluntarily to support operations under a “donate what you wish” model. OP may introduce a standard fee schedule in future.
Dormancy and Legacy
If no grants are made from a Fund for two consecutive years, OP will attempt to contact the member. If the Fund remains inactive for an additional year, OP may, at its discretion, transfer the balance to OP’s General Charitable Fund.
Members may designate a successor advisor (age 18 or older) or a charitable beneficiary. Upon the death of the member, advisory privileges transfer to the successor advisor or, if none is designated, the balance of the Fund is distributed to the charitable beneficiary. If neither a successor nor a beneficiary is designated, the remaining assets will be transferred to OP’s General Charitable Fund.
Termination
Members may request to close their Fund at any time by submitting final grant recommendations. If an account is closed and a balance remains, OP will distribute the remainder to OP’s General Charitable Fund. OP may also terminate accounts that violate this Agreement and direct remaining balances to the General Charitable Fund.
Asset Segregation and Insolvency
Contributions to OPDAF are irrevocable charitable gifts to OP and are maintained in segregated accounts designated for charitable distribution. These assets are accounted for separately from OP’s operating funds and are not intended to be used to satisfy OP’s liabilities or expenses. As required by U.S. law, however, OP retains legal control and discretion over all DAF assets. In the unlikely event of OP’s insolvency or dissolution, remaining DAF assets will be distributed exclusively for charitable purposes in accordance with IRS requirements.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming.
Contact
Questions about this Agreement may be directed to:
Original Position
30 N Gould St, Ste N
Sheridan, WY 82801, USA
info@original-position.org
https://www.original-position.org