Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
OHIO STATE BAR FOUNDATION
Employer identification number
31-6054093
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
167,202
176,660
92,756
154,678
619,326
1,210,622
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
167,202
176,660
92,756
154,678
619,326
1,210,622
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
2,273
6
Public Support. Subtract line 5 from line 4.
1,208,349
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
167,202
176,660
92,756
154,678
619,326
1,210,622
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
888,890
924,351
969,598
833,688
831,640
4,448,167
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
5,658,789
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
5,600
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
21.350 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
15.040 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
ALTHOUGH THE FOUNDATION DID NOT SATISFY THE 33-1/3 PERCENT-OF-SUPPORT TEST DESCRIBED IN REG. SEC. 1.170A-9T(F)(2), FOR THE REASONS DISCUSSED BELOW, THE FOUNDATION QUALIFIES AS A PUBLICLY SUPPORTED ORGANIZATION UNDER THE FACTS AND CIRCUMSTANCES TEST DESCRIBED IN REG. SEC. 1.170A-9T(F)(3).PERCENTAGE OF PUBLIC SUPPORT: TO BEGIN, THE FOUNDATION'S PUBLIC SUPPORT EXCEEDS THE "10 PERCENT OF TOTAL SUPPORT" TEST EXPLAINED IN REG. SEC. 1.170A-9T(F)(3)(I). SPECIFICALLY, THE FOUNDATION RECEIVED 21.35% OF ITS TOTAL SUPPORT FROM DIRECT OR INDIRECT CONTRIBUTIONS FROM THE GENERAL PUBLIC, A SIGNIFICANT INCREASE OVER THE PREVIOUS YEAR.ATTRACTION OF PUBLIC SUPPORT; SOURCES OF PUBLIC SUPPORT: THE FOUNDATION ALSO MEETS THE "ATTRACTION OF PUBLIC SUPPORT" TEST EXPLAINED IN REG. SEC. 1.170A-9T(F)(3)(II) BY MAINTAINING A CONTINUOUS AND BONA FIDE PROGRAM FOR THE ATTRACTION OF FUNDS FROM THE GENERAL PUBLIC AND CARRIES ON ACTIVITIES DESIGNED TO ATTRACT SUPPORT FROM ORGANIZATIONS DESCRIBED IN IRC SECTIONS 170(B)(1)(A)(I) THROUGH (VI), THE SCOPE OF WHICH IS REASONABLE IN LIGHT OF THE FOUNDATION'S ACTIVITIES. MOREOVER, THE FOUNDATION'S SUPPORT IS REPRESENTATIVE OF A NUMBER OF PERSONS AND DOES NOT COME FROM THE MEMBERS OF A SINGLE FAMILY IN SATISFACTION OF REG. SEC. 1.170A-9T(F)(3)(III)(B).GOVERNING BODY: THE FOUNDATION'S GOVERNING BODY IS REPRESENTATIVE OF BROAD PUBLIC INTERESTS, RATHER THAN THE PERSONAL OR PRIVATE INTERESTS OF A LIMITED NUMBER OF DONORS, AS COMTEMPLATED BY REG. SEC. 1.170A-9T(F)(3)(III)(C). THE MEMBERS OF THE BOARD OF TRUSTEES CONSIST OF INDIVIDUALS COMMITTED TO THE PURPOSES OF THE FOUNDATION AND EACH BRINGS SPECIAL KNOWLEDGE OR EXPERTISE TO THE ACTIVITIES CONDUCTED BY THE FOUNDATION.PUBLIC FACILITIES OR SERVICES: TO DATE, THE FOUNDATION'S ACTIVITIES INCLUDE DEVELOPING AND PRESENTING PROGRAMS DESIGNED TO PROMOTE PUBLIC UNDERSTANDING OF THE LAW AND IMPROVEMENTS IN THE JUSTICE SYSTEM THROUGHOUT OHIO. SUCH ACTIVITIES ARE A PUBLIC SERVICE WITHIN THE MEANING OF REG. SEC. 1.170A-9T(F)(3)(III)(D).FOR THE FORGOING REASONS, THE FOUNDATION SATISFIES THE "FACTS AND CIRCUMSTANCES" TEST OF REG. SEC. 1.170A-9T(F)(3) AND QUALIFIES AS A PUBLICLY SUPPORTED ORGANIZATION UNDER IRC SEC. 170(B)(1)(A)(VI).
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
OHIO STATE BAR FOUNDATION
Employer identification number
31-6054093
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 6
MEMBERSHIP IN THE OHIO STATE BAR FOUNDATION CONSISTS OF TWO DIFFERENT LEVELS OF MEMBERSHIP, VOTING AND NON-VOTING. VOTING MEMBERS INCLUDE CHARTER FELLOWS, LIFE FELLOWS, AND DISTINGUISHED LIFE FELLOWS. NON-VOTING MEMBERS INCLUDE SUPPORTING MEMBERS AND CONTRIBUTING MEMBERS. CHARTER FELLOWS - CHARTER FELLOWS MEMBERSHIP IN THE FOUNDATION IS A PROFESSIONAL HONOR. FELLOWS SHALL BE SELECTED BY THE BOARD OF TRUSTEES FROM THOSE MEMBERS OF THE OHIO STATE BAR ASSOCIATION WHOSE PROFESSIONAL, PUBLIC AND PRIVATE CAREERS DEMONSTRATE OUTSTANDING DEDICATION TO THE WELFARE OF THE COMMUNITY AND THE MAINTENANCE AND SUPPORT OF THE MAJOR OBJECTIVES OF THE FOUNDATION. ALL FELLOWS SELECTED BY THE BOARD OF TRUSTEES ARE REQUIRED TO PAY DUES. IN ADDITION TO THE FELLOWS SELECTED BY THE BOARD OF TRUSTEES OF THE FOUNDATION, THE FOLLOWING SHALL BE ELIGIBLE TO BE NOMINATED AS NON-DUE PAYING FELLOWS DURING THEIR TERMS OF OFFICE: OFFICERS AND MEMBERS OF THE BOARD OF GOVERNORS OF THE OHIO STATE BAR ASSOCIATION, DEANS OF AMERICAN BAR ASSOCIATION ACCREDITED LAW SCHOOLS, AND THE JUSTICES OF THE SUPREME COURT OF OHIO. ALL FELLOWS ARE VOTING MEMBERS OF THE OHIO STATE BAR FOUNDATION LIFE FELLOWS - FELLOWS WHO HAVE COMPLETED THE MINIMUM FELLOWS PLEDGE IN EFFECT AT THE TIME OF THEIR ACCEPTANCE AS A FELLOW IN ACCORDANCE WITH THE ANNUAL RATE ARE ELIGIBLE TO BE LIFE FELLOWS. EACH YEAR'S SERVICE AS A JUSTICE OF THE SUPREME COURT OF OHIO, OR AS A STAFF MEMBER OF THE OHIO STATE BAR ASSOCIATION OR THE FOUNDATION SHALL CONSTITUTE ONE YEAR'S MINIMUM ANNUAL CONTRIBUTION IN COMPUTING THE MINIMUM ANNUAL CONTRIBUTION REFERENCED ABOVE. THE BOARD OF TRUSTEES MAY ALSO NAME HONORARY LIFE FELLOWS. ALL LIFE FELLOWS ARE VOTING MEMBERS OF THE OHIO STATE BAR FOUNDATION. DISTINGUISHED LIFE FELLOWS - DISTINGUISHED LIFE FELLOWS ARE LEADERS AMONG LEADERS IN THE FOUNDATION. DISTINGUISHED LIFE FELLOWS ARE FELLOWS THAT HAVE COMPLETED THEIR INITIAL FELLOWS PLEDGE TO THE FOUNDATION AND HAVE CONTINUED THEIR FINANCIAL SUPPORT OF THE FOUNDATION THROUGH CONTRIBUTIONS TOTALING AT LEAST $2,500. ALL DISTINGUISHED LIFE FELLOWS ARE VOTING MEMBERS OF THE OHIO STATE BAR FOUNDATION. SUPPORTING MEMBERS - OHIO STATE BAR ASSOCIATION MEMBERS WHO CONTRIBUTE AN AMOUNT DETERMINED BY THE BOARD OF TRUSTEES OF THE FOUNDATION, BUT IN NO EVENT LESS THAN $100, TO THE FOUNDATION DURING A CALENDAR YEAR ARE DESIGNATED AS SUPPORTING MEMBERS OF THE FOUNDATION. SUPPORTING MEMBERS OF THE FOUNDATION HAVE NO VOTING RIGHTS AND ARE NOT VOTING MEMBERS OF THE OHIO STATE BAR FOUNDATION. CONTRIBUTING MEMBERS - OHIO STATE BAR ASSOCIATION MEMBERS WHO CONTRIBUTE AN AMOUNT DETERMINED BY THE BOARD OF TRUSTEES OF THE FOUNDATION, BUT IN NO EVENT LESS THAN $50, TO THE FOUNDATION DURING A CALENDAR YEAR ARE DESIGNATED AS CONTRIBUTING MEMBERS OF THE FOUNDATION. CONTRIBUTING MEMBERS OF THE FOUNDATION HAVE NO VOTING RIGHTS AND ARE NOT VOTING MEMBERS OF THE OHIO STATE BAR FOUNDATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE OHIO STATE BAR FOUNDATION HOLDS AN ANNUAL MEETING OF FELLOWS IN THE FALL OF EACH YEAR IN CONJUNCTION WITH THE FALL MEETING OF THE COUNCIL OF DELEGATES OF THE OHIO STATE BAR ASSOCIATION. AT THE ANNUAL MEETING OF FELLOWS (CHARTER FELLOWS, LIFE FELLOWS, AND DESIGNATED LIFE FELLOWS), THE FELLOWS ELECT TRUSTEES TO SERVE THREE-YEAR TERMS BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR FOLLOWING THEIR ELECTION. THE BOARD OF TRUSTEES THEN CONSISTS OF THE FOLLOWING: UP TO 15 TRUSTEES WHO HAVE BEEN ELECTED BY THE FELLOWS; THE PRESIDENT, PRESIDENT-ELECT, AND IMMEDIATE PAST PRESIDENT OF THE FOUNDATION; AND THE PRESIDENT AND PRESIDENT-ELECT OF THE OHIO STATE BAR ASSOCIATION. NOMINATION FOR THE TRUSTEES ELECTED BY THE FELLOWS IS COMPLETED BY THE NOMINATING COMMITTEE FOR TRUSTEES. THE NOMINATING COMMITTEE FOR TRUSTEES IS COMPRISED OF THE PRESIDENT OF THE OHIO STATE BAR ASSOCIATION AND THE PRESIDENT OF THE OHIO STATE BAR FOUNDATION ALONG WITH TWO FELLOWS APPOINTED BY THE PRESIDENT OF THE OHIO STATE BAR ASSOCIATION AND ONE FELLOW APPOINTED BY THE OHIO STATE BAR FOUNDATION. THE NOMINATING COMMITTEE THEN PREPARES A SLATE OF NOMINEES, ONE FOR EACH VACANCY THAT WILL EXIST AMONG THE ELECTED MEMBERS OF THE BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION A, LINE 7B
THE CODE OF REGULATION MAY BE ALTERED, AMENDED, OR REPEALED AND A NEW CODE OF REGULATIONS MAY BE ADOPTED, BY THE AFFIRMATIVE VOTE OF TWO-THIRDS OF THE TRUSTEES VOTING AT A REGULAR MEETING OR A SPECIAL MEETING CALLED FOR THAT PURPOSE, FOLLOWED BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE FELLOWS PRESENT AND VOTING AT ANY MEETING OF THE FELLOWS, PROVIDED THAT A DESCRIPTION OF THE PROPOSED ALTERATION, AMENDMENT, REPEAL, OR NEW REGULATIONS (WHICH MAY BE SET FORTH IN SUMMARY FORM) IS CONTAINED IN THE NOTICES OF SUCH MEETINGS.
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM. THE FORM 990 IS THEN REVIEWED BY UPPER MANAGEMENT, THE AUDIT AND FINANCE COMMITTEE, AND THE BOARD OF TRUSTEES PRIOR TO BEING FILED.
FORM 990, PART VI, SECTION B, LINE 12C
THE OHIO STATE BAR FOUNDATION REGULARLY AND CONSISTENTLY MONITORS AND ENFORCES COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY THROUGH ANNUALLY DISTRIBUTING A COPY OF THE CONFLICT OF INTEREST POLICY TO ALL OFFICERS, TRUSTEES, AND KEY EMPLOYEES. THESE INDIVIDUALS ARE THEN REQUIRED TO ANNUALLY SIGN A CONFLICT OF INTEREST STATEMENT.
FORM 990, PART VI, SECTION B, LINE 15A
THE OHIO STATE BAR FOUNDATION CONTRACTED TO HAVE AN EXTERNAL COMPENSATION STUDY COMPLETED FOR THE FOUNDATION. THIS COMPENSATION STUDY IS THEN USED BY THE ORGANIZATION IN THE PROCESS TO HELP DETERMINE THE COMPENSATION PACKAGE FOR THE EXECUTIVE DIRECTOR. THE BOARD OF TRUSTEES THEN APPROVES THE COMPENSATION PACKAGE OF THE EXECUTIVE DIRECTOR.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION DOES NOT MAKE ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 1,767,084.
AUDIT COMMITTEE
FORM 990, PART XII, LINE 2C
THE ORGANIZATION HAS AN AUDIT COMMITTEE THAT ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT AND SELECTION OF AN INDEPENDENT ACCOUNTANT. THE PROCESS FOR OVERSEEING THE AUDIT AND SELECTING AN INDEPENDENT ACCOUNTANT HAS NOT CHANGED FROM PRIOR YEARS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.