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
NORTH CAROLINA BIOTECHNOLOGY CENTER
Employer identification number
56-1434024
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.") ....
13,461,635
15,892,245
20,999,279
16,827,777
20,217,004
87,397,940
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..
13,461,635
15,892,245
20,999,279
16,827,777
20,217,004
87,397,940
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)..
6
Public Support. Subtract line 5 from line 4.
87,397,940
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..
13,461,635
15,892,245
20,999,279
16,827,777
20,217,004
87,397,940
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,644,900
1,505,837
793,929
629,434
298,394
4,872,494
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..
89,217
252,477
202,806
-128,504
415,996
11
Total support (Add lines 7 through 10).
92,686,430
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
2,037,053
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
94.290 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
92.730 %
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
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
NORTH CAROLINA BIOTECHNOLOGY CENTER
Employer identification number
56-1434024
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 7A
CERTAIN BOARD MEMBERS OF THE ORGANIZATION ARE APPOINTED BY STATE INSTITUTIONS AND GOVERNMENTAL OFFICIALS.
FORM 990, PART VI, SECTION B, LINE 11
THE REVIEW AND FILING OF THE 990 HAS BEEN DELEGATED TO THE OFFICER ASSISTANT SECRETARY AND ASSISTANT TREASURER. A THOROUGH REVIEW IS CONDUCTED PRIOR TO FILING. A COMPLETE COPY OF THE FINALIZED RETURN IS SENT TO THE BOARD OF DIRECTORS BEFORE FILING.
FORM 990, PART VI, SECTION B, LINE 12C
NORTH CAROLINA BIOTECHNOLOGY CENTER REQUIRES ALL BOARD OF DIRECTORS AND OFFICERS OF THE ORGANIZATION TO COMPLETE A STATEMENT OF ECONOMIC INTEREST FORM EACH YEAR. THESE ARE DELIVERED TO OUR ATTORNEY/ADVISOR, PARKER POE, WHO REVIEWS THEM AND CREATES A CD FOR STORAGE/RECORD RETENTION. THESE ARE MAINTAINED IN FINANCE AND OFF-SITE INDEFINITELY. THROUGH THIS DOCUMENT, NORTH CAROLINA BIOTECHNOLOGY CENTER IS AWARE OF THE ASSOCIATIONS FOR ALL BOARD MEMBERS AND OFFICERS AND CAN MONITOR FINANCIAL TRANSACTIONS AND OTHER ACTIVITIES FOR POTENTIAL CONFLICTS OF INTEREST. IN EVENT OF A CONFLICT, THE BOARD MEMBER WITH THE CONFLICT WILL RECUSE THEMSELVES FROM THE DISCUSSIONS AND VOTE.
FORM 990, PART VI, SECTION B, LINE 15
THE NORTH CAROLINA BIOTECHNOLOGY CENTER HAS A SALARY STRUCTURE IN PLACE FOR THE PURPOSE OF ADMINISTERING, MANAGING AND ADJUSTING SALARIES. BASED ON BENCHMARK COMPARISONS TO THE SELECTED LABOR MARKET, JOBS ARE ASSIGNED TO SALARY LEVELS. THE SALARY STRUCTURE IS MADE UP OF OVERLAPPING PAY RANGES. THE SALARY STRUCTURE FOR THE NORTH CAROLINA BIOTECHNOLOGY CENTER CONSISTS OF 19 SALARY LEVELS NUMBERED FROM 21 - 39. EACH SALARY LEVEL CONSISTS OF A MINIMUM JOB RATE AND A MAXIMUM. THE MINIMUM IS THE LOWEST SALARY RATE THAT THE NORTH CAROLINA BIOTECHNOLOGY CENTER PAYS FOR AN EMPLOYEE WHO MEETS THE MINIMUM QUALIFICATIONS FOR A PARTICULAR JOB. THE JOB RATE IS THE COMPETITIVE SALARY RATE DETERMINED BY SALARY SURVEYS AND IS BASED ON THE MEDIAN SALARIES IN THE COMPETITIVE LABOR MARKET. IT IS THE CONTROL POINT OF THE SALARY STRUCTURE. THE MAXIMUM IS THE HIGHEST SALARY RATE APPLIED TO A PARTICULAR JOB AT THE NORTH CAROLINA BIOTECHNOLOGY CENTER. THE NORTH CAROLINA BIOTECHNOLOGY CENTER CONTINUALLY REVIEWS AND UPDATES JOB DESCRIPTIONS TO ENSURE THAT THE JOB DESCRIPTION AND THE JOB ITSELF ARE LINED UP APPROPRIATELY. IF THEY ARE NOT, THE SALARY GRADE FOR THE POSITION IS REVIEWED AND CHANGED ACCORDINGLY AND SO IS THE SALARY. WHEN CONSIDERING A SALARY FOR A NEW EMPLOYEE, THE NORTH CAROLINA BIOTECHNOLOGY CENTER USES A SALARY ALIGNMENT GUIDE WHICH CONSIDERS THE APPLICANT'S EDUCATION, DIRECTLY RELATED EXPERIENCE IN TERMS OF THE JOB DESCRIPTION, AND YEARS OF DIRECTLY RELATED EXPERIENCE. WHEN CONSIDERING EXECUTIVE POSITIONS, NCBC USES THE MOST RECENT SALARY SURVEYS FOR A SIMILAR POSITION IN THE OPEN MARKET AND BASED THE SALARY ON THE SALARY ALIGNMENT GUIDE AS WELL AS SIMILAR POSITIONS AT THE ORGANIZATION. THE DEVELOPMENT AND COMPENSATION COMMITTEE REVIEWS AND APPROVES COMPENSATION FOR SENIOR MANAGEMENT (PRESIDENT AND SENIOR VICE PRESIDENTS) AND BENEFIT PACKAGES AS A WHOLE. COMPENSATION DECISIONS ARE MADE BY THE COMMITTEE AND DOCUMENTED IN THE MEETING MINUTES.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION'S GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC UPON REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 149,392.
AUDIT COMMITTEE
FORM 990, PART XII, LINE 2C
THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS FOR THE NC BIOTECHNOLOGY CENTER WAS ESTABLISHED IN 1999 TO OVERSEE, REVIEW AND MONITOR THE CENTER'S ACCOUNTING AND INTERNAL CONTROLS. THE COMMITTEE IS COMPRISED OF A MINIMUM THREE MEMBERS APPOINTED BY THE CHAIRMAN OF THE BOARD OF DIRECTORS FOR A TWO-YEAR TERM. THE AUDIT COMMITTEE PERFORMS THE FOLLOWING FUNCTIONS: A) OVERSIGHT OF THE CENTER'S INTERNAL ACCOUNTING CONTROLS; B) SELECTION OF THE INDEPENDENT AUDITORS; C) REVIEW OF THE ANNUAL AUDIT PLAN WITH INDEPENDENT AUDITORS; D) REVIEW RESULTS OF THE ANNUAL AUDIT, FINANCIAL STATEMENTS, AND INTERIM FINANCIAL INFORMATION AS REQUIRED; E) REVIEW OF THE FORM 990 PRIOR TO SUBMISSION TO THE FULL BOARD.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.