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
THE COLLEGE OF WILLIAM & MARY FOUNDATION
Employer identification number
54-0734117
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.") ....
12,173,387
22,836,630
15,898,599
11,424,798
12,221,222
74,554,636
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..
12,173,387
22,836,630
15,898,599
11,424,798
12,221,222
74,554,636
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)..
12,370,299
6
Public Support. Subtract line 5 from line 4.
62,184,337
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..
12,173,387
22,836,630
15,898,599
11,424,798
12,221,222
74,554,636
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
5,362,521
6,075,318
5,802,357
2,386,955
3,944,609
23,571,760
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
24,814
138,348
163,162
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
2,258,655
2,545,726
2,735,303
2,836,576
3,048,050
13,424,310
11
Total support (Add lines 7 through 10).
111,713,868
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
2,594,359
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
55.660 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
52.870 %
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, PART IV, SUPPLEMENTAL INFORMATION: PART II, LINE 10: THE AMOUNTS INCLUDED ON LINE 10 FOR OTHER INCOME ARE AS FOLLOWS: INCOME ON FUNDS HELD IN TRUST BY OTHERS: 13,369,278 OTHER INCOME: 55,032
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
THE COLLEGE OF WILLIAM & MARY FOUNDATION
Employer identification number
54-0734117
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
DONALD G. OWENS AND CARROLL W. OWENS, JR. - FAMILY RELATIONSHIP
FORM 990, PART VI, SECTION A, LINE 3
THE EXECUTIVE COMMITTEE MAY EXERCISE THE FULL POWER AND AUTHORITY OF THE BOARD OF TRUSTEES BETWEEN MEETINGS OF THE TRUSTEES EXCEPT WHERE LIMITED BY THE ARTICLES OF INCORPORATION, BYLAWS, OR LAWS OF THE COMMONWEALTH OF VIRGINIA. THE AUDIT COMMITTEE HAS AUTHORITY TO APPOINT INDEPENDENT AUDITORS, AND THE INVESTMENTS COMMITTEE HAS AUTHORITY TO HIRE/FIRE INVESTMENT MANAGERS FOR THE WILLIAM AND MARY INVESTMENT TRUST (A GRANTOR GROUP TRUST FOR WHICH THE FOUNDATION SERVES AS TRUSTEE AND HOLDS AN 88.0% INTEREST.)
FORM 990, PART VI, SECTION A, LINE 4
BYLAWS WERE CHANGED AS FOLLOWS: CHANGED RESPONSIBILITY FOR APPROVAL OF BUDGET TO FULL BOARD (PREVIOUSLY RESPONSIBILITY OF EXECUTIVE COMMITTEE.)
FORM 990, PART VI, SECTION A, LINE 7A
THE VIRGINIA INSTITUTE OF MARINE SCIENCE FOUNDATION, THE MARSHALL-WYTHE SCHOOL OF LAW FOUNDATION AND THE WILLIAM AND MARY BUSINESS SCHOOL FOUNDATION EACH APPOINT ONE EX OFFICIO VOTING MEMBER OF THE COLLEGE OF WILLIAM & MARY FOUNDATION'S BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION B, LINE 10B
IN ORDER TO MONITOR ACTIVITIES OF CWMF VENTURES, LLC, A DISREGARDED ENTITY, A MEMBER OF THE BUDGET AND FINANCE COMMITTEE OF THE BOARD OF TRUSTEES IS ASSIGNED RESPONSIBILITY TO PROVIDE REGULAR REPORTS TO THE COMMITTEE.
FORM 990, PART VI, SECTION B, LINE 11
THE FOUNDATION PROVIDED A COPY OF FORM 990 TO THE GOVERNING BODY BEFORE IT WAS FILED. PRIOR TO FILING FORM 990, THE FOUNDATION'S DIRECTOR OF FINANCE/CONTROLLER, ASSISTANT SECRETARY AND THE COLLEGE OF WILLIAM & MARY'S VICE PRESIDENT FOR FINANCE (A NON-VOTING EX OFFICIO MEMBER OF THE BOARD OF TRUSTEES) REVIEW A DRAFT OF THE FORM. THE DIRECTOR OF FINANCE/CONTROLLER AND ASSISTANT SECRETARY THEN REVIEW THE FINAL VERSION PRIOR TO SIGNING.
FORM 990, PART VI, SECTION B, LINE 12C
ANNUAL DISCLOSURES ARE REVIEWED FOR POSSIBLE CONFLICTS, WHICH ARE ADDRESSED IN THE MANNER OUTLINED IN THE CONFLICT OF INTEREST POLICY. MATTERS RAISED EITHER PRIOR TO OR DURING A MEETING OF THE BOARD OR ANY COMMITTEE ARE ADDRESSED AT THAT TIME. THE POLICY COVERS BOARD MEMBERS AND KEY STAFF MEMBERS. VOTING BOARD MEMBERS ARE RESTRICTED FROM VOTING ON MATTERS IN WHICH THEY MAY HAVE A CONFLICT, AND ARE EXCUSED FROM MEETINGS WHEN A VOTE IS TAKEN. DETERMINATION OF WHETHER A CONFLICT EXISTS IS MADE AT THE COMMITTEE OR BOARD LEVEL, BASED ON AUTHORITY TO TAKE ACTION.
FORM 990, PART VI, SECTION B, LINE 15B
THE ORGANIZATION DOES NOT HAVE ANY EMPLOYEES OF RECORD. ALL WORK IS PERFORMED BY EMPLOYEES OF THE COLLEGE OF WILLIAM AND MARY. THE ORGANIZATION MAY THEN REIMBURSE THE COLLEGE FOR ALL OR PART OF SALARY AND BENEFIT COSTS. THE SALARIES IN LINE 7 OF PART IX REFLECT COSTS FOR STAFF WHO PERFORM DUTIES RELATING TO FOUNDATION OPERATIONS. COMPENSATION IS GENERALLY ESTABLISHED WITHIN THE GUIDELINES OF THE COLLEGE, INCLUDING COMPARABLE MARKET DATA AS APPROPRIATE. COMPENSATION LISTED FOR THE ASSISTANT VICE PRESIDENT FOR INVESTMENT ADMINISTRATION REPRESENTS PAY FOR THAT POSITION, AND NOT PAY AS ASSISTANT TREASURER. COMPENSATION FOR THE CHIEF INVESTMENT OFFICER IS DETERMINED BY THE INVESTMENTS COMMITTEE, WHICH CONSIDERED A SURVEY OF COMPENSATION OF INDIVIDUALS IN SIMILAR POSITIONS AT SIMILAR ORGANIZATIONS.
FORM 990, PART VI, SECTION C, LINE 19
THE CONSOLIDATED FINANCIAL STATEMENTS OF THE ORGANIZATION AND ITS RELATED ENTITIES ARE MADE AVAILABLE UPON REQUEST. CONFLICT OF INTEREST POLICY AND GOVERNING DOCUMENTS ARE GENERALLY NOT AVAILABLE TO THE PUBLIC.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 38,952,417. CHANGE IN VALUE OF FUNDS HELD IN TRUST BY OTHERS 27,286,233. CHANGE IN VALUE OF INTEREST RATE SWAP 242,319. CHANGE IN VALUE OF SPLIT INTEREST AGREEMENTS 942,655. CHANGE IN CASH VALUE OF LIFE INSURANCE POLICIES 730,235. TOTAL TO FORM 990, PART XI, LINE 5: 68,153,859.
IDENTIFICATION OF RELATED ORGANIZATIONS TAXABLE AS A CORPORATION OR TRUST:
SCHEDULE R, PART IV
THE $138,348 ON SCHEDULE R, PART IV, REPRESENTS THE FOUNDATION'S SHARE OF UNRELATED BUSINESS TAXABLE INCOME FROM EARNINGS GENERATED BY THE WILLIAM AND MARY INVESTMENT TRUST (WAMIT.)
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.