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
2012
Open to Public Inspection
Name of the organization
Access Group Inc
Employer identification number
23-2719985
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
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
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.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
0
0
0
0
0
0
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......
483,699,710
270,241,233
298,737,688
281,396,323
250,246,452
1,584,321,406
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
483,699,710
270,241,233
298,737,688
281,396,323
250,246,452
1,584,321,406
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public support (Subtract line 7c from line 6.)
1,584,321,406
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
483,699,710
270,241,233
298,737,688
281,396,323
250,246,452
1,584,321,406
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,868,170
925,621
1,774,712
2,688,061
3,901,980
11,158,544
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
1,868,170
925,621
1,774,712
2,688,061
3,901,980
11,158,544
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
122,733
267,154
428,087
817,974
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
0
13
Total support. (Add lines 9, 10c, 11, and 12.)..
485,567,880
271,166,854
300,635,133
284,351,538
254,576,519
1,596,297,924
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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
99.250 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
99.382 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.699 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0.599 %
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
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
2012
Open to Public Inspection
Name of the organization
Access Group Inc
Employer identification number
23-2719985
Identifier
Return Reference
Explanation
Change in Program Services
Form 990, Part III, Question 3
The Organization substantially ended its in-house loan servicing operations, contracting with a non-affiliated third party to perform such services. Notwithstanding this cessation, the organization retained certain delinquency servicing and default management activities in-house to most effectively assist its student loan borrowers in averting default, or if in default, successfully exiting default status.
Members or Stockholders
Form 990, Part VI, Line 6
Access Group, Inc. is a Delaware non-stock corporation. It is a membership organization whose "institutional" members or more specifically defined in its bylaws, are state-operated or otherwise federally tax-exempt law schools located in the United States that are accredited by the Council on Legal Education and Admissions to the Bar of the American Bar Association.
Members or Stockholders Who May Elect
Form 990, Part VI, Line 7a
Pursuant to the Organization's bylaws, the Board of Directors may consist of not more than thirteen directors. The institutional members elect the minimum number of directors necessary to constitute a majority of the total number of directors (the "Class A Directors"). The remaining directors (the "Class B Directors") are elected by the directors then serving.
Decisions Subject to Approval
Form 990, Part VI, Line 7b
The Organization's bylaws provide that the institutional members must approve the following actions of the board of directors: the revocation repeal, amendment, or modification of certain provisions of the bylaws and the revocation, repeal, amendment or modification of Article X of its Certificate of Incorporation, regarding distributions upon liquidation of the Organization. The Delaware General Corporation Law also provides that certain actions by the Board of Directors be approved by the voting members.
Form 990 Review Process
Form 990, Part VI, Line 11b
Form 990 was prepared by management in consultation with the organization's external tax accountants and attorneys. Pursuant to the provisions of its charter, the Audit Committee of the Board of Directors reviewed a draft of this Form 990 at a meeting prior to filing. A complete copy of this Form 990, including all required schedules, was provided to each of the organization's directors prior to its filing with the IRS.
Conflict of Interest Policy Monitoring & Enforcement
Form 990, Part VI, Line 12c
The Organization's conflict of interest policy requires each interested person (defined as the organization's directors, officers, and key employees) to disclose any financial interest (certain ownership interest or compensation arrangements) they may have in connection with a proposed transaction between the Organization and a third party. The Board of Directors will determine if such financial interest constitutes a conflict of interest and will employ the policy's procedures for addressing any such conflict. All interested persons provide a written certification annually affirming that they have received and understand the policy and agree to comply with it, and listing any conflicts, business relationships or family relationships that may give rise to a conflict. The Audit Committee of the Board considers all disclosed issues and management monitors and reports any actual or potential conflicts.
Process for Determining Compensation
Form 990, Part VI, Line 15a
The process for determining the compensation of the President and CEO of the Corporation is delegated by the Board of Directors to its Compensation and Benefits Committee, with such committee comprised of outside, independent Directors. It is the practice of the Compensation and Benefits Committee to review the performance of the Corporation's President and CEO periodically (generally on an annual basis) and to periodically engage a third-party, independent compensation consultant to establish the market compensation range for the position. This consultant generally establishes this range by identifying the compensation of a parallel position at comparable organizations and taking various factors into account, including but not limited to each applicable organization's industry, geographic region, size, and tax status. The Compensation and Benefits Committee reviews the information from its compensation consultant and any other relevant information, discusses such information outside of the presence of the President and CEO, and authorizes, on the record, any changes to such officer's compensation.
Process for Determining Compensation
Form 990, Part VI, Line 15b
Compensation of the Organization's other officers and key employees is determined in the same manner used for employees in general. The organization develops a chart of salary ranges based on market pay data (generally obtained periodically from a third party consultant) and a merit increase matrix. Employees receive annual performance reviews and the performance review rating for each employee is correlated with the employee's salary range and the merit increase matrix.
How Documents are Made Available to the Public
Form 990, Part VI, Line 19
The Organization's Certificate of Incorporation is a public document on file with the Delaware Secretary of State. The Organization does not make its bylaws and conflict of interest policy available to the public. Its audited financial statements for the past three years are available on its website.
Other Changes in Net Assets or Fund Balances
Part XI, Line 9
Loan Reserve Trust Income (16,413) Loan Reserve Trust Expense (3,570,187) ----------- TOTAL (3,586,600)
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.