the  m p w c Foundation,  inc. 

asset distribution
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Latest 2015 note (see Bad Times-Promises unkept and allocations webpages),  It is quite possible that the recent turn of events (mostly the Andy Blair tragedy which triggered the Restrictions referred to in the founders will have caused the below expectations of asset distributions to most San Miguel organizations to be amended so that the below form letter no longer is required.  

Together with the final dissolutions payments to the San Miguel organizations, the Founder leaves a proposed form letter that summarizes the on-going terms and instructions for the continued handling of the securities and funds that make up this payment for each such organization's "endowment".  A copy of the proposed letter is reproduced below for your use.  Rider and the ACLUF will LATER be sent a copy of this signed (as "terms accepted" by the Grantees) letter.  All of the other USA grantees will receive ONLY a brief transmittal letter and they are to have no future annual obligations of any sort required of them):

The Michael Paul Wein Charitable Foundation, Inc.

(insert Executor/Trustees mailing address here)

San Miguel de Allende, Gto., 37700 Mexico

(insert Date of sending)

To whom it may concern at (insert name of each individual SMA charitable organization),                     

Please be kind enough to have your executive officers read this letter (and each sign a copy of this letter and then return the signed copy to us, signifying your acceptance of its terms) prior to our distributing the securities and the cash noted below.   We will then transmit the below  securities and the money directly to a brokerage account that you have (by then) set up to receive this entire package as that is the ideal way to make this transfer most quickly and efficiently for both of our organizations.  It would also be the best way to control and record this distribution which will be the originating point that commences the later accounting (described below) for this distribution.                                    

1 – a check payable to you in the almost-final-amount of $xxx,xxx.xx, plus a listing of each of the individual securities and individual quantities and values that are being transferred to you totaling $xxx.xxx.xx in value on the day they were selected for transfer, will be distributed with a final letter (upon our receipt of your information regarding the new brokerage account).   A small final check may be sent to you later IF some additional dividends or other receipts applicable to the securities on the listing arrive later than on the day we transfer the securities.

2 – listed below are the links to various MPWCF webpages that will inform you regarding restrictions on the use of these assets and what you may or may not do with the distributed assets.

·        2a -  founders will especially points D and E on the page

·        2b - Our trustees especially point #14 on the page

·        2c - site map for MPWCF  a listing of many more specific pages that will aid you in understanding which pages explains what

3 – if a copy of the Michael Wein Trust Agreement was provided to you, you should read the details regarding "restrictions on the distribution discussed in point #1 above" as disclosed in Schedule C in its entirety and Schedule B, Clause #1 through #1c as well   If it was not received, then be absolutely sure to obtain this information from the Estate's executor.

Remember that the assets now being transferred are yours to keep provided you use only the income from them for current year’s operations.  The assets are to be held as a perpetual Endowment provided by our Foundation and should be allowed to grow to retain or exceed their initial value as adjusted to keep their total value comparable to accumulated inflation.  After receiving them, they must appear on your annual financial statements with the annual income from them shown on a separate line under "Receipts" with the description "Income from the MPWCFoundation Endowment Assets, as restricted" and the year-end value of the "MPWCFoundation Endowment Assets, as restricted" itself shown in the "Reconciliation" portion at the bottom of that same annual financial statement (see financials-example webpage).  In addition, all of the assets being transferred are forever restricted (in accordance with the points #2a, #2b, #2c, and #3 above and may, should you not fulfill the requirements outlined therein, be legally required to be transferred from your organization to the default organizations also described in the points specified above.   These "restrictions" (in a transparent summary form) should also be disclosed as a "Note" on the same annual financial statement (with comparable quantifying information applicable to each of the four "period" columns).

We expect that your compliance with our webpages for CONTINUITY and TRANSPARENCY will continue to work for your benefit as that was always their purpose and that the reason for any difference between your organization’s “maximum possible %” and Founder’s "latest % authorized (as shown on our allocations webpage) does not grow any greater, thereby costing you an even greater reduction in this Endowment as the years go by.  As a matter of fact, we hope that you instead reduce this difference by increasing your compliance with what should be our mutual desire for transparency and continuity.

Please remember that the default (ACLUF and Rider) organizations will be expecting your continued annual input in accordance with our Website, most particularly the templates webpage and its four underlying “due (date) links” so that they can judge whether or not you are complying and to judge whether or not they should institute action to have some or all of those assets transferred from any of you to them.   More about this appears on the website's afterwards page.

One new thing that you must do each year (in addition to all of the previous requirements shown on the templates webpage) is prepare an annual analysis of this Endowment (which you should have physically segregated in a separate brokerage account, separate from any other endowments you might have) which shows the beginning value (as well as a list of the individual assets, with each security’s then current value), any purchases shown at cost and any sales shown at net proceeds or any other transaction during the year just then ended, any income received that year, and any withdrawals for your organization's "mission" use that year, and then the mathematically calculated ending balance (again listing year-end assets, and each security’s ending value) valued at the end of the year so that you can calculate the “gain or loss in this year’s values (due to market price fluctuations) – and then reconciling and agreeing the above mathematical calculation to the totals of the specific ending assets.  This analysis should be provided to the two default organizations in accordance with the paragraph above.   This is further explained on the afterwards webpage and its related underlying pages, too.

With best wishes for your continued success in your stated mission,

 

(X) ________________________, Executor of the Michael Wein estate and Trustee of the Michael Wein Trust Agreement

TERMS ACCEPTED.    Acknowledgement of receipt of this letter AND the grantee organization's agreement to completely and forever comply with the provisions and restrictions it describes:

 

Signed by _________________________________________ Chief Executive of your organization

 

Signed by _________________________________________ Chief Financial Executive of your organization

 

Signed by _________________________________________ person who prepares the annual input sent to the MPWCF for your organization

 

Signed by _________________________________________ person who checks all of the annual input sent to the MPWCF for your organization

 

Xerox copies of the original letter AND the grantee's signed ("terms accepted") response are next to be sent to each of the two "default" organizations: Rider University and the American Civil Liberties Union Foundation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Underpromise and Overdeliver”

Some, but not all, pages on this web-site were selectively modified as recently as the date shown at the bottom of the MPWCFoundation home web-page. This entire web-site is copyrighted © 2000-2016 by The Michael Paul Wein Charitable Foundation, Inc  

QUESTIONS OR COMMENTS about this web-site? E-mail us at mpwcfoundation@gmail.com. SPECIFY EXACTLY (using copy and paste) (and include the page name, i.e., the URL link) what your question or comment refers to.