the  m p w c Foundation,  inc. 

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This page attempts to summarize the most important, post-Founder-death, critical things that the Trustees MUST DO to maintain our mission and the health of this Foundation.   Remember to also observe all personal  Fiduciary (click and then see point #7 listed on the) trustee responsibilities.     Note - in March 2012, a decision was reached to dissolve this Foundation shortly after the Founder's death.   More about this can be found on the Correspondence (see March 15, 2012 - note #3) webpage, but the page you are now reading has been amended (including crossouts "to exclude") to include that 2012 fact about dissolution.

Our fiscal year runs from July 1st to June 30th and progresses step-by-step monthly through each year in the following chronological order:

The format for all items on this page is:  everything is listed in or for the MONTH that this should be done --- then, that is followed by an explanation of what you should do, with reference links (if any) to this website's applicable pages.

July - consider sending emails to any of our remaining current San Miguel grantees specifying any changes we made or expect to have made to either our website (refer the grantees to the subsequent changes page) or other instructions on how grantees are to process grant information this coming grant year.  For past and maybe even the most current prior examples of these emails, see the Eudora email mailbox "FDN-CURRENT grantees" on the MPWCF computer (to find this, open Eudora, then click on Mailbox, then click on FDN-CURRENT grantees which  you will find at the very end of a drop down list that comes up on "Mailboxes".  At present, effective November 2014, we have NO current San Miguel Grantees and therefore all of the July statement, prior to THIS sentence, is now crossed out (as in "crossed out").   

July - finish prior fiscal year's bookkeeping and then prepare MPWCF's financial statements and place statements on the internet (**). For an example of this,  see our financial statement

July - review the Foundation's own financial statements with a critical eye, and ascertain what, if any, changes in administrative direction must be pursued in the future.  One special challenge is the one regarding the endowment itself. The Trustees must make sure that the endowment does not deteriorate in value.  The amounts of value bequeathed by the Founder in the  years after his death must be kept intact (with average additional growth in value equal to inflation).  The "norm" should be calculated using the beginning value of the entire endowment as received from the Founder's Estate, added to by both income and net appreciation to date, and reduced by almost no overhead but mainly grants to Grantees that meet the IRS requirement of a minimum (defined under 2010 laws but updated for possible changes since 2010) of (at minimum) 5% of the value of the prior year's endowment).  The pre-dissolution grants will be the same as the prior year's (in any) grant to each Grantee.  And be aware that (after approximately two years subsequent to the Founder's death) a letter to each grantee (with copies sent also to the USA default grantees: ACLUF and Rider University) that precedes (or accompanies) the dissolution distributions must specify that the Endowment assets (both money and securities) distributed to each grantee must: 1) be perpetually kept segregated from the Grantee's other assets, 2) annually be accounted for separately (such as an item by item list of assets at the beginning of the year, a list of income from each such asset received during the year, a list of all other receipts and expenditures during the year, a list of all mission-type distributions -not exceeding the income from the endowment- by logically explained category, and a calculation of the gain or loss for that year in unrealized changes on the securities remaining in the Endowment portfolio at the end of that year -- then the resultant net total of those calculations of accounting categories must arithmetically EQUAL the item by item list of assets at the end of the year -- note that the listing of assets at the end of the year should include, for each item, the name of the asset, the number of shares, the "per-share" value on that specific year-end date for each asset, and the extension of the number of shares times the per-share value, all added up to arithmetically equal the same value calculated immediately previously in this paragraph).  This calculation (whether made by the Foundation while they still retain the assets, or made by the individual grantees on their individual portions of the distributed endowment when they later receive the distribution - after about two years after the Founder's death) should be sent on by each (either the Foundation or the Grantees) to both of the USA default grantees, so that they can do their oversight work on this Endowment).  Should any such holder of any part of the Endowment NOT do their part, that part of the Endowment may be forfeited in accordance with the Founder's Trust Agreement (see founders will - point #d - restrictions on the use of the Endowment, detailed information near the entire bottom of that web-page).

August - start the process (to be completed ASAP, but certainly within 2 years, finishing prior to this Foundation's dissolution) of reading every important page of this website using our site map as a source.   You should read the TOP LEVEL pages shown as links at the top of each page using the buttons (links) shown on the Foundation home page (in the left to right, top row down to finish order shown) and then set about reading the sub-pages under each TOP LEVEL page as time allows.   Each of the 3 trustees should do this over this same period of time as too many subtleties otherwise would get missed.  An idea that could work well for all Trustees is to have each of the 3 Trustees read 1/3 of the web-pages during each 8 month period (on an alternating-between-them basis) so that during each 8-month period all webpages are read.  Each Trustee can then report to the other 2 Trustees anything that that Trustee discovered as having been overlooked previously.

August-September-October - prepare MPWCF's IRS Form 990ez and submit it to IRS.   For examples in previous years, see our previous Forms 990ez (recent copies of each year's Forms 990ez will also be on the MPWCF computer).  After completing Form 990ez, make sure that the "plan" for the following year includes computations for Form 990ez.  The reason I state this is that it is critical that any change (I don't today know the IRS laws that will apply after the time that I die and when the Endowment then increases so much, but I do know that the penalties for not observing any "new rules" will cost big fines and penalties and interest if you don't meet their regulations) in the MPWCF's status (total endowment, total grants, etc.) might bring you into a new status with new requirements.  Even in the last year of the Foundations existence, prior to its termination, this should be done and, in the year after the termination (see Form 990ez instructions) you will have to either (x) check off a box or otherwise note that the Foundation has been terminated and yet still show that last year's information.

November -  See due Oct 31st for its formatted expectations.   At present, now in November 2014, we have NO current San Miguel Grantees.   

December - prepare for our annual Trustees meeting by reading and completely understanding the trustees page. 

January - arrange with the other two MPWCF Trustees a convenient-to-all date for our annual meeting which can be set for some time around February 28th.   Send all  of  them email copies of last year's minutes, this year's financial statements, and this year's agenda.   A new idea, possibly in practice already, is to use Skype for "conference calls" to accomplish these meetings prior to the Foundation's dissolution.

January - Be especially vigilant to receive from each local SMA grantee a response to all of our last year's "comments" to see that each grantee is either doing what we ask OR at very least adequately and reasonably explaining why they are not.   See also due Nov1-Jan15 for its formatted expectations.  At present, November 2014, we have NO current San Miguel Grantees.   

January - See due Jan 31st for its formatted expectations.  The input due Jan 31st is the biggest quantity of input and is the most important of the three "inputs"   At present, November 2014, we have NO current San Miguel Grantees.   

February - prior to annual meeting, the Trustees are expected to review all input to assure themselves that all local SMA grantees (on which there are none as of November 2014) are following the requirements set out by the Founder over many years.   The instructions on this website and the resultant quality of grantee input must not be allowed to deteriorate, actually they must be encouraged to improve. Otherwise whichever (or all) of the SMA grantees that do not continue to meet our requirements may forfeit their shares to the "default grantees" (Rider and the ACLUF).  All of these requirements are specified on other web-pages, but the general concepts are most specifically spelled out on the founders will, legalities, Goals & Mission and beliefs pages .   Quite obviously, although all requirements on all web pages are very important, the following are the most important of them:
Complete Transparency as defined on the  transparency webpage is the most important thing for each Trustee to review for.  Any reader of any financial statement should not have any unanswered question after reading the financial statement.  He or she should KNOW what that organization is doing and how it is doing it.
Continuity as defined on the  continuity webpage.  The concept of Continuity is equal to Transparency and is this Foundation's reason for being, over and above the grants themselves.  We can say this only because we have seen reasons in the past to believe that each Grantee is fulfilling its mission but has yet to fulfill their promise to us to fulfill our goal and our mission.
All of what we expect of all grantees as shown on the due Jan 31st webpage (including all pages linked to that page)
We expect the transparent financial statement to disclose everything (and more, if necessary) shown on our financials-example and Disclosures pages.
Information from the Founder telling you his "most recent judgment of percentages of the total endowment", as discussed in "(note A)" of certified_grantees at the time of his death will be shown on the allocations webpage.  At present, November 2014, we have NO current San Miguel Grantees, only USA default Grantees (ACLU and Rider), neither of which are required to meet the requirements that were set out for our SMA Grantees..   
Although the replace founder page was written chiefly for the new Trustee who replaces the Founder, all new Trustees should read that page as well as the trustees page upon becoming a trustee.
Basically, all of the pages on the entire site map (but especially the supporting pages linked to each of the above pages.
A reading (or any understanding of the purposes) of the above requirements remains a necessary step in any eventualities, the following sentence notwithstanding: At present, November 2014, we have NO current San Miguel Grantees.

February - a workpaper to aid the processing of the review may or may not still be found in the MPWCF computer in the file named something like \mydocs\0foundn\grantees-all-active\statusSUMM-gy20xx.xls   Similarly named workpapers might also be found there.   The reason for this review (as opposed to merely accepting the Founder's "most recent judgment ..." on the allocations webpage is that there is a strong possibility that one or more of the SMA grantees will (as they have many times in the past) given efforts this current year that have deteriorated from past years.  In this case, you should take it upon yourself to REDUCE somewhat (based upon your judgment) the Founder's judgment percentages for this year's grants AND for the amount of the endowment to be passed on to the grantee at the time of the Foundation's termination.   At present, November 2014, we have NO current San Miguel Grantees.   The likely future is that this "no current SMA Grantees" status will remain as such from now on.

February - hold annual meeting of MPWCF Trustees and discuss all problems and discuss this year's grants.  Some things you must consider are:

the total grants to be given as it is important to keep the MPWCF's total endowment growing at about 2% a year (this includes net gains as well as dividends, less grants to be expended) so as to keep the endowment equal, at very least, to offsetting inflation costs.  Obviously, after and during a "down market", care must be taken so that the cumulative 2% requirement is "caught up again" and maintained cumulatively.  The 2% is merely an approximation of inflation and the real inflation factor over the preceding years should be used instead.
all trustees (whether or not all trustees review all grantees' input) should be very involved with the requirements of the Foundation.  They all have fiduciary responsibilities (see point #7 on the trustees webpage) so all Trustees must meet the Founder's requirements
At present, November 2014, we have NO current San Miguel Grantees.   Therefore, the grants that are normally distributed between February and June of each year, are to be distributed to USA default grantees subject to any changes necessitated by any court mandated results of the now contemplated court case of Michael Wein and/or The Michael Paul Wein Charitable Foundation, Inc VERSUS Andy Blair.

February - communicate the results of your intensive review of the grantees' recent input and send "comments" letters to all grantees, including one that says, only if applicable, something to the effect that nothing of significance was noted by the Trustee's Review.   See each grantee's Eudora email mailbox (on Michael Wein's main computer) for prior examples of this.  Even in the last year of the Foundation's existence, just prior to its termination, this should be done (and, also, copies of these letters to the SMA grantees should be sent to the USA default grantees for their followup next year).  At present, November 2014, we have NO current San Miguel Grantees.   

February - make copy of updated and approved MPWCF minutes and place a copy of them on the internet (**)

March - send the two default organizations (Rider and the ACLUF) by email copies of all documents described in the last paragraph of point #14-Restrictions on the Actions of Trustees as shown on the Our trustees webpage.   Even in the last year of the Foundations existence, prior to its termination, this should be done as they will have the followup duties themselves.  As a result of having no current San Miguel Grantees in March of any year, this MAY not be necessary any longer.

April - start paying grants to all grantees that have been approved for grants this year (but only after they respond appropriately to any "comments" that need be rectified for the current year (as opposed to the prior year or as opposed to suggestions for next year)).  Even in the last year of the Foundation's existence, prior to its termination, this should be done although THIS payment will be their percentage share of the entire Foundation endowment as directed on the allocations web-page.  And, of course, this payment will not be given to each Grantee until each Grantee completes the input process (as well as any comments that need be rectified before payment is made).

April - prepare and send (to their online website) the Texas annual franchise report.  Recent year's reports are most likely on Michael Wein's and/or the MPWCF's computer.  I think that a review of their instructions would be more in order in the year just finished prior to the Foundation's termination.

Things that must be done or considered IMMEDIATELY AFTER The Founder's DEATH
arrange for replacement of the Founder as a Trustee (his Executor will be the first and probably the only replacement).  At very least, check-signing authorizations and Board Meeting explanations (and minutes) must be considered and accomplished where necessary.
as this website is intended to never again be changed after the Founder's disability or incapacitation of death, arrange (in conjunction with his instructions on the subsequent changes page) to set up a new small website solely for "subsequent changes" from what remains published here on this website.  The new website should preferably be named www.mpwcf#2.org or something very similar and these two websites continued in existence merely as long as is necessary to complete both the dissolution AND any period for which referrals to it might be still necessary.
The checkwriting signatories (in accordance with the by-laws) must be changed immediately (as Michael Wein is currently the only signatory and by now you surely must have realized that he no longer can sign checks) in a Board Meeting AND the brokerage (bank) must be notified so that they will issue new checks for your use.
re-evaluate all current grantees (including current status of the grantees -- see certified_grantees and other underlying web-pages, especially allocations (which now takes precedence over "certified grantees"). At present, November 2014, we have NO current San Miguel Grantees.
read the following paragraph (starting with "figure out HOW to ...") and now that there may be NO remaining San Miguel grantees, perhaps little or none of the details of the following paragraph still apply.  However, if one or more of my siblings (note that only my sister Gloria remains alive as of February 2015) survive me, then the PSA provisions WILL be necessary, at least during their (her) remaining lives.
figure out HOW to distribute the stocks in the PSAs (see Michael Wein Trust Agreement for definition of PSA and the procedure for doing this) equitably to the Grantees upon later dissolution of the Foundation.  One way (a bad way) would be to sell all of them and convert them into cash. DEFINITELY DO NOT DO THAT  !!!!!!!!!!!. That thwarts my reason for getting the best yielding stocks available for both my siblings AND the Foundation (initially, but now also for the Grantees).  I know all grantees better than I should (considering!!!) and they are more likely to "invest" (even though most of them currently don't actually know how to invest - they generally "loan" to banks, etc., getting interest rates rather than dividends plus normal appreciation - these stocks for the most part are ones where the "total return" (especially in an endowment fund) should be greater than "interest" alone would pay them).  I would prefer that they (except for the USA grantees where cash is a better idea) keep the securities that I have selected for them instead of using my cash to buy other securities.  Oh, yes, I'd like them (if I don't already say so elsewhere in these "restrictions") to constantly remember that these securities are restricted so that if they sell or otherwise dispose of any security, they must almost simultaneously buy another security that meets the criteria that is stated on the trustees webpage in section #3 and #3A.
Under the current status (i.e, no SMA Grantees) at November, 2014, much of the above will not be necessary.  Instead, consider alternative instructions regarding disposal of marketable securities that I set forth in the following section of "things that must be done ... before dissolving ... this Foundation"
consider other things that I may have overlooked since I have never died before.

Things that must be done or considered IMMEDIATELY BEFORE dissolving (closing down or terminating) this Foundation
consideration should be given to the GRADUAL sale of all of the Foundation's marketable securities as follows.  As of November, 2014, only a small portion of the marketable securities that will be received directly from the Michael Wein estate will still be necessary.  The only remaining necessary securities of the securities (if any) still set aside for providing income to the siblings of Michael Wein who are still alive (and this will remain so until the death of both of them, at which time they can be either sold or used for the following purpose), and those securities that must be used to send as much as the allocations webpage allots to any specific SMA organization.  In either case, these securities should be the highest yielding securities received by the MPWCF from the Michael Wein estate. More about this "yield" subject may be found in the LOI&I-MW Trust Agreement.  The purpose in either case is to avoid re-investing using criteria not recommended by the Founder during his lifetime.  Other than the set-aside of some amount approximating 125% or so of the estimated value of what is still necessary for the two possible purposes described earlier in this paragraph, all securities and any other assets may be sold at market value to raise cash in anticipation of a later dissolution (although remember that such securities - at least as 2014 was about to end - still had higher yields and remaining potentials of additional capital gains than they would have had had they been converted into cash).   These sales should take place gradually over the two or more years depending upon then current market conditions but also take place in accordance with the recommendations shown on the trustees webpage (in Point #3).   Resulting cash proceeds should be then re-invested in fixed income availabilities such as safe short term maturity bonds or treasury bills and/or money market mutual funds.  When the time comes to make the final distributions as shown on the allocations webpage, the securities necessary to fulfill each of the (if either remain) two possible purposes described above should be used to pay that portion of the dissolution for which they were so designated and all other securities converted into cash so as to arrive at the final (prior to distribution) total Foundation assets available for distribution.  The allocations webpage table should then be used to distribute 100% of these final assets in the order of each category shown on that page.  Since money market funds will be used (after the sale of any short term maturity bonds and bills) to make the final distributions, additional earnings of a small amount will continue to be earned due to outstanding checks.  When ascertained, this small amount should be used to increase the payments to the final "executor's discretionary" category "J" on the allocations webpage.  Use of the spreadsheet file  in Michael Wein's computer files at "e:\mydocs\my-death\onMyOwn\calculateAllocations.xls" is available and is suggested to aid this final distribution.
provisions should be finalized (and then communicated to all grantees and to the two default USA grantees, as well) regarding the annual transmission of the SMA grantees'  annual input by email to the USA grantees in accordance with The Michael Wein Trust Agreement clauses discussing such transmissions after his death.  A copy of the applicable clauses should be included each year.  Please notice that I've commented (mostly in "July" above) upon the methods for the Annual Accounting for the Distributed Assets from the Dissolution of this Foundation.  At present, November 2014, we have NO current San Miguel Grantees, only USA Grantees.  According to the allocations webpage, these are the remaining SMA AND USA grantees and final distributions must be made solely in accordance with the instructions on this allocations page. 
Governmental organizations (at least IRS and Texas) must be sent the last of the annual reports that they require - read their individual instructions for any changes from the norm in submissions)
How and when to submit the last grant checks to each SMA (and USA) grantee as well as how and when to send the "share of the endowment" checks to each and lastly how and when to send the "very last" check to (who? - executor's choices!! ) for the small amount of money in the Money Market Mutual Fund bank account due to the small amount of income from the small balance on the outstanding checks sent just previously to this time.  Consult allocations for guidance as well as a form letter for the asset distribution (if such a letter - possibly edited down - is still necessary) for doing this.  You should also use a guiding file named e:\mydocs\mydeath\onmyown\calculateALLOCATIONS.xls to aid in the calculations to do this.   Also prepare to receive the Grantees NEW report next year of their "Report on Endowment", if this is still applicable.
send Atencion an accounting (if only a detailed summary) of the final distribution (to whom -  list grantee and amount) - and if this is more USA than SMA, you MUST quote the reasons for that as described on many of these webpages.  It is important to me that I don't look like a liar who did not do all and even more than what he promised but rather provide Atencion with reasons for what happened and a detailed analysis of what the Grantees did or did not do regarding Transparency and Continuity.   As I have said repeatedly, I wanted 100% of this Endowment to go to SMA grantees but for reasons that only each grantee knows best, and after years of first instruction followed by coddling and later specific and detailed hand-holding-type instructing, some of them just could not accept Transparency and Continuity as something beneficial to both them and all of their own constituencies (also see definition at  why this info and Goals & Mission and beliefs).  That lack of concern for what had been announced to them at the very beginning and in every year thereafter as being the MPWCF's own mission, although made known to each grantee as the most important requirement that is a major part of this entire program from the 1996 start (or 2001 incorporation), has been the Grantee's own undoing.
dissolution of the Foundation must be accomplished in accordance with Article #8 of the Foundation's Articles of Incorporation as shown on the Legalities page.
consider still other things that I may have overlooked since I never died before.

and PERIODICALLY - each Trustee individually and all as a group must also do the following:
review the entire MPWCF portion of http://www.mpwcf.org/index-mpwcf.htm (the MPWCF portion of this entire web-site) and all of its supporting pages, starting with the trustees page (read this page most often), and then its sub-pages (the underlying links), and finally all other MPWCF web-pages from time to time.
review and implement where necessary, any new or changes in old laws that govern the MPWCF (such as those from IRS about non-profit organizations, or the Texas non-profit laws, etc.)
review our initial Form 1023 application to IRS for non-profit status to see if any amendments must be made or reported to IRS
review our investments, but remember that the Founder stated specifically that trading or otherwise speculating in anything remotely like "portfolio turnover" is not a good idea.  He, and now we, believe in long-term investments in good long-term-history companies. Read more about this on the trustees page (especially see point #3 and #3a).  The best mix is a a lot of dividend paying stocks with some reasonable moderate growth prospects.   Absolutely NO "get rich quick" investments or speculations at all !!!.   Never, nunca, nein, no, verboten.
remember that the MPWCF was started originally as a "high percentage spent on our mission, and a low percentage of overhead" organization and has stayed as such during the Founder's lifetime.  Keep the Foundation's overhead expenses to an absolute minimum, preferably zero.
look at each grantee's attempts (and results) as suggested on both internal control and audit procedures as well as point #D3 on the ongoing requirements webpage.  At present, November 2014, we have NO current San Miguel Grantees.   
consider the possibilty of any other SMA organization re-vitalizing the loans to women project under circumstances that may have changed in the intervening years.
remember to renew our MAIN web-site hosting at 1&1Hosting.  We currently have an annual subscription that renews automatically.  And while they have the Founder's credit card number for automatic renewal, if he is deceased, they might REMOVE completely this web-site unless you renew  (OR CANCEL) early enough.  Remember that the Founder intentionally made the web-site unavailable to you or any others so that it won't change unless he so instructs.  SO RENEW EARLY ENOUGH so that it does not vanish.   I also hope to provide a .pdf file copy (and a .htm file copy is already provided in the \mydocs\my webs\mpwinsma directory) of each page of the web-site for the MPWCF's computer in the days or years before I die.  Each grantee (both in the USA and in San Miguel) should protect themselves by making a complete copy of the MPWCF portion of the website.

(**) to place this information on the internet, see "INSTRUCTIONS REGARDING ALL SUBSEQUENT CHANGES follow:" section near the bottom of the subsequent changes page of this web-site

Some other information:  There are some other web-pages, unlinked (and therefore "hidden") that you should read and become at least familiar with.  This is the LINK to them hidden.  In turn, they are also linked to other subordinate pages such as the following:

The TOP page (covering both of the below)   hidden

for the Trustees:  documents (mostly about David Bossman)

for my Executor:   LOI&Is for the MPWTrust Agreement and other Estate Documents

and also   more LOI&Is

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“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  

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