Fenwick Community Fund

THE FENWICK COMMUNITY FUND IS A PUBLIC BENEFIT COMMUNITY FOUNDATION CREATED ON SEPTEMBER 1, 2021 FOR THE BROAD-BASED PUBLIC BENEFIT THAT PROMOTES COLLECTIVE GIVING TO ORGANIZATIONS ADVANCING IMPORTANT SOCIETAL ISSUES SUCH AS ACCESS TO JUSTICE, RACIAL AND ECONOMIC EQUITY, FOOD SECURITY, DISASTER RELIEF, AND SLOWING CLIMATE CHANGE.

THE FENWICK COMMUNITY FUND (FUND OR FCF) IS A PUBLIC BENEFIT COMMUNITY FOUNDATION CREATED ON SEPTEMBER 1, 2021 FOR THE BROAD-BASED PUBLIC BENEFIT OF RESIDENTS IN THE BAY AREA. THE FUND IS A MEMBERSHIP-BASED ENTITY. THE MEMBERS APPOINT THE FUNDS BOARD MEMBERS. AS OF AND DURING THE PERIOD ENDED DECEMBER 31, 2021, THE ONLY MEMBER IS FENWICK & WEST, LLP. SUBSTANTIALLY ALL THE DONATIONS RECEIVED INTO THE FUND WERE FROM PARTNERS OR EMPLOYEES OF FENWICK & WEST, LLP.THE FUND PROVIDES GRANTS TO OTHER NONPROFIT ORGANIZATIONS.THE FUND OPERATES A DONOR ADVISED FUND (DAF) PROGRAM. THE POLICIES OF THE DAF PROGRAM PERMIT FUTURE GRANTS FOR CHARITABLE PURPOSES WHILE MAXIMIZING THE DONORS CURRENT TAX BENEFITS. THE DONOR CONTRIBUTES MONEY OR SECURITIES TO THE FUND AND MAY THEN RECOMMEND GRANTS FROM THE FUND. EACH PARTNER OF FENWICK & WEST LLP CAN ESTABLISH A DAF FUND AT THE FUND. THE FUND ACCEPTS CONTRIBUTIONS OF CASH AND SECURITIES. THE FUND HAS THE AUTHORITY TO LIQUIDATE ANY CONTRIBUTION IN THE MANNER AND AT A TIME SELECTED IN ITS OWN DISCRETION. UNLESS OTHERWISE AGREED BETWEEN FCF AND THE DONOR, FCF IS NOT SUBJECT TO ANY RESTRICTION OR CONDITION WITH RESPECT TO LIQUIDATING ANY CONTRIBUTION, INCLUDING WITHOUT LIMITATION THAT THE CONTRIBUTION BE RETAINED FOR ANY LENGTH OF TIME PRIOR TO LIQUIDATION, THAT THE CONTRIBUTION BE LIQUIDATED OR NOT LIQUIDATED IMMEDIATELY, OR THAT THE CONTRIBUTION BE LIQUIDATED IN ANY PARTICULAR MANNER OR SEQUENCE. ALL CONTRIBUTIONS TO THE DAF PROGRAM ARE IRREVOCABLE GIFTS AND MUST BE MADE WITHOUT ANY DONOR RESTRICTIONS TO THE FUND. FCF HAS ULTIMATE DISCRETION AND CONTROL OVER ALL PROPERTY IN THE FUND. ALL CONTRIBUTIONS TO THE FUND ARE SUBJECT TO THE FUNDS VARIANCE POWER, WHICH MEANS THAT AT ALL TIMES THE FUND RETAINS FULL DISCRETION AND CONTROL AND THAT THE FUND IS NOT BOUND BY THE GRANT RECOMMENDATIONS OF ANY ADVISOR OR DONOR AS DEFINED.