Current through Register Vol. 56, No. 24, December 18, 2024
(a) Prior to
operating or commencing solicitation activities in this State, the following
charitable organizations, except those exempt from registration pursuant to
N.J.A.C.
13:48-3.3, or those required to file a long
form registration pursuant to N.J.A.C. 13:48-5, shall file a short form
registration statement with the Attorney General:
1. Charitable organizations or organizations
engaging in a charitable fund raising campaign that receive gross contributions
of at least $ 10,000, but not in excess of $ 25,000 during a fiscal year, if
all of their fund raising activities are performed by volunteers, members,
officers or persons who are not compensated for soliciting contributions.
However, if gross contributions should exceed $ 25,000, whether or not the
money is actually received by the charitable organization within the fiscal
year, the organization shall, within 30 days of reaching that figure, notify
the Division in writing that the organization will file a long form at the end
of the next fiscal year, as required by N.J.A.C. 13:48-5;
2. Fraternal, patriotic, social or alumni
organizations, historical societies, and similar organizations organized under
the provisions of Title 15 of the Revised Statutes or Title 15A of the New
Jersey Statutes, when solicitation of contributions is confined to their
membership and solicitation is performed by members of that
organization;
3. Persons requesting
any contributions for the relief of any individual, specified by name at the
time of the solicitation, if all of the contributions collected, without any
deductions whatsoever, are turned over to the named beneficiary; and
4. Any local post, camp, chapter or similarly
designated element, or a county unit of that element, of a bona fide veterans'
organization, which issues charters to the local elements throughout this
State, or to any veterans' organization chartered under Federal law or to any
service foundation of such an organization recognized in its bylaws.
(b) Information required for the
initial and renewal short form registration statement shall include the
following:
1. The name and street address of
the organization;
2. The name of
any independent paid fund raiser, fund raising counsel or commercial
co-venturer the charitable organization engaged during the most recent fiscal
year;
3. The purpose for which the
charitable organization is organized, as stated in the charitable
organization's charter, articles of organization, agreement of association,
instrument of trust, constitution or any other organizational instrument or
bylaws;
4. The purposes for which
the funds are raised;
5. A copy of
the organization's Internal Revenue Service Form 1023 filed by the charity and
the Internal Revenue Service Determination Letter;
6. The reason the charitable organization is
eligible to file a short form registration;
7. A complete copy of the charitable
organization's most recent Internal Revenue Service filing(s), including, but
not limited to, Form 990, Form 990EZ, Form 990PF and Form 990T (with schedule
A) if the organization filed any one or more of these forms during the most
recent fiscal year being reported. All schedules and statements shall be
included, except for Schedule B;
8.
A completed financial report;
9. A
statement whether the charitable organization has ever been denied registration
or had its registration revoked in this or any other jurisdiction along with a
list of those jurisdictions;
10.
The name, street address and telephone number of each officer, director and
trustee and each principal salaried executive staff employee and whether the
person has been adjudged liable in an administrative or civil action, or
convicted in a criminal action, involving theft, fraud or deceptive business
practices. For the purposes of this paragraph:
i. A plea of guilty, non vult, nolo
contendere or any similar disposition of alleged criminal activity shall be
deemed a conviction;
ii. "Each
principal salaried executive staff employee" shall be limited to no more than
the five most highly compensated employees in the organization; and
iii. A judgment of liability in an
administrative or civil action shall include, but not be limited to, any
finding or admission that the officer, director, trustee or principal salaried
executive staff employee engaged in an unlawful practice or practices related
to the solicitation of contributions or the administration of charitable
assets, regardless of whether that finding was made in the context of an
injunction, a proceeding resulting in the denial, suspension or revocation of
an organization's registration, consented to in an assurance of voluntary
compliance or any similar order or legal agreement with any state or Federal
agency;
11. A statement
whether:
i. The charitable organization is
authorized by any other state to solicit contributions and, if so, a listing of
the states in which authorization has been obtained;
ii. The charitable organization is or has
ever been enjoined or ordered to cease and desist in any jurisdiction from
soliciting contributions or has been found to have engaged in unlawful
practices in the solicitation of contributions or the administration of
charitable assets together with a listing of all such jurisdictions;
iii. The organization's registration has been
denied, suspended or revoked by any jurisdiction, together with a listing of
those jurisdictions and the reasons for that denial, suspension or revocation;
and
iv. The organization has
voluntarily entered into an assurance of voluntary compliance agreement or any
similar order or legal agreement with any jurisdiction or Federal agency or
officer together with an identification of the jurisdiction or Federal agency
or officer;
12.
Photocopies of any and all written documentation (such as a court order,
administrative order, judgment, formal notice, or written assurance) supporting
an affirmative response to (b)10 and 11 above; and
13. Any other information as may be requested
of the applicant.
(c) Any
material change in any information filed with the Attorney General shall be
reported in writing to the Attorney General within 10 business days of the
change.
(d) In addition to the
information required in (b) above, a parent organization filing registrations
for local units shall include in its initial filing the information required by
N.J.A.C. 13:48-6.
(e) A registrant
who is eligible to file a short form shall renew its registration at the end of
each fiscal year pursuant to
N.J.A.C.
13:48-4.2.
(f) A short form registration shall be signed
by two authorized officers, including the chief fiscal officer of the
organization, who shall certify that all information contained in the
registration statement is correct.