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Legal Resources | Code of Regulations, Title 11 |  T11  300  

Chapter 4. Regulations Adopted Pursuant To The Supervision Of Trustees And Fundraisers For Charitable Purposes Act   

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(a) Every charitable corporation, unincorporated association, trustee or other person subject to the registration requirements of that act entitled the "Supervision of Trustees and Fundraisers for Charitable Purposes Act" (Article 7, Chapter 6, Part 2, Division 3, Title 2, of the Government Code commencing with Section 12580, hereafter "Act") shall file with the Attorney General a copy of the articles of incorporation and bylaws, trust agreement, decree of distribution or other instrument governing its operation, as provided below. Filing of the Initial Registration Form, the supporting documents required by that form, and the required registration fee of $25 shall constitute the initial registration. Required information and supplemental documents identified in the Initial Registration Form that are not available at the time of filing of the form may be submitted within ninety (90) days of submittal of the form.

(b) An Initial Registration Form and supplemental documents identified in that form shall be submitted to the Registry of Charitable Trusts. The Initial Registration Form shall require the following:

(1) Name of the organization (the name must be the legal name as stated in the organization's organizing instrument);

(2) Official mailing address of the organization;

(3) Federal employer identification number from the Internal Revenue Service;

(4) Federal employer identification group exemption number from the Internal Revenue Service (if applicable);

(5) If the organization is a corporation, the corporate or organization number from the Secretary of State. If the organization is unincorporated, the organization number assigned by the Franchise Tax Board upon application for California tax exemption;

(6) Names, addresses, and positions of all trustees or directors and officers;

(7) Attach or provide a statement fully describing the primary activity of the organization. (A copy of the material submitted with the application for federal or state tax exemption will normally provide this information.);

(8) If the organization is based outside of California, comment fully on the extent of activities in California and how the California activities relate to total activities. In addition, list all funds, property, and other assets held or expected to be held in California. Indicate whether you are monitored in your home state and, if so, by whom;

(9) If assets (funds, property, etc.) have been received, enter the date first received;

(10) Annual accounting period adopted (Fiscal Year or Calendar Year, and if fiscal year, state the date that is the end of the year);

(11) Attach your founding documents as follows:

(A) Corporations - Furnish a copy of the articles of incorporation and all amendments and current bylaws. If incorporated outside of California, enter the date the corporation qualified through the California Secretary of State's Office to conduct activities in California;

(B) Associations - Furnish a copy of the instrument creating the organization (bylaws, constitution and/or articles of association);

(C) Trusts - Furnish a copy of the trust instrument or will and decree of final distribution;

(D) Trustees for charitable purposes - Furnish a statement describing your operations and charitable purpose.

(12) State whether or not the organization has applied for or been granted Internal Revenue Service (IRS) tax exempt status. If yes, state or provide the following:

(A) Date of application for tax exemption and date of exemption determination letter;

(B) Under which subdivision of Internal Revenue Code section 501(c) the organization has applied for, or received, tax exempt status;

(C) Whether contributions to the organization are tax-deductible (if known);

(D) Attach a copy of the federal exemption determination letter issued by the IRS, if available; and

(E) Attach a copy of IRS Form 1023 "Application for Recognition of Exemption under Section 501(c)(3) of the Internal Revenue Code", if available;

(13) If your organization contracts with or otherwise engages the services of any commercial fundraiser for charitable purposes, fundraising counsel, or commercial co-venturer, provide the name, address, type of service provider and telephone number of the provider(s);

(14) Signature of officer, director, or trustee executing the Initial Registration Form, signed under penalty of perjury;

(15) Title of person signing the Initial Registration Form;

(16) Date of signature;

(17) Organization's telephone number;

(18) Organization's e-mail address;

(19) Organization's fax number; and

(20) Organization's website (if the organization has a website).

Authority cited:

Education Code 12584

Education Code 12585

Education Code 12586

Education Code 12587

Reference:

Education Code 12581

Education Code 12583

Education Code 12585

Education Code 12586

Education Code 12587

(Added Register 2007, No. 50.)