D.C. Mun. Regs. tit. 17, r. 17-705

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-705 - REQUIREMENTS FOR NONPROFIT CORPORATIONS FORMED BY SPECIAL ACT OF CONGRESS

705.1

This section applies to nonprofit corporations formed in the District of Columbia by a special act of Congress, except to the extent that a requirement of this section is in irreconcilable conflict with a provision of the special act of Congress.

705.2

A nonprofit corporation described in § 705.1 that elects to become subject to Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401et seq. (2011 Repl.) before January 1, 2014, shall file with the Superintendent:

(a) A copy of the corporation's congressional charter and any amendments thereto;

(b) A copy of a resolution adopted by the corporation electing to be subject to the Act; and

(c) A copy of the corporation's articles of incorporation, if any.

705.3

A nonprofit corporation that makes an election under § 705.2 shall:

(a) File a biennial report with the Superintendent by April 1, 2014; and

(b) File subsequent biennial reports every two (2) years following the first April 1 filing.

705.4

A nonprofit corporation described in § 705.1 that does not make an election to become subject to Chapter 4 (Nonprofit Corporations) of the Act (D.C. Official Code § 29-401et seq. (2011 Repl.) shall file with the Superintendent, no later than January 1, 2014, a statement containing the following:

(a) The corporation's name;

(b) The corporation's date of formation;

(c) The name and address of at least one (1) governor of the corporation;

(d) The name and address of the registered agent of the corporation; and

(e) A copy of the corporation's congressional charter and any amendments thereto.

705.5

A nonprofit corporation described in § 705.4 shall:

(a) File a biennial report by April 1, 2014;

(b) File subsequent biennial reports every two (2) years following the first April 1 filing; and

(c) Maintain a registered agent pursuant to D.C. Official Code § 29-104.04 (2011 Repl.).

705.6

If a nonprofit corporation described in § 705.1 fails to file a timely biennial report or fails to maintain a registered agent, as required by § 705.5, the Superintendent may administratively dissolve the corporation.

705.7

A nonprofit corporation described in § 705.6 that is administratively dissolved may apply for reinstatement subject to the requirements of D.C. Official Code § 29-106.03 (2011 Repl.); provided, that the nonprofit corporation files the documents required by § 705.2 and the biennial report required by § 705.3(a).

D.C. Mun. Regs. tit. 17, r. 17-705

Final Rulemaking published at 60 DCR 13139 (September 20, 2013)

Authority: Section 2 of the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009, effective July 2, 2011 (D.C. Law 18-378; D.C. Official Code § 29-101.05 (2011 Repl.)) and Mayor's Order 2011-178, dated October 25, 2011.