Section Jus 404.03 - Suspension of Annual Report Filing Requirement(a) Any charitable trust with the combined value of investments and revenues of less than $10,000 may submit a written application for suspension of the annual report filing requirement for up to 5 years if it meets the following requirements: (1) The charitable trust has in the previous 10 years been in compliance with all applicable laws and rules pertaining to charitable trusts, including, but not limited to, all registration and reporting requirements;(2) The charitable trust has filed in a timely and complete manner at least one annual report;(3) The charitable trust has not in the previous 3 years and will not during the period of the suspension engage fundraising counsel or a paid solicitor in connection with solicitation of money or other property from the public; and(4) The charitable trust has not in the previous 3 years and will not during the period of suspension engage in bingo or other charitable gaming activities.(b) Applications for the suspension of annual report filing requirements shall be submitted on Form NHCT-13 "Application to Suspend Annual Report Filing," effective September 2022, available online at www.doj.nh.gov/charitable-trusts/forms.htm. (c) Form NHCT-13 shall be signed by the president or treasurer of the governing board or a trustee if an express trust.(d) The charitable trusts unit shall suspend for a period of not more than 5 years the filing requirements of a charitable trust that meets the requirements in Jus 404.03(a) if the director of charitable trusts determines that the interests of any beneficiaries would not be prejudiced by the suspension and that periodic reports during the period of suspension are not required for the proper supervision by the charitable trusts unit.(e) During the period of suspension, the charitable trust shall:(1) Refrain from engaging fundraising counsel or paid solicitors in connection with its solicitation of money or other property from the public;(2) Refrain from operating bingo or engaging in other charitable gaming activities;(3) File an annual report for any year in which it holds investments or earned revenue aggregating more than $10,000; and(4) Notify the charitable trusts unit no later than 90 days prior to the dissolution of the charitable trust or the transfer of a major asset.(f) Any charitable trust granted a suspension under this section shall, at the end of the suspension period, file an annual report covering the entire period of the suspension.N.H. Admin. Code § Jus 404.03
Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13455, Effective 10/7/2022, Expires 10/7/2032