N.J. Admin. Code § 13:48-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:48-4.1 - Short form registration

(a) Prior to operating or commencing solicitation activities in this State, the following charitable organizations, except those exempt from registration pursuant to 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 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.

N.J. Admin. Code § 13:48-4.1

Amended by R.2006 d.432, effective 12/18/2006.
See: 38 N.J.R. 2632(a), 38 N.J.R. 5393(a).
In the introductory paragraph of (a), inserted "operating or"; in (a)1, substituted "that" for "which do not" preceding "receive" and inserted "of at least $ 10,000, but not"; in (b)1, inserted "street"; rewrote (b)2; in (b)9, deleted "and" from the end; added (b)10 through (b)12; and recodified former (b)10 as (b)13.
Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
In (a)4, inserted a comma following the first occurrence of "organization" and substituted "bylaws" for "by-laws"; in (b)2, (b)6, (b)9, (b)11i and (b)11ii, inserted "charitable"; rewrote (b)3, (b)5 and (b)7; in (b)11ii, inserted "or ordered to cease and desist"; in (b)11iv, substituted "Federal" for "federal" and "or Federal" for "of federal"; and in (f), deleted the last sentence.

Amended by 54 N.J.R. 782(a), effective 5/2/2022