State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131F > GS_131F-6

§131F‑6.  Information required for licensure.

(a)        Initial InformationRequired. – The initial application for a license for a charitable organizationor sponsor shall be submitted on a form provided by the Department, signedunder oath by the treasurer or chief fiscal officer of the charitableorganization or sponsor, and shall include the following:

(1)        The name of thecharitable organization or sponsor, the purpose for which it is organized, thename under which it intends to solicit contributions, and the purpose for whichthe contributions to be solicited will be used.

(2)        The principal streetaddress and telephone number of the charitable organization or sponsor and thestreet address and telephone numbers of any offices in this State or, if thecharitable organization or sponsor does not maintain an office in this State,the name, street address, and telephone number of the person who has custody ofits financial records. The parent organization that files a consolidatedregistration statement under G.S. 131F‑7 on behalf of its chapters,branches, or affiliates shall additionally provide the street addresses andtelephone numbers of all of its locations in this State.

(3)        The names and streetaddresses of the officers, directors, trustees, and the salaried executivepersonnel.

(4)        The date when thecharitable organization's or sponsor's fiscal year ends.

(5)        A list ordescription of the major program activities.

(6)        The names, streetaddresses, and telephone numbers of the individuals or officers who have finalresponsibility for the custody of the contributions and who will be responsiblefor the final distribution of the contributions.

(7)        The name of theindividuals or officers who are in charge of any solicitation activities.

(8)        A financial reportfor the immediately preceding fiscal year upon a form provided by theDepartment. The report shall include the following:

a.         The balance sheet.

b.         A statement ofsupport, revenue, and expenses, and any change in the fund balance.

c.         Repealed by SessionLaws 1995 (Regular Session, 1996), c. 748, s. 1.3.

d.         A statement ofexpenses in the following categories:

1.         Program.

2.         Management andgeneral.

3.         Fund‑raising.

(9)        In substitution forthe information described in subdivisions (3), (4), (5), (6), and (8) of thissubsection, a charitable organization or sponsor may submit, at the time theapplication is filed, a copy of its Internal Revenue Service Form 990 andSchedule A filed for the preceding fiscal year, or a copy of its Form 990‑EZfiled for the preceding fiscal year.

(10)      A charitableorganization or sponsor may include a financial report which has been auditedby an independent certified public accountant or an audit with opinion by anindependent certified public accountant. In the event that a charitableorganization or sponsor elects to file this, this optional filing shall benoted in the Department's annual report submitted under G.S. 131F‑30.

(11)      A newly organizedcharitable organization or sponsor with no financial history shall file abudget for the current fiscal year.

(12)      A statementindicating all of the following:

a.         Whether or not thecharitable organization or sponsor is authorized by any other state to solicitcontributions.

b.         Whether or not thecharitable organization or sponsor or any of its officers, directors, trustees,or salaried executive personnel have been enjoined in any jurisdiction fromsoliciting contributions or have been found to have engaged in unlawfulpractices in the solicitation of contributions or administration of charitableassets.

c.         Whether or not thecharitable organization or sponsor has had its authority denied, suspended, orrevoked by any governmental agency, together with the reasons for the denial,suspension, or revocation.

d.         Whether or not thecharitable organization or sponsor has voluntarily entered into an assurance ofvoluntary compliance or agreement similar to that set forth in G.S. 131F‑24(c),together with a copy of that agreement.

(13)      The names, streetaddresses, and telephone numbers of any solicitor, fund‑raisingconsultant, or coventurer who is acting or has agreed to act on behalf of thecharitable organization or sponsor, together with a statement setting forth thespecific terms of the arrangements for salaries, bonuses, commissions,expenses, or other compensation to be paid the fund‑raising consultant,solicitor, or coventurer, and the amounts received from each of them, if any.

(14)      With initiallicensing only, when and where the organization was established, the tax‑exemptstatus of the organization, and a copy of any federal tax exemptiondetermination letter. If the charitable organization or sponsor has notreceived a federal tax exemption determination letter at the time of initiallicensing, a copy of the determination shall be filed with the Departmentwithin 30 days after receipt of the determination by the charitableorganization or sponsor. If the organization is subsequently notified by theInternal Revenue Service of any challenge to its continued entitlement tofederal tax exemption, the charitable organization or sponsor shall notify theDepartment of this fact within 30 days after receipt.

(b)        Renewal InformationRequired. – A license shall be renewed on an annual basis. The charitableorganization or sponsor shall submit any changes in the information submittedfrom the initial application. (1981, c. 886, s. 1; 1993(Reg. Sess., 1994), c. 759, s. 2; 1995 (Reg. Sess., 1996), c. 748, s. 1.3.)