§ 5-53.1-2 Registration of charitableorganizations. – (a) Every charitable organization, except as otherwise provided in §5-53.1-3, which acts, operates, transacts business in this state or whichintends to solicit contributions from persons in this state by any meanswhatsoever, shall, prior to any solicitation, file with the director upon formsprescribed by the department, the following information:
(1) The name of the charitable organization and the name ornames under which it intends to solicit contributions;
(2) The names and addresses where each can regularly be foundof the officers, directors, trustees, partners and senior level executiveemployees and, for a limited liability company or limited liabilitypartnership, also the members, partners and managers, for the charitableorganization, as the case may be, as well as the person or persons responsiblefor the day to day operations of the charitable organization;
(3) The addresses of the charitable organization and theaddresses of any offices in this state. If the charitable organization does notmaintain an office, the name and address of the person having custody of itsfinancial records;
(4) Where and when the charitable organization wasestablished, the form of its organization and its tax exempt status, if any,issued by the United States Internal Revenue Service;
(5) A general description of all the uses for which thecontribution to be solicited will be applied;
(6) The date on which the fiscal year of the charitableorganization ends;
(7) Whether the charitable organization is authorized by anyother governmental agency to solicit contributions and whether it or any of itspresent officers, directors, members (if a limited liability company),trustees, partners or the senior level executive employees are or have everbeen enjoined by any court from soliciting contributions or have been found bya final judgment to have engaged in unlawful practices regarding solicitationof contributions or administration of charitable assets and whether itsregistration or license has been suspended or canceled by any governmentalagency together with the reasons for the suspension or cancellation;
(8) The names and addresses of any professional fund raisersor fund raising counsels who are acting or have agreed to act in this state onbehalf of the charitable organization along with a copy of the contract for theservices;
(9) The charitable organization's most recent annual report,if any, in accordance with the requirements of § 5-53.1-4;
(10) The names and addresses of any chapters, branches,affiliates or other organizations that during the immediately preceding fiscalyear of the charitable organization share the contributions or other revenueraised in this state. Provided, that any contribution to another organizationwhich is merely transferred by or through a United Way, a federated fund, or anincorporated community appeal, which transferee organization is selected by thedonor, does not need to be included;
(11) The percentage of contributions received in theimmediately preceding fiscal year that was spent for fund raising and foradministration;
(12) A listing of the names and the compensation of thecharitable organization's five (5) most highly compensated individuals inexcess of the amount specified as requiring disclosure on United StatesInternal Revenue Service (IRS) Form 990 (or the appropriate successor form bywhatever name or number it may be called or designated), including, withoutlimitation, directors, officers, members (if a limited liability company),trustees, partners, employees or agents, for the immediately preceding fiscalyear, and the total number of individuals, including, without limitation,directors, officers, members (if a limited liability company), trustees,partners, employees, and agents of the charitable organization, earning annualcompensation in excess of the amount referred to above for the immediatelypreceding fiscal year;
(13) Whether any director, officer, member (if a limitedliability company), trustee, partner, employee or agent or senior levelexecutive employee of the charitable organization has been convicted of afelony, or pled nolo contendere to a felony charge, or is held liable in acivil action by final judgment if the felony or civil action involved fraud,embezzlement, fraudulent conversion or misappropriation of property; and
(b) A charitable organization shall be deemed to have met thefiling requirements in this section by submitting a copy or duplicate originalof IRS Form 990 (or the appropriate successor form by whatever name it may becalled); provided, that the organization responds to subdivisions (a)(3),(a)(7), (a)(8), (a)(11), and (a)(13) of this section.
(c) The registration form shall be signed under penalty ofperjury by two (2) authorized officials of the charitable organization, one ofwhom shall be a director or trustee.
(d) For filing the registration, the department shall receivea fee of ninety dollars ($90.00), to be paid at the time of registration.
(e) Registration under this section shall expire one yearfollowing the approval of the application by the department, unless thedirector prescribes a different period by rule or order. Re-registration shallalso be for a similar period of one year and may be effected by filing anapplication on forms prescribed by the director no later than thirty (30) daysprior to the expiration of the prior registration.
(f) Every registered charitable organization shall notify thedirector within thirty (30) days of any material change, of which it has actualknowledge, in the information required to be furnished by the charitableorganization under this section. For the purposes of this section, therequirement to notify the director of a material change applies only withrespect to subdivisions (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),(a)(9) and (a)(13) of this section.
(g) Registration statements, financial reports, professionalfund raisers' contracts, and all other documents required to be filed pursuantto this chapter shall become public records in the office of the director,except as may be otherwise specifically prohibited by this chapter or by theprovisions of chapter 2 of title 38.
(h) No charitable organization, professional fund raiser orfund raising counsel shall use or exploit the fact of registration, in anymanner whatsoever, so as to lead the public to believe that registration in anymanner constitutes an endorsement or approval by the state.
(i) The department may enter into reciprocal agreements withthe appropriate authorities of any other state or the United States for thepurpose of exchanging complaint and investigative information under thischapter.
§ 5-53.1-2 Registration of charitableorganizations. – (a) Every charitable organization, except as otherwise provided in §5-53.1-3, which acts, operates, transacts business in this state or whichintends to solicit contributions from persons in this state by any meanswhatsoever, shall, prior to any solicitation, file with the director upon formsprescribed by the department, the following information:
(1) The name of the charitable organization and the name ornames under which it intends to solicit contributions;
(2) The names and addresses where each can regularly be foundof the officers, directors, trustees, partners and senior level executiveemployees and, for a limited liability company or limited liabilitypartnership, also the members, partners and managers, for the charitableorganization, as the case may be, as well as the person or persons responsiblefor the day to day operations of the charitable organization;
(3) The addresses of the charitable organization and theaddresses of any offices in this state. If the charitable organization does notmaintain an office, the name and address of the person having custody of itsfinancial records;
(4) Where and when the charitable organization wasestablished, the form of its organization and its tax exempt status, if any,issued by the United States Internal Revenue Service;
(5) A general description of all the uses for which thecontribution to be solicited will be applied;
(6) The date on which the fiscal year of the charitableorganization ends;
(7) Whether the charitable organization is authorized by anyother governmental agency to solicit contributions and whether it or any of itspresent officers, directors, members (if a limited liability company),trustees, partners or the senior level executive employees are or have everbeen enjoined by any court from soliciting contributions or have been found bya final judgment to have engaged in unlawful practices regarding solicitationof contributions or administration of charitable assets and whether itsregistration or license has been suspended or canceled by any governmentalagency together with the reasons for the suspension or cancellation;
(8) The names and addresses of any professional fund raisersor fund raising counsels who are acting or have agreed to act in this state onbehalf of the charitable organization along with a copy of the contract for theservices;
(9) The charitable organization's most recent annual report,if any, in accordance with the requirements of § 5-53.1-4;
(10) The names and addresses of any chapters, branches,affiliates or other organizations that during the immediately preceding fiscalyear of the charitable organization share the contributions or other revenueraised in this state. Provided, that any contribution to another organizationwhich is merely transferred by or through a United Way, a federated fund, or anincorporated community appeal, which transferee organization is selected by thedonor, does not need to be included;
(11) The percentage of contributions received in theimmediately preceding fiscal year that was spent for fund raising and foradministration;
(12) A listing of the names and the compensation of thecharitable organization's five (5) most highly compensated individuals inexcess of the amount specified as requiring disclosure on United StatesInternal Revenue Service (IRS) Form 990 (or the appropriate successor form bywhatever name or number it may be called or designated), including, withoutlimitation, directors, officers, members (if a limited liability company),trustees, partners, employees or agents, for the immediately preceding fiscalyear, and the total number of individuals, including, without limitation,directors, officers, members (if a limited liability company), trustees,partners, employees, and agents of the charitable organization, earning annualcompensation in excess of the amount referred to above for the immediatelypreceding fiscal year;
(13) Whether any director, officer, member (if a limitedliability company), trustee, partner, employee or agent or senior levelexecutive employee of the charitable organization has been convicted of afelony, or pled nolo contendere to a felony charge, or is held liable in acivil action by final judgment if the felony or civil action involved fraud,embezzlement, fraudulent conversion or misappropriation of property; and
(b) A charitable organization shall be deemed to have met thefiling requirements in this section by submitting a copy or duplicate originalof IRS Form 990 (or the appropriate successor form by whatever name it may becalled); provided, that the organization responds to subdivisions (a)(3),(a)(7), (a)(8), (a)(11), and (a)(13) of this section.
(c) The registration form shall be signed under penalty ofperjury by two (2) authorized officials of the charitable organization, one ofwhom shall be a director or trustee.
(d) For filing the registration, the department shall receivea fee of ninety dollars ($90.00), to be paid at the time of registration.
(e) Registration under this section shall expire one yearfollowing the approval of the application by the department, unless thedirector prescribes a different period by rule or order. Re-registration shallalso be for a similar period of one year and may be effected by filing anapplication on forms prescribed by the director no later than thirty (30) daysprior to the expiration of the prior registration.
(f) Every registered charitable organization shall notify thedirector within thirty (30) days of any material change, of which it has actualknowledge, in the information required to be furnished by the charitableorganization under this section. For the purposes of this section, therequirement to notify the director of a material change applies only withrespect to subdivisions (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),(a)(9) and (a)(13) of this section.
(g) Registration statements, financial reports, professionalfund raisers' contracts, and all other documents required to be filed pursuantto this chapter shall become public records in the office of the director,except as may be otherwise specifically prohibited by this chapter or by theprovisions of chapter 2 of title 38.
(h) No charitable organization, professional fund raiser orfund raising counsel shall use or exploit the fact of registration, in anymanner whatsoever, so as to lead the public to believe that registration in anymanner constitutes an endorsement or approval by the state.
(i) The department may enter into reciprocal agreements withthe appropriate authorities of any other state or the United States for thepurpose of exchanging complaint and investigative information under thischapter.
§ 5-53.1-2 Registration of charitableorganizations. – (a) Every charitable organization, except as otherwise provided in §5-53.1-3, which acts, operates, transacts business in this state or whichintends to solicit contributions from persons in this state by any meanswhatsoever, shall, prior to any solicitation, file with the director upon formsprescribed by the department, the following information:
(1) The name of the charitable organization and the name ornames under which it intends to solicit contributions;
(2) The names and addresses where each can regularly be foundof the officers, directors, trustees, partners and senior level executiveemployees and, for a limited liability company or limited liabilitypartnership, also the members, partners and managers, for the charitableorganization, as the case may be, as well as the person or persons responsiblefor the day to day operations of the charitable organization;
(3) The addresses of the charitable organization and theaddresses of any offices in this state. If the charitable organization does notmaintain an office, the name and address of the person having custody of itsfinancial records;
(4) Where and when the charitable organization wasestablished, the form of its organization and its tax exempt status, if any,issued by the United States Internal Revenue Service;
(5) A general description of all the uses for which thecontribution to be solicited will be applied;
(6) The date on which the fiscal year of the charitableorganization ends;
(7) Whether the charitable organization is authorized by anyother governmental agency to solicit contributions and whether it or any of itspresent officers, directors, members (if a limited liability company),trustees, partners or the senior level executive employees are or have everbeen enjoined by any court from soliciting contributions or have been found bya final judgment to have engaged in unlawful practices regarding solicitationof contributions or administration of charitable assets and whether itsregistration or license has been suspended or canceled by any governmentalagency together with the reasons for the suspension or cancellation;
(8) The names and addresses of any professional fund raisersor fund raising counsels who are acting or have agreed to act in this state onbehalf of the charitable organization along with a copy of the contract for theservices;
(9) The charitable organization's most recent annual report,if any, in accordance with the requirements of § 5-53.1-4;
(10) The names and addresses of any chapters, branches,affiliates or other organizations that during the immediately preceding fiscalyear of the charitable organization share the contributions or other revenueraised in this state. Provided, that any contribution to another organizationwhich is merely transferred by or through a United Way, a federated fund, or anincorporated community appeal, which transferee organization is selected by thedonor, does not need to be included;
(11) The percentage of contributions received in theimmediately preceding fiscal year that was spent for fund raising and foradministration;
(12) A listing of the names and the compensation of thecharitable organization's five (5) most highly compensated individuals inexcess of the amount specified as requiring disclosure on United StatesInternal Revenue Service (IRS) Form 990 (or the appropriate successor form bywhatever name or number it may be called or designated), including, withoutlimitation, directors, officers, members (if a limited liability company),trustees, partners, employees or agents, for the immediately preceding fiscalyear, and the total number of individuals, including, without limitation,directors, officers, members (if a limited liability company), trustees,partners, employees, and agents of the charitable organization, earning annualcompensation in excess of the amount referred to above for the immediatelypreceding fiscal year;
(13) Whether any director, officer, member (if a limitedliability company), trustee, partner, employee or agent or senior levelexecutive employee of the charitable organization has been convicted of afelony, or pled nolo contendere to a felony charge, or is held liable in acivil action by final judgment if the felony or civil action involved fraud,embezzlement, fraudulent conversion or misappropriation of property; and
(b) A charitable organization shall be deemed to have met thefiling requirements in this section by submitting a copy or duplicate originalof IRS Form 990 (or the appropriate successor form by whatever name it may becalled); provided, that the organization responds to subdivisions (a)(3),(a)(7), (a)(8), (a)(11), and (a)(13) of this section.
(c) The registration form shall be signed under penalty ofperjury by two (2) authorized officials of the charitable organization, one ofwhom shall be a director or trustee.
(d) For filing the registration, the department shall receivea fee of ninety dollars ($90.00), to be paid at the time of registration.
(e) Registration under this section shall expire one yearfollowing the approval of the application by the department, unless thedirector prescribes a different period by rule or order. Re-registration shallalso be for a similar period of one year and may be effected by filing anapplication on forms prescribed by the director no later than thirty (30) daysprior to the expiration of the prior registration.
(f) Every registered charitable organization shall notify thedirector within thirty (30) days of any material change, of which it has actualknowledge, in the information required to be furnished by the charitableorganization under this section. For the purposes of this section, therequirement to notify the director of a material change applies only withrespect to subdivisions (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),(a)(9) and (a)(13) of this section.
(g) Registration statements, financial reports, professionalfund raisers' contracts, and all other documents required to be filed pursuantto this chapter shall become public records in the office of the director,except as may be otherwise specifically prohibited by this chapter or by theprovisions of chapter 2 of title 38.
(h) No charitable organization, professional fund raiser orfund raising counsel shall use or exploit the fact of registration, in anymanner whatsoever, so as to lead the public to believe that registration in anymanner constitutes an endorsement or approval by the state.
(i) The department may enter into reciprocal agreements withthe appropriate authorities of any other state or the United States for thepurpose of exchanging complaint and investigative information under thischapter.
