how to register non-profit with attorney general california

by Isaiah Heaney DVM 5 min read

Registering requires your nonprofit to file the state's application form (Form CT-1 Initial Registration Form) with the California Attorney General

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Kamala Devi Harris is an American lawyer and politician serving as the junior United States Senator from California since 2017. A member of the Democratic Party, she previously served as the 27th District Attorney of San Francisco from 2004 to 2011 and 32nd Attorney General of California f…

's Office Registry of Charitable Trusts and pay a filing fee. Copies of the following documents must be included with your application: articles of incorporation and all amendments

Full Answer

What are the legal forms of charitable organizations in California?

Initial Registration Submission Requirements. Complete and file Form CT-1 & Instructions, pdf. Initial registration fee (payable to Department of Justice) as specified on Form CT-1. Charitable Organization's Founding Documents. Founding documents would include Articles of Incorporation, Articles of Organization, Articles of Association, Trust ...

What are the registration requirements for a charitable organization?

File the initial registration form (Form CT-1) with the California Attorney General’s Registry of Charitable Trusts. The initial registration must be renewed annually, is required for the majority of nonprofit public benefit corporations, and must be filed within 30 days after receipt of assets. The CT-1 Form and Instructions are available online.

How do I register a nonprofit organization on the website?

Feb 13, 2020 · Every charitable nonprofit corporation, unincorporated association, charitable trustee, and other legal entities holding assets (cash or other forms of property) for charitable purposes, must file with the California Attorney General an initial registration form Form CT-1 and other documents required by law. The initial registration must be filed within 30 days of first …

Who needs to file with the Attorney General?

All registrants have a renewal fee based on total revenue. Remember to file Form RRF-1 with either Form CT-TR-1 or IRS Form 990 (EZ/PF). Initial Registration fee required from charity registration applicants on Form CT-1 updated to $50. Raffle Registration fee is updated on Form CT-NRP-1 to $30.

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What is the role of the Attorney General of California?

The Attorney General regulates charities and the professional fundraisers who solicit on their behalf . The purpose of this oversight is to protect charitable assets for their intended use and ensure that the charitable donations contributed by Californians are not misapplied and squandered through fraud or other means . The main elements of the Attorney General's regulatory program are:

Who regulates charities in California?

The Attorney General regulates charities and the professional fundraisers who solicit on their behalf. The purpose of this oversight is to protect charitable assets for their intended use and ensure that the charitable donations contributed by Californians are not misapplied and squandered through fraud or other means.

What is the purpose of the Attorney General?

The Attorney General regulates charities and the professional fundraisers who solicit on their behalf. The purpose of this oversight is to protect charitable assets for their intended use and ensure that the charitable donations contributed by Californians are not misapplied and squandered through fraud or other means. The main elements of the Attorney General's regulatory program are: 1 The attorneys and auditors of the Charitable Trusts Section investigate and bring legal actions against charities and fundraising professionals that misuse charitable assets or engage in fraudulent fundraising practices. If you have a complaint about a charity or fundraising professional, please visit our File a Complaint page. 2 The Registry of Charitable Trusts administers the statutory registration program. All charitable trustees and fundraising professionals are required to register and file annual financial disclosure reports with the Registry. In addition, nonprofit organizations that conduct raffles for charitable purposes are required to register and file an annual financial report.

What is a registry verification?

The Registry Verification Search tool allows a registrant's public filings to be viewed and downloaded from the Registry database. These public filings include a copy of the federal annual informational return (IRS Forms 990, 990-PF, and 990-EZ) initial and renewal registration forms and data (e.g. Forms CT-1, RRF-1), other documents that organizations are required to file with this office, and incoming and outgoing Registry correspondence. For help using our search tool and interpreting the results, please review Registry Verification Search Tips & Filing Status Definitions.

Do nonprofits have to file annual financial disclosures?

All charitable trustees and fundraising professionals are required to register and file annual financial disclosure reports with the Registry. In addition, nonprofit organizations that conduct raffles for charitable purposes are required to register and file an annual financial report.

How to register a charitable trust in California?

1. Determine the name of the corporation#N#2. Draft and file the articles of incorporation#N#3. Appoint the board of directors#N#4. Draft the bylaws and conflict of interest policy#N#5. Take the initial board actions#N#6. Obtain an employer identification number (EIN)#N#7. File the initial registration form with the California Attorney General’s Registry of Charitable Trust s#N#8. File the Statement of Information with the California Secretary of State# N#9. Apply for federal tax exemption with the Internal Revenue Service (IRS)#N#10. Apply for California tax exemption with the California Franchise Tax Board (FTB)#N#Bonus: Additional Resources

How many directors are needed for a nonprofit in California?

It is commonly recommended that nonprofits have between three and 25 directors.

What are the types of nonprofits in California?

There are three types of nonprofit corporations in California: public benefit, mutual benefit, and religious. A nonprofit public benefit corporation (the focus of this step-by-step guide) is the appropriate choice for a nonprofit formed for charitable or public purposes.

How long can you reserve a name in California?

You can also reserve a name for 60 days by mailing in a Name Reservation Request, which prevents another person from registering that corporation name with the California Secretary of State while it is reserved. You must also make sure the name does not infringe on another person’s trademark rights.

What is nonprofit corporation?

Determine the name of the corporation. A nonprofit is typically formed as a corporation and its name can be a valuable asset. A corporation’s legal name must be registered with the state where the corporation is formed.

Who signs the articles of incorporation?

The articles of incorporation are typically signed by an "incorporator," which can be just one person but may also be signed by the initial board of directors if they are named in the Articles. There is a template you can fill in and print on the Secretary of State’s website.

Do nonprofits have to have a conflict of interest policy?

Additionally, if a nonprofit does not have a conflict of interest policy, it must describe its policy regarding conflicts of interest in the IRS Form 1023. Accordingly, it would be advantageous for most nonprofits to adopt a policy.

Registration Requirement for Holding Assets for Charitable Purposes

Every charitable nonprofit corporation, unincorporated association, charitable trustee, and other legal entities holding assets (cash or other forms of property) for charitable purposes, must file with the California Attorney General an initial registration form Form CT-1 and other documents required by law.

Organizations Exempt from CT-1 Registration

Certain organizations, such as the following, are exempt from the Attorney General’s CT-1 registration requirements:

Annual Registration Renewal Requirement (RRF-1)

Every charitable nonprofit corporation, unincorporated association or trustee holding assets for charitable purposes that is required to register with the California Attorney General’s Office is also required to file an Annual Registration Renewal Fee Report ( RRF-1 ).

Extensions of Time to File Annual Renewal

Extensions of time for filing the RRF-1 will be allowed if an organization has received an extension from the IRS for filing the IRS Form 990, 990-PF, or 990-EZ.

Have More Questions? We Can Help!

If you are a tax-exempt organization and have questions regarding registration or annual renewal filings with the Attorney General’s office, please contact Jonathan Grissom, an attorney specializing in California nonprofits.

Charity & Charitable Trust Forms

Initial Registration Forms, Guides and Instructions#N#All entities that are required to register with the Attorney General's Registry of Charitable Trusts must file an initial registration package. See the Initial Registration page for the appropriate downloadable forms, guides, instructions and FAQs.

Professional Fundraiser Forms

Commercial fundraisers, fundraising counsels, and commercial coventurers must register and report annually. For an overview, including a webinar, see the Professional Fundraiser Home page. For the downloadable forms, instructions and FAQs, select the appropriate professional fundraiser type:

Complaint Form

Individuals who wish to file a complaint against a charity, nonprofit or other public benefit corporation may use the downloadable form, instructions and FAQs on the Complaints page

How to find a nonprofit in QuickBooks?

First, search for the nonprofit by selecting “Charity” from the Record Type drop-down menu and “Charity Registration” from the Registration Type drop-down menu. Enter the Organization Name, State Charity Registration Number, FEIN, Secretary of State or Franchise Tax Board Number of the organization you are looking for and then click on the Search button. From the Search Results screen, select the organization by clicking on the name. A new screen will open which displays the detail information for the selected organization. Under the section labeled Prerequisite Information, data will display for any fundraising events on the organization’s behalf. You can view the detail information for the event by clicking on the Registration No. link.

How to find a fundraising professional?

First, select “Fundraising Professional” from the drop-down menu labeled Record Type and enter as much of the name as you know. You can do a wild card search by placing an asterisk (*) before or after your search criteria. For example, if you know the name starts with “Da” but aren’t sure of the rest of the name, you can enter “Da*” and the results will return a list of fundraising professionals whose names start with “Da." Scroll through the search results to find the fundraising professional you are searching for. NOTE: The fundraising professional may be listed multiple times, once by Registration Type (i.e., commercial fundraiser, commercial coventurer, or fundraising counsel), and once or multiple times by Registration Type of fundraising event. Registration Status of Fundraising events is listed as Awaiting Reporting, Complete, Incomplete, or Rejected. Once you select a fundraising event to view (by clicking on the name) you will be directed to the detail information for the event.

What is an exempt religious organization?

Exempt - Religious - Status assigned to organizations that that have been determined as exempt as religious organizations and are not subject to registration and reporting requirements under the Supervision of Trustees and Fundraisers for Charitable Purposes Act.

What is the annual renewal information?

The section labeled Annual Renewal Information contains information from the annual financial report (Form RRF-1) submitted by the organization as part of its reporting requirements under the Supervision of Trustees and Fundraisers for Charitable Purposes Act. Information regarding the organization’s revenue and assets is also displayed in this section, with the most recent information appearing toward the bottom of the screen.

What does "suspended" mean?

Suspended - Status assigned to charity registrants whose registration status has been suspended as a result of failure to file some, or all, required annual reports. Charity registrants in Suspended status may not engage in any activity for which registration is required until they submit the required reports.

Who has oversight over nonprofits in California?

The Attorney General has oversight over foreign entities involved in the nonprofit sector in California. Foreign entities are organizations legally formed outside of California (i.e., in another state or country), which includes foreign nonprofit corporations, charitable trustees, and for-profit fundraising professionals. This oversight covers not only the Supervision of Trustees and Fundraisers for Charitable Purposes Act, but other California laws as well.

How long does it take to register a charitable trust?

Every charitable corporation, unincorporated association, and trustee must register with the Attorney General’s Registry of Charitable Trusts within 30 days after it initially receives property. Property includes more than just money, such as supplies, food, clothing, real property, stocks and bonds, and other tangible gifts. Thus, even if the charity has no

Why are volunteers important?

Volunteers and interns are a tremendous resource to the nonprofit sector. Because organizations frequently benefit from volunteer assistance in pursuing their missions, it is important that organizations understand the legal and practical differences between paid and unpaid personnel. The use of volunteers and interns entails a certain level of risk both to and from an organization, including labor law violations for misclassification of the worker as a volunteer or intern when the worker, in fact, qualifies as an employee under the law. Other issues may arise, such as liability of the volunteer or organization to third parties for acts committed by the volunteer, misappropriation by the volunteer of the organization’s tangible or intangible property, and unintended tax consequences for any benefits provided to the volunteer that are not exempt (e.g., living allowances or other in-kind benefits that do not qualify as de minimis fringe benefits excluded from tax).

What makes California so great?

What makes California great? The generous people who live here. Californians are big-hearted and charitable. We step up to help those in need, whether in response to natural catastrophes, man-made tragedies, or families struggling in our local communities. In 2017, charities operating in California reported receiving over $236 billion dollars in revenue.

How long does it take to file a RRF-1?

Form RRF-1 must be filed within four months and fifteen days after the end of the organization’s fiscal or calendar year. This generally coincides with the organization’s reporting requirements with the IRS and FTB. If the organization obtains an extension to file with the IRS, the Registry honors that extension.

When do you file 199N?

Form 199 or Form 199N must be filed on or before the 15th day of the fifth month following the close of an organization’s annual tax accounting period (i.e., May 15 for a calendar-year organization). Failure to file either form for three consecutive years results in loss of tax exemption. Also, late filings, or filing with incomplete information, may result in penalties.

Who has oversight over trusts?

The Attorney General has oversight jurisdiction over trusts that are created or hold assets for charitable purposes. More specifically, the Attorney General represents the public beneficiaries of charitable trusts, and not only has the right, but the duty, to protect charitable gifts and the public beneficiaries’ interests in charitable trusts.6

INITIAL FILING REQUIREMENTS TO BECOME CALIFORNIA NONPROFIT

Send to: Secretary of State, Business Entities, P.O. Box 944260, Sacramento, CA 94244-2600

ANNUAL FILING REQUIREMENTS TO MAINTAIN CALIFORNIA NONPROFIT

Note that the due date is 4 months and a half months after end of fiscal year. Charitable corporations organized and operated primarily as religious organizations, hospitals, or educational institutions are exempt from filing.

Initial California Charitable Solicitation Registration

Unless exempt, the State of California requires charitable corporations, fundraisers who solicit on behalf of charities, unincorporated associations, charitable trustees, and other legal entities holding property for charitable purposes to file an initial registration form (CA Form CT-1) with the Office Attorney General within 30 days after receiving charitable donations from California..

California Fundraising Registration Renewal

Charitable organizations, fundraisers soliciting on behalf of charities, unincorporated associations, and trustees doing business or holding property in California are required to renew their California charitable registration with the California Attorney General by filing the California Annual Registration Renewal Fee Report (Form RRF-1) along with their equivalent IRS Form 990 or new (Form CT-TR-1)..

What is tax exempt status?

11. If you have a charity or nonprofit, you may qualify for tax exemption. Tax-exempt status means your organization will not pay tax on certain nonprofit income. Your organization must apply to get tax-exempt status from us.

What does it mean to be tax exempt?

If you have a charity or nonprofit, you may qualify for tax exemption. Tax-exempt status means your organization will not pay tax on certain nonprofit income. Your organization must apply to get tax-exempt status from us.

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