what organizations must register as charity with california attorney general

by Prof. Candace Sipes 6 min read

Every charitable corporation, unincorporated association, charitable trustee and other legal entities holding property for charitable purposes, must file with the Attorney General an initial registration form and other documents required by law.

Does a charity have to be registered?

All Charitable Incorporated Organisations (CIOs) must register with the Charity Commission, regardless of their annual income. CIOs do not formally exist as charities until they are registered.

What qualifies as a charitable organization?

A charitable organization is a nonprofit organization that seeks to advance some public benefit. Public benefit includes a broad range of areas such as education, poverty alleviation, scientific research, environment, diversity, religion, and health.

Who Must File RRF-1?

WHO MUST FILE A FORM RRF-1? Every charitable nonprofit corporation, association or trustee holding assets for charitable purposes that is required to register with the Attorney General's Office is also required to file Form RRF-1 annually.

Who regulates non profit organizations 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 are the 3 types of nonprofits?

There Are Three Main Types of Charitable Organizations

Most organizations are eligible to become one of the three main categories, including public charities, private foundations and private operating foundations.
Jun 4, 2018

What types of organizations are 501 C 4?

Types of Organizations Exempt under Section 501(c)(4)
  • Charitable Organizations.
  • Churches and Religious Organizations.
  • Private Foundations.
  • Political Organizations.
  • Other Nonprofits. Lifecycle of an Exempt Organization. Requirements for Exemption. Application for recognition of exemption.
Feb 17, 2022

Can I pay RRF-1 online?

The Fee Schedule is on the first page of Form RRF-1 & Instructions. It must be paid online using a checking account (ACH) at the time of online submission.

Do I have to file a 990?

An organization that normally has $50,000 or more in gross receipts and that is required to file an exempt organization information return must file either Form 990PDF, Return of Organization Exempt from Income Tax, or Form 990-EZPDF, Short Form Return of Organization Exempt from Income Tax.Jan 21, 2022

What forms does a nonprofit have to file in California?

Who must file
  • Exempt Organization Annual Information Return (Form 199) ...
  • California e-Postcard (FTB 199N) ...
  • Exempt Organizations Business Income Tax Return (Form 109) ...
  • Corporation Franchise or Income Tax Return (Form 100)
Dec 30, 2021

How do I form a nonprofit organization in California?

10 basic steps for starting a California nonprofit public benefit corporation:
  1. Determine the name of the corporation.
  2. Draft and file the articles of incorporation.
  3. Appoint the board of directors.
  4. Draft the bylaws and conflict of interest policy.
  5. Take the initial board actions.
  6. Obtain an employer identification number (EIN)

Who is required to report charitable organizations in California?

Charities operating in California are required to report to many different government agencies, including the Secretary of State, the Franchise Tax Board and the Attorney General's Registry of Charitable Trusts. The Attorney General has primary supervisory jurisdiction over charitable organizations to assure that their assets are used ...

How long does it take to register a charitable trust in California?

Every charitable corporation, unincorporated association, and trustee doing business in or holding property in California is required to register with the Attorney General's Registry of Charitable Trusts within 30 days of receiving charitable assets.

How long does it take to get a charitable corporation registration?

Under Government Code section 12585, initial registration must be filed within 30 days ...

What is the purpose of the Registry of Charitable Trusts?

The objective of the Registration Program is to review materials to determine which nonprofit organizations are required to register and report annually, and which organizations are exempt from registration and reporting requirements.

What is the purpose of the nonprofit registration program?

The objective of the Registration Program is to review materials to determine which nonprofit organizations are required to register and report annually, and which organizations are exempt from registration and reporting requirements.

What information is required for an unincorporated entity?

For unincorporated entities, bylaws, articles of association or articles of organization are required. The founding document should be signed and dated by the founders and contain organizational information such as, but not limited to: the charitable purpose and what will happen to the entity's assets should it dissolve.

How long does it take to file a charitable contribution?

Under Government Code section 12585, initial registration must be filed within 30 days of first receiving charitable assets. Assets include public donations, property, government grants, noncash donations, and/or any contribution of value. NOTE: after the initial registration, there are also annual registration renewal and reporting requirements.

What is the Attorney General's Registry of Charitable Trusts?

The Attorney General’s Registry of Charitable Trusts (Registry) regulates charities and other nonprofit organizations by administering the registration and reporting requirements in the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Gov. Code, § 12580 et seq.), and its regulations. The Registry does this through its various programs: Initial Registration, Registration Renewals, Delinquency, Dissolution, Commercial Fundraising, Raffles, Complaints, and Administrative. The Registry also maintains a searchable database for the public to research registered charitable organizations and fundraising professionals.

Can a charitable organization look to its insurance carrier to defend the action?

Whether the charitable organization can look to its insurance carrier to defend the action depends on the type of insurance coverage purchased. A “general liability” insurance policy may provide for legal assistance, but may exclude coverage for employment matters.

Can a charitable organization be refunded?

Even if the organization fails to be recognized as tax-exempt by the IRS, the funds must be used for charitable purposes and cannot be refunded to the donors.

Do charitable organizations pay taxes?

Even when a charitable organization’s revenue is exempt from paying federal and state taxes, the income paid to staff as wages generally are subject to taxes. As a result, when tax-exempt organizations pay their staff, they are obligated to report that income, and make tax and withholding payments to federal and state governments.

Is a charitable organization treated like any other employer?

Legally, a charitable organization is treated like any other employer . To promote evenhanded personnel practices and avoid misunderstandings with employees (which can lead to lawsuits), it is a best practice to put personnel policies in writing. The organization’s personnel policies should include policies pertaining to:

What is the purpose of the IRS review of charitable donations?

The goal of this review is to ensure charitable assets are not being diverted for private gain.

Can a nonprofit organization refuse to hire an applicant?

Under federal, state, and local law, a nonprofit employer may not refuse to hire an applicant , or treat an employee less favorably in the terms and conditions of employment, or terminate an employee, because of the race, color, religion, gender, gender identity, pregnancy, marital status, disabling condition, age, or national origin of the applicant or employee.

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.

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