North Dakota Century Code Title 50. Public Welfare § 50-22-02. Registration of charitable organization

1. A charitable organization may not solicit contributions from persons in this state by any means unless, prior to a solicitation, there is on file with the secretary of state upon forms prescribed by the secretary of state a registration statement containing the following information:

a. Legally established name.

b. Name or names under which it solicits contributions.

c. Form of organization.

d. Date and place of organization.

e. Business telephone number.

f. Street and mailing address of principal office in this state, if any.

g. Name and address of the person having custody of books and records within this state.

h. Total compensation, including salaries, fees, bonuses, fringe benefits, severance payments, and deferred compensation, paid to employees by the charitable organization and all its affiliated organizations.

i. Federal and state tax-exempt status.

j. Denial at any time by any governmental agency or court of the right to solicit contributions.

k. Date on which accounting year of the charitable organization ends.

l. General purposes for which organized.

m. General purposes for which contributions to be solicited will be used.

n. Methods by which solicitation will be made.

o. Board, group, or individual having final discretion or authority as to the distribution and use of contributions received.

p. Amount of total contributions received during the accounting year last ended.

2. The registration statement filed by a charitable organization must include a registration fee of twenty-five dollars and a financial statement of the organization's operation for its most recent twelve-month period immediately preceding the filing of the first registration statement.  An initial registration filed by a charitable organization in July or August following the close of the annual reporting period described in section 50-22-04 is valid until September first of the subsequent year.  The registration continues unless revoked by a court of competent jurisdiction, by the secretary of state, or as provided in this chapter.  If a charitable organization fails to file a registration statement or other information required to be filed by the secretary of state under this chapter, or otherwise violates this chapter, the secretary of state, upon notice by certified mail to its last-known address, may deny or suspend the application for registration.  An adjudicative proceeding under this chapter must be conducted in accordance with chapter 28-32 unless otherwise provided in this chapter.  A notice required under this chapter or chapter 28-32 may be made by certified mail.  In the event of revocation, the secretary of state shall retain the registration fee.

3. An officer of the charitable organization must execute the registration statement and must certify that the registration statement has been executed pursuant to resolution of the board of directors or trustees, or if there be no such board, then by its managing group which has approved the content of the registration statement.  The executing officer also must certify that the board of directors or trustees, or if there be no such board, its managing group, have assumed, and will continue to assume, responsibility for determining matters of policy and have supervised, and will continue to supervise, the finances of the charitable organization.

4. If a chapter, branch, area office, or similar affiliate of a charitable organization is supervised and controlled by a parent organization located within or outside the state, the affiliate may file a registration statement on behalf of the parent organization in addition to or as part of its own registration statement or the parent organization may file a registration statement on behalf of the affiliate in addition to or as part of its own registration statement.


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