Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 610 - RULES GOVERNING THE SOLICITATION OF CONTRIBUTIONS › Part II - Rules Governing Charitable and Civic Organizations › Section 2VAC5-610-40 - Exemption from annual registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Documentation required for exemption
				  application. Any charitable or civic organization claiming exemption from
				  annual registration, pursuant to § 57-60 of the Code of Virginia , shall
				  file with the commissioner on a form prescribed by the commissioner, an
				  application for exemption from annual registration indicating the category of
				  the exemption claimed , with all questions answered, with required signatures,
				  and with all attachments required by Chapter 5 (§ 57-48 et seq.) of Title
				  57 of the Code of Virginia . The completed exemption application shall include
				  the following attachments:
1. Fee. A fee in
				  the amount prescribed in subsection C of § 57-60 of the Code of Virginia,
				  made payable to "Treasurer of Virginia";
2. Financial report. A copy of one of the
				  following:
a. For all organizations with
				  prior financial history:
(1) The completed IRS
				  Form 990, 990-PF, or 990-EZ, for the past fiscal year, with all schedules, as
				  required by the IRS, except Schedule B, and with all attachments, as filed with
				  the IRS. The form must be signed or , if the form is filed electronically with
				  the IRS, the organization must submit a copy of the IRS e-file signature
				  authorization ;
(2) Certified
				  audited financial statements for the past fiscal year; or
(3) If the organization's annual income
				  qualifies the organization to file Form 990-N with the IRS, a certified
				  treasurer's report for the past fiscal year;
b. For a newly organized charitable or civic
				  organization that has no financial history, a budget for the current fiscal
				  year shall be filed;
3.
				  Key personnel. A listing for the current fiscal year of the officers,
				  directors, trustees, and principal salaried executive staff officer, including
				  their names , addresses, and titles within the organization;
4. Contracts. A signed copy of all current
				  contracts with any professional fund-raising counsel and any professional
				  solicitor, as required in § 57-54 of the Code of Virginia;
5. Governing documents. Except as provided in
				  subdivision B 2 of this section, if the organization is incorporated, a copy of
				  the certificate of incorporation, articles of incorporation, and any subsequent
				  amendments to those documents ; if unincorporated, any governing
				  documents;
6. Bylaws. Except as
				  provided in subdivision B 2 of this section, a copy of the organization's
				  bylaws and any subsequent amendments to that document; and
7. Tax exemption. If the organization is
				  listed with the IRS as tax exempt, a copy of the IRS determination letter and
				  any subsequent notifications of modification ; if tax exempt status is pending,
				  a copy of the completed IRS application form as filed with the IRS.