State of the Nonprofit Regulatory Environment in WASHINGTON, D.C.

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 29-401.01 ;; 29-401-01

REGULATORY BODY: Not Specific

STATUTE TEXT: This chapter may be cited as the iNonprofit Corporation Act of 2010i. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Cross References Licenses to conduct bingo games, raffles, or Monte Carlo night parties, see ss 3-1323. Child abuse and neglect prevention childrenis trust fund, see ss 4-1341.06. Financial institutions, licensing of money lenders, icommunity development corporationi defined, see ss 26-910. Cable television, Public Access Corporation, formation, see ss 34-1229. Museum of the City of Washington, powers, see ss 39-303. Nonprofit healthcare entities, sale, lease, or exchange of assets with for-profit entities, see ss 44-603.

NOTES: Yes - District of Columbia Code Ann. § 29-401.01 et seq

Registration Office

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

NOTES: District of Columbia Department of Consumer and Regulatory Affairs: http://dcra.dc.gov/service/register-and-license-non-profit-organization

2 Notice, Filing or Review of Transactions

Sale of Assets

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

REPORTS-ASSETS-AG

REGULATORY BODY: Attorney General

NOTES: No

DC Code § 29-410.03 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) Property held in trust or otherwise dedicated to a charitable purpose shall not be diverted from its purpose by a transaction described in ss 29-410.01 or ss 29-410.02 unless the nonprofit corporation obtains an appropriate order from the Superior Court to the extent required by and pursuant to the law of the District on cy pres or otherwise dealing with the nondiversion of charitable assets. (b) A person that is a member or otherwise affiliated with a charitable corporation shall not receive a direct or indirect financial benefit in connection with a disposition of assets unless the person is a charitable corporation or an unincorporated entity that has a charitable purpose. This subsection shall not apply to the receipt of reasonable compensation for services rendered. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: DC ST § 29-410.03 (“Property held in trust or otherwise dedicated to a charitable purpose shall not be diverted from its purpose by a transaction described in § 29-410.01 or § 29-410.02 unless the nonprofit corporation obtains an appropriate order from the Superior Court”)

DC Code § 29-410.01 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: Approval of the members of a nonprofit corporation shall not be required, unless the articles of incorporation or bylaws otherwise provide, to: (1) Sell, lease, exchange, or otherwise dispose of any or all of the corporationis assets: (A) In the usual and regular course of its activities; or (B) If the corporation and its consolidated subsidiaries retain an activity that represented or was supported by at least 33% of total assets at the end of the most recently completed fiscal year; (2) Mortgage, pledge, dedicate to the repayment of indebtedness, whether with or without recourse, or otherwise encumber any or all of the corporationis assets, whether or not in the usual and regular course of business its [sic] activities; or (3) Transfer any or all of the corporationis assets to one or more corporations or other entities all of the memberships or interests of which are owned by the corporation. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Section References This section is referenced in ss 29-410.02 and ss 29-410.03.

DC Code § 29-410.02 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) Except as otherwise provided in the articles of incorporation or bylaws, a sale, lease, exchange, or other disposition of assets, other than a disposition described in ss 29-410.01, shall require approval of the nonprofit corporationis members. (b) A disposition that requires approval of the members under subsection (a) of this section shall be initiated by a resolution by the board of directors authorizing the disposition. After adoption of the resolution, the board of directors shall submit the proposed disposition to the members for their approval. The board of directors shall also transmit to the members a recommendation that the members approve the proposed disposition, unless the board of directors makes a determination that because of conflicts of interest or other special circumstances, it should not make such a recommendation, in which case the board of directors shall transmit to the members the basis for that determination. (c) The board of directors may condition its submission of a disposition to the members under subsection (b) of this section on any basis. (d) If a disposition is required to be approved by the members under subsection (a) of this section, and if the approval is to be given at a meeting, the nonprofit corporation shall give notice to each member, whether or not entitled to vote, of the meeting of members at which the disposition is to be submitted for approval. The notice shall state that the purpose, or one of the purposes, of the meeting is to consider the disposition and shall contain a description of the disposition, including the terms and conditions thereof and the consideration to be received by the corporation. (e) Unless the articles of incorporation or bylaws, or the board of directors acting pursuant to subsection (c) of this section, requires a greater vote, or a greater number of votes to be present, the approval of a disposition by the members shall require the approval of the members at a meeting at which a quorum exists, and, if any class of members is entitled to vote as a separate group on the disposition, the approval of each such separate voting group at a meeting at which a quorum of the voting group exists. (f) After a disposition has been approved by the members under subsection (e) of this section, and at any time before the disposition has been consummated, it may be abandoned by the nonprofit corporation without action by the members, subject to any contractual rights of other parties to the disposition. (g) A disposition of assets in the course of dissolution under subchapter XII of this chapter shall not be governed by this section. (h) The assets of a direct or indirect consolidated subsidiary shall be deemed the assets of the parent nonprofit corporation for the purposes of this section. (i) In addition to the approval of a disposition of assets by the board of directors and members as required by this section, the disposition shall also be approved in the form of a record by any person or group of persons whose approval is required under ss 29-408.40 to amend the articles of incorporation or bylaws. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Section References This section is referenced in ss 29-410.03.

Mergers

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

REPORTS-MERGER-AG

REGULATORY BODY: Attorney General

NOTES: No

DC Code § 29-409.06 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) After a plan of merger or membership exchange has been adopted and approved as required by this chapter, articles of merger or membership exchange shall be signed on behalf of each party to the merger or membership exchange by any officer or other duly authorized representative. The articles shall set forth: (1) The names of the parties to the merger or membership exchange; (2) If the articles of incorporation of the survivor of a merger or an exchanging nonprofit corporation are amended, or if a new corporation is created as a result of a merger, the amendments to the articles of incorporation of the survivor or exchanging corporation or the articles of incorporation of the new corporation; (3) If the plan of merger or membership exchange required approval by the members of a domestic nonprofit corporation that was a party to the merger or membership exchange, a statement that the plan was duly approved by the members and, if voting by any separate voting group was required, by each such separate voting group, in the manner required by this chapter and the articles of incorporation or bylaws; (4) If the plan of merger or membership exchange did not require approval by the members of a domestic nonprofit corporation that was a party to the merger or membership exchange, a statement to that effect; and (5) As to each foreign nonprofit corporation or eligible entity that was a party to the merger or membership exchange, a statement that the participation of the foreign corporation or eligible entity was duly authorized as required by the organic law of the corporation or eligible entity. (b) Terms of articles of merger or membership exchange may be made dependent on facts objectively ascertainable outside the articles in accordance with ss 29-401.04. (c) Articles of merger or membership exchange shall be delivered to the Mayor for filing by the survivor of the merger or the acquiring corporation or eligible entity in a membership exchange and take effect at the effective time provided in ss 29-102.03. Articles of merger or membership exchange filed under this section may be combined with any filing required under the organic law of any domestic eligible entity involved in the transaction if the combined filing satisfies the requirements of both this section and the other organic law. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: Mayor’s Office DC ST § 29-409.06; Court approval Property held in trust by an entity or otherwise dedicated to a charitable purpose, DC ST § 29-409.01

DC Code § 29-409.01 ;; index.html

REGULATORY BODY: Other

STATUTE TEXT: (a) For the purposes of this subchapter, the term: (1) iExchanging entityi means the domestic or foreign nonprofit corporation or eligible entity in which all of one or more classes of memberships or classes or series of eligible interests are to be acquired in a membership exchange. (2) iMembership exchangei means a transaction pursuant to ss 29-409.03. (3) iMergeri means a transaction pursuant to ss 29-409.02. (4) iParty to a mergeri or iparty to a membership exchangei means any domestic or foreign nonprofit corporation or eligible entity that: (A) Will merge under a plan of merger; (B) Will acquire memberships or eligible interests of another corporation or an eligible entity in a membership exchange; or (C) Is an exchanging entity. (5) iSurvivori in a merger means the corporation or eligible entity into which one or more other corporations or eligible entities are merged. A survivor of a merger may preexist the merger or be created by the merger. (b) Property held in trust by an entity or otherwise dedicated to a charitable purpose shall not be diverted from its purpose by a transaction under this subchapter unless the entity obtains an appropriate order of the Superior Court to the extent required by and pursuant to the law of the District on cy pres or otherwise dealing with the nondiversion of charitable assets. (c) Unless an entity that is a party to a transaction under this subchapter obtains an appropriate order of the Superior Court under the law of the District on cy pres or otherwise dealing with the nondiversion of charitable assets, the transaction shall not affect: (1) Any restriction imposed upon the entity by its organic documents that may not be amended by its governors, members, or interest holders; (2) Any restriction imposed upon property held by the entity by virtue of any trust under which it holds that property; or (3) The existing rights of persons other than members, shareholders, or interest holders of the entity. (d) A person that is a member, interest holder, or otherwise affiliated with a charitable corporation or an unincorporated entity with a charitable purpose shall not receive a direct or indirect financial benefit in connection with a transaction under this subchapter to which the charitable corporation or unincorporated entity is a party unless the person is itself a charitable corporation or unincorporated entity with a charitable purpose. This subsection shall not apply to the receipt of reasonable compensation for services rendered. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Section References This section is referenced in ss 29-409.07.

NOTES: Mayor’s Office DC ST § 29-409.06; Court approval Property held in trust by an entity or otherwise dedicated to a charitable purpose, DC ST § 29-409.01

Certificate of Amendments

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

REPORTS-AMMEND-AG

REGULATORY BODY: Attorney General

NOTES: No

DC Code § 29-408.06 ;; 29-408-06

REGULATORY BODY: Other

STATUTE TEXT: After an amendment to the articles of incorporation has been adopted and approved in the manner required by this chapter and by the articles of incorporation, the nonprofit corporation shall deliver to the Mayor, for filing, articles of amendment, which shall set forth: (1) The name of the corporation; (2) The text of the amendment adopted; (3) If the amendment provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the amendment if not contained in the amendment itself, which may be made dependent upon facts objectively ascertainable outside the articles of amendment in accordance with ss 29-401.04; (4) The date of the amendmentis adoption; and (5) If the amendment: (A) Was adopted by the incorporators, board of directors, or a designated body without member approval, a statement that the amendment was adopted by the incorporators or by the board of directors or designated body, as the case may be, and that member approval was not required; or (B) Required approval by the members, a statement that the amendment was duly approved by the members in the manner required by this chapter and by the articles of incorporation and bylaws. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Section References This section is referenced in ss 29-408.07.

NOTES: Mayor’s Office, DC ST § 29-408.06

Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-1706

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “Each registrant shall, within 30 days after the period for which a certificate of registration has been issued, and within 30 days after a demand therefor by the Mayor, file a report with the Mayor, stating the contributions secured as a result of any solicitation authorized by such certificate and in detail all expenses of or connected with such solicitation, and showing exactly for what use and in what manner all such contributions were or are intended to be dispensed or distributed.” DC ST § 44-1706

3 Notice or Action for Dissolutions

Voluntary Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 29-412.02 ;; 29-412-02

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) The board of directors of a membership corporation may propose dissolution for submission to the members. (b) For a proposal to dissolve to be adopted: (1) The board of directors shall recommend dissolution to the members unless the board of directors determines that because of conflict of interest or other special circumstances, it should make no recommendation and communicates the basis for its determination to the members; and (2) The members entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this section. (c) The board of directors may condition its submission of the proposal for dissolution on any basis. (d) The nonprofit corporation shall give notice to each member, whether or not entitled to vote, of the proposed meeting of members. The notice shall also state: (1) That the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation; and (2) How the assets of the corporation will be distributed after all creditors have been paid or how the distribution of assets will be determined. (e) Unless the articles of incorporation, the bylaws, or the board of directors acting pursuant to subsection (c) of this section, requires a greater vote or a greater number of members to be present, the adoption of the proposal to dissolve by the members shall require the approval of the members at a meeting at which a quorum exists, and, if any class of members is entitled to vote as a separate group on the proposal, the approval of each such separate voting group at a meeting at which a quorum of the voting group exists. (f) If the nonprofit corporation does not have any members entitled to vote on its dissolution, a proposal to dissolve shall be adopted by the corporation when it has been adopted by the board of directors. (g) A charitable corporation shall give the Attorney General for the District of Columbia notice in the form of a record that it intends to dissolve before the time it delivers articles of dissolution to the Mayor. Notice to the Attorney General under this section shall not delay or otherwise affect the dissolution process. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: DC ST § 29-412.02

DC Code § 29-412.03 ;; 29-412-03

REGULATORY BODY: Other

STATUTE TEXT: (a) At any time after dissolution is authorized, the nonprofit corporation may dissolve by delivering to the Mayor for filing articles of dissolution setting forth: (1) The name of the corporation; (2) The date dissolution was authorized; and (3) That the dissolution was approved in the manner required by this chapter and by the articles of incorporation and bylaws. (b) A nonprofit corporation shall be dissolved upon the effective date of its articles of dissolution. (c) For purposes of this part, the term idissolved corporationi means a nonprofit corporation whose articles of dissolution have become effective and includes a successor entity to which the remaining assets of the corporation are transferred subject to its liabilities for purposes of liquidation. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: File with Mayor’s Office DC ST § 29-412.03

Judicial Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 29-412.20 ;; 29-412-20

REGULATORY BODY: Attorney General

STATUTE TEXT: (a) The Superior Court may dissolve a nonprofit corporation, place a corporation in receivership, impose a constructive trust on compensation paid to a corporationis director, officer, or manager, or grant other injunctive or equitable relief with respect to a corporation: (1) In a proceeding by the Attorney General for the District of Columbia if it is established that: (A) The corporation obtained its articles of incorporation through fraud; (B) The corporation has exceeded or abused and is continuing to exceed or abuse the authority conferred upon it by law; or (C) The corporation has continued to act contrary to its nonprofit purposes; (2) Except as otherwise provided in the articles of incorporation or bylaws, in a proceeding by 50 members or members holding at least 5% of the voting power, whichever is less, or by a director or member of a designated body, if it is established that: (A) The directors or a designated body are deadlocked in the management of the corporate affairs, the members, if any, are unable to break the deadlock, and irreparable injury to the corporation or its mission is threatened or being suffered because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent; (C) The members are deadlocked in voting power and have failed, for a period that includes at least 2 consecutive annual meeting dates, to elect successors to directors whose terms have, or otherwise would have, expired; (D) The corporate assets are being misapplied or wasted; or (E) The corporation has insufficient assets to continue its activities and it is no longer able to assemble a quorum of directors or members; (3) In a proceeding by a creditor, if it is established that: (A) The creditoris claim has been reduced to judgment, the execution on the judgment returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in a record that the creditoris claim is due and owing and the corporation is insolvent; or (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. (b)(1) If the Attorney General, in the course of an investigation to determine whether to bring a court action under this section, has reason to believe that a person may have information, or may be in possession, custody, or control of documentary material, relevant to the investigation, the Attorney General may issue in writing, and cause to be served upon the person, a subpoena requiring the person to give oral testimony under oath, or to produce records, books, papers, contracts, electronically-stored data, and other documentary material for inspection and copying. (2) Information obtained pursuant to this authority to subpoena shall not be admissible in a later criminal proceeding against the person who provided the information. (3) The Attorney General may petition the Superior Court for an order compelling compliance with a subpoena issued pursuant to this authority to subpoena. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.) Section References This section is referenced in ss 29-403.04 and ss 29-412.23. Emergency Legislation For temporary (90 days) amendment of this section, see ss 3 of the Public Charter School Priority Enrollment Emergency Amendment Act of 2015 (D.C. Act 21-26, Mar. 27, 2015, 62 DCR 4525, 21 DCSTAT 860). Temporary Legislation For temporary (225 days) amendment of this section, see ss 3 of the Public Charter School Priority Enrollment Temporary Amendment Act of 2015 (D.C. Law 21-3, June 4, 2015, 62 DCR 4556).

NOTES: DC ST § 29-412.20

DC Code § 29-412.23 ;; 29-412-23

REGULATORY BODY: Other

STATUTE TEXT: (a) If, after a hearing, the Superior Court determines that one or more grounds for judicial dissolution described in ss 29-412.20 exist, it may enter a decree dissolving the nonprofit corporation and specifying the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the Mayor, who shall file it. (b) After entering the decree of dissolution, the Superior Court shall direct the winding-up and liquidation of the nonprofit corporationis affairs in accordance with ss 29-412.05 and the notification of claimants in accordance with ssss 29-412.06 and 29-412.07. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: File with Mayor’s Office - DC ST § 29-412.23

Administrative Dissolutions

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

DISSOLV-ADMINI-AG

REGULATORY BODY: Attorney General

DISSOLV-ADMINI-OT

REGULATORY BODY: Other

4 Notice, Oversight or Filing of Hospital Conversions

Has Statute

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-601

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: DC ST § 44-601 - 44-610

Requires Notice or Oversight

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-603

REGULATORY BODY: Attorney General

STATUTE TEXT:

NOTES: DC ST § 44-603

HOSPCON-OVERSI-OT

REGULATORY BODY: Other

NOTES: No

Requires Filing

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

HOSPCON-FILING-OT

REGULATORY BODY: Other

NOTES: No

5 Audits

Requires Audit

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-AUDITS-NS

REGULATORY BODY: Not Specific

NOTES: No

Audit Threshold

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

6 Registration Law

Registration Law

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

DC Code § 44-1701

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: DC ST § 44-1701 et seq.

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

DC Code § 44-1703(b)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: DC ST § 44-1703(b)

Small organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-SMALLO-NS

REGULATORY BODY: Not Specific

NOTES: NO

Educational Institutions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-EDUCAT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Governmental Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-GOVMNT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Hospitals

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-HOSPIT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Veterans organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-VETERA-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDYES-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations that don’t solicit contributions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDNOS-NS

REGULATORY BODY: Not Specific

NOTES: NO

Charitable Trusts

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CTRUST-NS

REGULATORY BODY: Not Specific

NOTES: NO

Parent-Teacher Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-PTOEDU-NS

REGULATORY BODY: Not Specific

NOTES: NO

Reports to congress

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CONGRE-NS

REGULATORY BODY: Not Specific

NOTES: NO

Non-soliciting

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

DC Code § 44-1703(a)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: DC ST § 44-1703(a)

Fraternal/ Membership

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

DC Code § 44-1703(c)(2)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: DC ST § 44-1703(c)(2)

Political Orgs

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-POLITI-NS

REGULATORY BODY: Not Specific

NOTES: NO

Other

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

DC Code § 44-1703(c)(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: American National Red Cross, DC ST § 44-1703(c)(1)

8 Defined remedies

Dissolution

Regulatory Action: REMEDY

YES: A regulation is defined in the state

DC Code § 29-412.20 ;; 29-412-20

REGULATORY BODY: Not Specific

NOTES: DC ST § 29-412.20

Removal of Board Members

Regulatory Action: REMEDY

YES: A regulation is defined in the state

DC Code § 29-406.09 ;; 29-406-09

REGULATORY BODY: Not Specific

STATUTE TEXT: (a) The Superior Court may remove a director from office in a proceeding commenced by or in the right of the corporation if the court finds that: (1) The director engaged in fraudulent conduct with respect to the corporation or its members, grossly abused the position of director, or intentionally inflicted harm on the corporation; and (2) Considering the directoris course of conduct and the inadequacy of other available remedies, removal would be in the best interests of the corporation. (b) A member, individual director, or member of a designated body proceeding on behalf of the nonprofit corporation under subsection (a) of this section shall comply with all of the requirements of subchapter XI of this chapter. (c) The court, in addition to removing the director, may bar the director from being reelected, redesignated, or reappointed for a period prescribed by the court. (d) Nothing in this section limits the equitable powers of the court to order other relief. (e) If a proceeding is commenced under this section to remove a director of a charitable corporation, the plaintiff shall give the Attorney General for the District of Columbia notice in record form of the commencement of the proceeding. (July 2, 2011, D.C. Law 18-378, ss 2, 58 DCR 1720.)

NOTES: DC ST § 29-406.09

9 Oversight of professional fundraisers

Does the state require registration by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-1703

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1703; 16 DCMR § 1304

DC Code § 1304

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1703; 16 DCMR § 1304

Does the state require registration by fundraising counsel?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-COUNSL-NS

REGULATORY BODY: Not Specific

Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-VENTUR-NS

REGULATORY BODY: Not Specific

Does the state require the fundraisers to provide notice to the regulator before any solicitation campaign (in addition to annual registration and/or filing the contract)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-NOTICE-NS

REGULATORY BODY: Not Specific

Does the state require specified disclosures to donors?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-1705

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1705; 16 DCMR § 1306

DC Code § 1306

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1705; 16 DCMR § 1306

Does the state require a copy of any contract between a charitable organization and a commercial fundraiser or fundraising counsel be filed with the regulator?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 1304.3

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 16 DCMR § 1304.3

Does the state require annual financial reporting by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

DC Code § 44-1706

REGULATORY BODY: Not Specific

STATUTE TEXT:

DC Code § 1304

REGULATORY BODY: Not Specific

STATUTE TEXT:

Does the state require bonding of professional fundraisers?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-BONDNG-NS

REGULATORY BODY: Not Specific