State of the Nonprofit Regulatory Environment in NEW JERSEY

Table of contents

• 1 Bifurcation of charitable regulatory body
• 2 Notice, Filing or Review of Transactions
• 3 Notice or Action for Dissolutions
• 4 Notice, Oversight or Filing of Hospital Conversions
• 5 Audits
• 6 Registration Law
• 7 Exemptions from Registering for Specific Organization Types
• 8 Defined remedies
• 9 Oversight of professional fundraisers

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-21

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Yes - N.J. Stat. Ann. § 45:17A-21

Registration Office

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

NOTES: New Jersey Attorney General Division of Consumer Affairs http://www.njconsumeraffairs.gov/charities

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

REPORTS-ASSETS-OT

REGULATORY BODY: Other

NOTES: No

Mergers

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 15A:10-5 ;; 15A-10-5

REGULATORY BODY: Attorney General

STATUTE TEXT: 15A:10-5. Certificate of merger or consolidation a. After approval of the plan of merger or consolidation, a certificate of merger or a certificate of consolidation shall be executed on behalf of each corporation. The certificate shall set forth: (1) the name of each corporation which is a party to the merger or consolidation and, with respect to each, whether or not it has members entitled to vote on the merger or consolidation; (2) the plan of merger or the plan of consolidation; (3) as to each corporation without members entitled to vote thereon: (a) that the plan of merger or plan of consolidation was approved by the board of trustees of the corporation, and (b) the number of trustees and either the number of votes cast for and against the plan of merger or plan of consolidation and the number of trustees present at the meeting or that the plan of merger or plan of consolidation was adopted by the unanimous written consent of the trustees without a meeting; (4) as to each corporation having members entitled to vote thereon: (a) the number of members entitled to vote on such plan, (b) if the members of any class are entitled to vote thereon as a class, the designation and number of members entitled to vote thereon of each class, (c) either the number of votes for and against such plan, respectively, if the members of any class are entitled to vote as a class, the number of votes of each class voted for and against such plan, respectively, and the number of members present at the meeting or that the plan of merger or plan of consolidation was adopted by the unanimous written consent of the members without a meeting; (5) if, pursuant to subsection b. of this section, the merger is to become effective at a time subsequent to the date of filing with the Secretary of State, the date when the merger is to become effective. b. The executed original and a copy of the certificate shall be filed in the office of the Secretary of State and the merger or consolidation shall become effective upon the date of the filing or at a later time, not to exceed 30 days after the date of filing, as may be set forth in the certificate. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:10-5, eff. Oct. 1, 1983.

NOTES: N.J.S.A. 15A:10-5

NJ Code § 15A:10-5 ;; 15A-10-5

REGULATORY BODY: Other

STATUTE TEXT: 15A:10-5. Certificate of merger or consolidation a. After approval of the plan of merger or consolidation, a certificate of merger or a certificate of consolidation shall be executed on behalf of each corporation. The certificate shall set forth: (1) the name of each corporation which is a party to the merger or consolidation and, with respect to each, whether or not it has members entitled to vote on the merger or consolidation; (2) the plan of merger or the plan of consolidation; (3) as to each corporation without members entitled to vote thereon: (a) that the plan of merger or plan of consolidation was approved by the board of trustees of the corporation, and (b) the number of trustees and either the number of votes cast for and against the plan of merger or plan of consolidation and the number of trustees present at the meeting or that the plan of merger or plan of consolidation was adopted by the unanimous written consent of the trustees without a meeting; (4) as to each corporation having members entitled to vote thereon: (a) the number of members entitled to vote on such plan, (b) if the members of any class are entitled to vote thereon as a class, the designation and number of members entitled to vote thereon of each class, (c) either the number of votes for and against such plan, respectively, if the members of any class are entitled to vote as a class, the number of votes of each class voted for and against such plan, respectively, and the number of members present at the meeting or that the plan of merger or plan of consolidation was adopted by the unanimous written consent of the members without a meeting; (5) if, pursuant to subsection b. of this section, the merger is to become effective at a time subsequent to the date of filing with the Secretary of State, the date when the merger is to become effective. b. The executed original and a copy of the certificate shall be filed in the office of the Secretary of State and the merger or consolidation shall become effective upon the date of the filing or at a later time, not to exceed 30 days after the date of filing, as may be set forth in the certificate. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:10-5, eff. Oct. 1, 1983.

NOTES: File with Sec. of State, N.J.S.A. 15A:10-5

Certificate of Amendments

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 15A:9-4 ;; 15A-9-4

REGULATORY BODY: Attorney General

STATUTE TEXT: 15A:9-4. Certificate of amendment a. If the amendment is made as provided by subsection a. of section 15A:9-2, a certificate of amendment shall, subject to subsection c. of section 15A:2-7, be signed by all incorporators, shall set forth the name of the corporation and the amendment so adopted, and shall recite that the amendment is made by the unanimous consent of the incorporators before the organization meeting of the board of trustees. b. If the amendment is made as provided by subsection c. or d. of section 15A:9-2, a certificate of amendment shall be executed on behalf of the corporation and shall set forth: (1) the name of the corporation; (2) the amendment so adopted; (3) whether the corporation has or does not have members; (4) the date of the adoption of the amendment by the trustees if the corporation has no members entitled to vote thereon, or by the members, whichever is applicable; (5) if the corporation has no members entitled to vote thereon, the number of trustees of the corporation and either the number of trustees voting for and against the amendment, respectively, and the number of trustees present at the meeting or that the amendment was adopted by the unanimous written consent of the trustees without a meeting; (6) if applicable, the number of members entitled to vote thereon and either the number of members voting for and against the amendment, respectively, if any class or classes of members are entitled to vote thereon as a class, the number of members in each class, the votes of each class voted for and against the amendment, respectively, and the number of members present at the meeting; or that the amendment was adopted by the unanimous written consent of the members without a meeting; and (7) if, pursuant to subsection c. of this section, the amendment is to become effective at a time subsequent to the time of filing, the date when the amendment is to become effective. c. An original and one copy of each certificate of amendment of the certificate of incorporation shall be filed in the office of the Secretary of State and the amendment shall become effective upon the date of filing or at a later time, not to exceed 30 days from the date of filing, as may be set forth in the certificate. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:9-4, eff. Oct. 1, 1983.

NOTES: N.J.S.A. 15A:9-4

NJ Code § 15A:9-4 ;; 15A-9-4

REGULATORY BODY: Other

STATUTE TEXT: 15A:9-4. Certificate of amendment a. If the amendment is made as provided by subsection a. of section 15A:9-2, a certificate of amendment shall, subject to subsection c. of section 15A:2-7, be signed by all incorporators, shall set forth the name of the corporation and the amendment so adopted, and shall recite that the amendment is made by the unanimous consent of the incorporators before the organization meeting of the board of trustees. b. If the amendment is made as provided by subsection c. or d. of section 15A:9-2, a certificate of amendment shall be executed on behalf of the corporation and shall set forth: (1) the name of the corporation; (2) the amendment so adopted; (3) whether the corporation has or does not have members; (4) the date of the adoption of the amendment by the trustees if the corporation has no members entitled to vote thereon, or by the members, whichever is applicable; (5) if the corporation has no members entitled to vote thereon, the number of trustees of the corporation and either the number of trustees voting for and against the amendment, respectively, and the number of trustees present at the meeting or that the amendment was adopted by the unanimous written consent of the trustees without a meeting; (6) if applicable, the number of members entitled to vote thereon and either the number of members voting for and against the amendment, respectively, if any class or classes of members are entitled to vote thereon as a class, the number of members in each class, the votes of each class voted for and against the amendment, respectively, and the number of members present at the meeting; or that the amendment was adopted by the unanimous written consent of the members without a meeting; and (7) if, pursuant to subsection c. of this section, the amendment is to become effective at a time subsequent to the time of filing, the date when the amendment is to become effective. c. An original and one copy of each certificate of amendment of the certificate of incorporation shall be filed in the office of the Secretary of State and the amendment shall become effective upon the date of filing or at a later time, not to exceed 30 days from the date of filing, as may be set forth in the certificate. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:9-4, eff. Oct. 1, 1983.

NOTES: Sec. of State, N.J.S.A. 15A:9-4

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

REPORTS-FINANC-NS

REGULATORY BODY: Not Specific

NOTES: http://www.njconsumeraffairs.gov/charities/Pages/charities-registration-forms.aspx

3 Notice or Action for Dissolutions

Voluntary Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 15A:12-6 ;; 15A-12-6

REGULATORY BODY: Attorney General

STATUTE TEXT: 15A:12-6. Dissolution pursuant to provision in certificate of incorporation a. The certificate of incorporation may provide that any member, any trustee, or any specified number of members or trustees or any class of members may effect the dissolution of the corporation at will or upon the occurrence of a specified event. The provision shall specify the procedures for adopting a plan of dissolution. The dissolution of the corporation may be effected by adopting a plan of dissolution pursuant to section 15A:12-8 and by filing an original and a copy of a certificate of dissolution in the office of the Secretary of State, executed as the certificate of incorporation may provide. The certificate of dissolution shall contain the information required by section 15A:12-10. The Secretary of State shall forward the copy to the Attorney General. b. An amendment of the certificate of incorporation which adds, amends, or deletes a provision authorized by subsection a. of this section, shall be authorized at a meeting of members by a vote of all the members, or by a lesser vote, but not less than the vote set forth in paragraph 3 of subsection d. of section 15A:9-2, as may be specifically provided for in the certificate of incorporation for such amendment. c. If the corporation has no members entitled to vote on a dissolution of the corporation, the certificate of incorporation may provide that any trustee or any specified number of trustees may effect the dissolution of the corporation at will or upon the occurrence of a specified event. The provision shall specify the procedures for adopting a plan of dissolution. The dissolution of the corporation may be effected by adopting a plan of dissolution pursuant to section 15A:12-8 and by filing an original and a copy of a certificate of dissolution in the office of the Secretary of State, executed as the certificate of incorporation may provide. The certificate of dissolution shall contain the information required by section 15A:12-10. The Secretary of State shall forward the copy to the Attorney General. d. An amendment of the certificate of incorporation which adds, amends, or deletes a provision authorized by subsection c. of this section, shall be authorized at a meeting of the trustees by a vote of all the trustees, or by a lesser vote not below two-thirds, as may be specifically provided for in the certificate of incorporation for such an amendment. L.1983, c. 127, s. 15A:12-6, eff. Oct. 1, 1983.

NOTES: N.J.S.A. 15A:12-6; N.J.S.A. 15A:12-7

NJ Code § 15A:12-7 ;; 15A-12-7

REGULATORY BODY: Attorney General

STATUTE TEXT: 15A:12-7. Dissolution upon expiration of period of duration A corporation shall not be dissolved when the period of duration stated in its certificate of incorporation expires until a plan of dissolution pursuant to subsection a. of section 15A:12-8 has been adopted and an original and a copy of a certificate of dissolution containing the information required by section 15A:12-10 executed on behalf of the corporation has been filed in the office of the Secretary of State. Upon written demand to the corporation by any trustee or member, a corporation whose duration has expired shall, within 60 days of the demand, file an original and a copy of a certificate of dissolution in the office of the Secretary of State unless within that time it amends its certificate of incorporation to extend its duration, as provided in paragraph (2) of subsection b. of section 15A:9-1. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:12-7, eff. Oct. 1, 1983.

NOTES: N.J.S.A. 15A:12-6; N.J.S.A. 15A:12-7

NJ Code § 15A:12-6 ;; 15A-12-6

REGULATORY BODY: Other

STATUTE TEXT: 15A:12-6. Dissolution pursuant to provision in certificate of incorporation a. The certificate of incorporation may provide that any member, any trustee, or any specified number of members or trustees or any class of members may effect the dissolution of the corporation at will or upon the occurrence of a specified event. The provision shall specify the procedures for adopting a plan of dissolution. The dissolution of the corporation may be effected by adopting a plan of dissolution pursuant to section 15A:12-8 and by filing an original and a copy of a certificate of dissolution in the office of the Secretary of State, executed as the certificate of incorporation may provide. The certificate of dissolution shall contain the information required by section 15A:12-10. The Secretary of State shall forward the copy to the Attorney General. b. An amendment of the certificate of incorporation which adds, amends, or deletes a provision authorized by subsection a. of this section, shall be authorized at a meeting of members by a vote of all the members, or by a lesser vote, but not less than the vote set forth in paragraph 3 of subsection d. of section 15A:9-2, as may be specifically provided for in the certificate of incorporation for such amendment. c. If the corporation has no members entitled to vote on a dissolution of the corporation, the certificate of incorporation may provide that any trustee or any specified number of trustees may effect the dissolution of the corporation at will or upon the occurrence of a specified event. The provision shall specify the procedures for adopting a plan of dissolution. The dissolution of the corporation may be effected by adopting a plan of dissolution pursuant to section 15A:12-8 and by filing an original and a copy of a certificate of dissolution in the office of the Secretary of State, executed as the certificate of incorporation may provide. The certificate of dissolution shall contain the information required by section 15A:12-10. The Secretary of State shall forward the copy to the Attorney General. d. An amendment of the certificate of incorporation which adds, amends, or deletes a provision authorized by subsection c. of this section, shall be authorized at a meeting of the trustees by a vote of all the trustees, or by a lesser vote not below two-thirds, as may be specifically provided for in the certificate of incorporation for such an amendment. L.1983, c. 127, s. 15A:12-6, eff. Oct. 1, 1983.

NOTES: Secretary of State, N.J.S.A. 15A:12-6; N.J.S.A. 15A:12-7

NJ Code § 15A:12-7 ;; 15A-12-7

REGULATORY BODY: Other

STATUTE TEXT: 15A:12-7. Dissolution upon expiration of period of duration A corporation shall not be dissolved when the period of duration stated in its certificate of incorporation expires until a plan of dissolution pursuant to subsection a. of section 15A:12-8 has been adopted and an original and a copy of a certificate of dissolution containing the information required by section 15A:12-10 executed on behalf of the corporation has been filed in the office of the Secretary of State. Upon written demand to the corporation by any trustee or member, a corporation whose duration has expired shall, within 60 days of the demand, file an original and a copy of a certificate of dissolution in the office of the Secretary of State unless within that time it amends its certificate of incorporation to extend its duration, as provided in paragraph (2) of subsection b. of section 15A:9-1. The Secretary of State shall forward the copy to the Attorney General. L.1983, c. 127, s. 15A:12-7, eff. Oct. 1, 1983.

NOTES: Secretary of State, N.J.S.A. 15A:12-6; N.J.S.A. 15A:12-7

Judicial Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 15A:12-11 ;; 15A-12-11

REGULATORY BODY: Attorney General

STATUTE TEXT: 15A:12-11. Dissolution in action brought by the Attorney General 15A:12-11. Dissolution in Action Brought by the Attorney General. a. The Attorney General may bring an action in the Superior Court for the dissolution of a corporation upon the ground that the corporation: (1) Has procured its organization through fraudulent misrepresentation or concealment of a material fact; (2) Has had its certificate of incorporation revoked under subsection c. of section 15A:4-5 (failure to file its annual report); (3) Has conducted activities after the period of duration specified in its certificate of incorporation and has neither amended its certificate of incorporation to extend the period nor proceeded to liquidate and cease activities; (4) Has repeatedly exceeded the authority conferred upon it by law; (5) Has repeatedly conducted its business in an unlawful manner; (6) Has misused or improperly failed to use its powers, privileges or franchises; (7) Is insolvent; (8) Has suspended its ordinary activities for lack of funds; (9) Is conducting its activities in violation of its certificate of incorporation or, with respect to specific assets, in violation of any terms, conditions, or restrictions applicable to those assets imposed upon it; (10) Is conducting its activities at a great loss and with great prejudice to the interests of its creditors or members; or (11) Is conducting activities in a manner which is prejudicial to the public. b. The Superior Court may proceed in the action in a summary manner or otherwise. Upon a showing by clear and convincing evidence of any cause set forth in subsection a. of this section, the court may declare the corporation dissolved and a copy of the order of the court may be filed in the office of the Secretary of State as evidence thereof. c. The enumeration in subsection a. of this section of grounds for dissolution shall not exclude any other statutory or common law action by the Attorney General for the dissolution of a corporation or the revocation or forfeiture of its corporate franchises. L.1983, c.127, s.15A:12-11, eff. Oct. 1, 1983; amended 1997, c.139, s.4.

NOTES: N.J.S.A. 15A:12-11

NJ Code § 15A:12-11 ;; 15A-12-11

REGULATORY BODY: Other

STATUTE TEXT: 15A:12-11. Dissolution in action brought by the Attorney General 15A:12-11. Dissolution in Action Brought by the Attorney General. a. The Attorney General may bring an action in the Superior Court for the dissolution of a corporation upon the ground that the corporation: (1) Has procured its organization through fraudulent misrepresentation or concealment of a material fact; (2) Has had its certificate of incorporation revoked under subsection c. of section 15A:4-5 (failure to file its annual report); (3) Has conducted activities after the period of duration specified in its certificate of incorporation and has neither amended its certificate of incorporation to extend the period nor proceeded to liquidate and cease activities; (4) Has repeatedly exceeded the authority conferred upon it by law; (5) Has repeatedly conducted its business in an unlawful manner; (6) Has misused or improperly failed to use its powers, privileges or franchises; (7) Is insolvent; (8) Has suspended its ordinary activities for lack of funds; (9) Is conducting its activities in violation of its certificate of incorporation or, with respect to specific assets, in violation of any terms, conditions, or restrictions applicable to those assets imposed upon it; (10) Is conducting its activities at a great loss and with great prejudice to the interests of its creditors or members; or (11) Is conducting activities in a manner which is prejudicial to the public. b. The Superior Court may proceed in the action in a summary manner or otherwise. Upon a showing by clear and convincing evidence of any cause set forth in subsection a. of this section, the court may declare the corporation dissolved and a copy of the order of the court may be filed in the office of the Secretary of State as evidence thereof. c. The enumeration in subsection a. of this section of grounds for dissolution shall not exclude any other statutory or common law action by the Attorney General for the dissolution of a corporation or the revocation or forfeiture of its corporate franchises. L.1983, c.127, s.15A:12-11, eff. Oct. 1, 1983; amended 1997, c.139, s.4.

NOTES: File Decree with Sec. of State - N.J.S.A. 15A:12-11, N.J.S.A. 15A:12-22

NJ Code § 15A:12-22 ;; 15A-12-22

REGULATORY BODY: Other

STATUTE TEXT: 15A:12-22. Judgment of dissolution; filing copy A copy of every judgment dissolving a corporation or forfeiting its charter shall be forthwith filed by the clerk of the court in the office of the Secretary of State, and a notation thereof shall be made by the Secretary of State on the charter or certificate of incorporation of the corporation affected. The Secretary of State shall notify the Attorney General of the action. L.1983, c. 127, s. 15A:12-22, eff. Oct. 1, 1983.

NOTES: File Decree with Sec. of State - N.J.S.A. 15A:12-11, N.J.S.A. 15A:12-22

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

NJ Code § 26:2H-7.11

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 26:2H-7.11

Requires Notice or Oversight

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 26:2H-7.11

REGULATORY BODY: Attorney General

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 26:2H-7.11

NJ Code § 26:2H-7.11

REGULATORY BODY: Other

STATUTE TEXT:

NOTES: Commissioner of Health, N.J. Stat. Ann. § 26:2H-7.11

Requires Filing

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 26:2H-7.11

REGULATORY BODY: Other

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 26:2H-7.11

5 Audits

Requires Audit

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-24

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-24

Audit Threshold

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

NOTES: Charitable orgs: $25,000

6 Registration Law

Registration Law

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

NJ Code § 45:17A-23

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-23

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

NJ Code § 45:17A-26(a)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-26(a)

Small organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

NJ Code § 45:17A-26(c)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-26(c) ($10k)

Educational Institutions

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

NJ Code § 45:17A-26(b)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-26(b)

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

NJ Code § 45:17A-26(c)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J.S.A. 45:17A-26(c) ($10k)

Fraternal/ Membership

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-MEMFRA-NS

REGULATORY BODY: Not Specific

NOTES: NO

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

ORGTYPE-OTHTYP-NS

REGULATORY BODY: Not Specific

NOTES: local units of registered organizations, N.J.A.. 45:17A-26(d)

8 Defined remedies

Dissolution

Regulatory Action: REMEDY

YES: A regulation is defined in the state

NJ Code § 15A:12-11 ;; 15A-12-11

REGULATORY BODY: Not Specific

STATUTE TEXT: 15A:12-11. Dissolution in action brought by the Attorney General 15A:12-11. Dissolution in Action Brought by the Attorney General. a. The Attorney General may bring an action in the Superior Court for the dissolution of a corporation upon the ground that the corporation: (1) Has procured its organization through fraudulent misrepresentation or concealment of a material fact; (2) Has had its certificate of incorporation revoked under subsection c. of section 15A:4-5 (failure to file its annual report); (3) Has conducted activities after the period of duration specified in its certificate of incorporation and has neither amended its certificate of incorporation to extend the period nor proceeded to liquidate and cease activities; (4) Has repeatedly exceeded the authority conferred upon it by law; (5) Has repeatedly conducted its business in an unlawful manner; (6) Has misused or improperly failed to use its powers, privileges or franchises; (7) Is insolvent; (8) Has suspended its ordinary activities for lack of funds; (9) Is conducting its activities in violation of its certificate of incorporation or, with respect to specific assets, in violation of any terms, conditions, or restrictions applicable to those assets imposed upon it; (10) Is conducting its activities at a great loss and with great prejudice to the interests of its creditors or members; or (11) Is conducting activities in a manner which is prejudicial to the public. b. The Superior Court may proceed in the action in a summary manner or otherwise. Upon a showing by clear and convincing evidence of any cause set forth in subsection a. of this section, the court may declare the corporation dissolved and a copy of the order of the court may be filed in the office of the Secretary of State as evidence thereof. c. The enumeration in subsection a. of this section of grounds for dissolution shall not exclude any other statutory or common law action by the Attorney General for the dissolution of a corporation or the revocation or forfeiture of its corporate franchises. L.1983, c.127, s.15A:12-11, eff. Oct. 1, 1983; amended 1997, c.139, s.4.

NOTES: N.J.S.A. 15A:12-11

Removal of Board Members

Regulatory Action: REMEDY

A regulation is NOT defined in the state

REMEDYT-BRDRMV-NS

REGULATORY BODY: Not Specific

NOTES: No

9 Oversight of professional fundraisers

Does the state require registration by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27; N.J. Stat. Ann. § 45:17A-28

NJ Code § 45:17A-28

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27; N.J. Stat. Ann. § 45:17A-28

Does the state require registration by fundraising counsel?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27

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

YES: A regulation is defined in the state

NJ Code § 45:17A-29

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Charitable organization must file a contract of any sales promotion with a commercial co-venturer with the AG ten days prior to the initiation of the charitable sales promotion. N.J. Stat. Ann. § 45:17A-29

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

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Must file each contract at least 10 days before the start of any fundraising activity: N.J. Stat. Ann. § 45:17A-27

Does the state require specified disclosures to donors?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-30

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-30

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

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27

Does the state require annual financial reporting by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “Within 40 days after a solicitation campaign has been completed, or in the case of a campaign lasting more than 12 months, within 40 days of the end of the charitable organization’s fiscal year, file with the Attorney General a financial report for the campaign on such forms as the Attorney General may prescribe.” N.J. Stat. Ann. § 45:17A-27

Does the state require bonding of professional fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: If either a fund raising counsel or independent paid fund raiser at any time has or intends to have custody, control, possession or access to a charitable organization’s solicited contributions, that fund raising counsel or independent paid fund raiser shall at the time of making application for registration, file with the Attorney General a bond which shall for the initial application be in the sum of twenty thousand dollars ($20,000.00). N.J. Stat. Ann. § 45:17A-27

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