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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 610. Rules Governing the Solicitation of Contributions
10/7/2022

2VAC5-610-30. Annual registration.

A. Documentation required for registration. Except as provided in subsection B of this section, every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall file with the commissioner an annual registration renewal on a form prescribed by the commissioner or the Unified Registration Statement, with all questions answered, with two signatures, and with all attachments required by Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia, on or before the 15th day of the fifth calendar month following the end of the organization's fiscal year. The completed registration statement shall include the following attachments:

1. Fee. The appropriate annual fee in the amount prescribed in subsection E of § 57-49 of the Code of Virginia, made payable to "Treasurer of Virginia";

2. Financial report. A copy of one of the following:

a. The completed IRS Form 990, Form 990-PF, or Form 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;

b. Certified audited financial statements for the past fiscal year; or

c. If the annual income of the organization qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report for the past fiscal year;

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 by § 57-54 of the Code of Virginia;

5. Governing documents. If the organization is incorporated, a copy of any certificate of incorporation, any articles of incorporation, or amendments to these documents not previously filed with the commissioner: if unincorporated, any amendments to the governing documents not previously filed with the commissioner;

6. Bylaws. A copy of any bylaws or amendments to that document not previously filed with the commissioner; and

7. Tax exemption. If the organization is listed with the IRS as tax exempt, a copy of any IRS determination letter or subsequent notifications of modification not previously filed with the commissioner.

B. Consolidated, or "joint," registration. A statewide or national charitable or civic organization may file a consolidated, or "joint," registration with the commissioner, as described in subsection B of § 57-49 of the Code of Virginia, on behalf of its local chapters, which shall not be considered complete unless accompanied by all supporting documentation specified in subsection A of this section, if:

1. The parent organization shares a group IRS exemption status with its chapters and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if the organization's annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report; or

2. Each chapter has its own separate IRS exemption status, but the organization's articles of incorporation or bylaws state that all financial matters are managed by the parent organization and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if its annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report.

C. Standard of reporting contributions. Every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall:

1. Report the gross contributions when the solicitation does not include goods or services;

2. Report as gross contributions the valuation of any goods or services solicited for resale. Such valuation shall be determined as prescribed in the American Institute of Certified Public Accountants standards for reporting donated goods and services;

3. Report the gross contributions when the solicitation includes the sale or donation of tickets for use by third parties, or when the goods or services sold are of nominal value; and

4. Report contributions, which may be reported as the net contributions only, when received from special events including, but not limited to, dinners, dances, carnivals, raffles, and bingo games, when the goods or services offered are of more than nominal value in return for a payment higher than the direct cost of the goods or services provided.

D. Extension of time to file with the commissioner. Any charitable organization that cannot complete its registration renewal on or before the 15th day of the fifth calendar month following the end of the organization's fiscal year may request in writing, as provided in subsection E of § 57-49 of the Code of Virginia, an extension of time to file with the commissioner. Payment of fees is not required with such a request. Fees are due when the registration is filed. A charitable organization may request an extension of time to file with the commissioner, and an extension may be granted under the following conditions:

1. The charitable organization shall send a written request to the commissioner stating that the organization is requesting an extension of time to file with the commissioner its registration renewal. If the organization has requested, from the IRS, an extension of time to file its IRS Form 990, Form 990-PF, or Form 990-EZ, the organization may send to the commissioner a copy of the IRS extension request in lieu of the written request.

2. If no time period is specified in the written request for extension of time to file, the commissioner shall grant an extension of time to file of 90 days.

3. If the charitable organization is unable to complete its registration renewal within the time period granted by the commissioner in the extension of time to file, the charitable organization may request an additional extension of time to file.

4. In any case, the extension or total of all extensions requested from and granted by the commissioner shall be for no longer than six months after the 15th day of the fifth calendar month following the end of the organization's fiscal year.

5. The organization's registration shall lapse if the annual renewal is not filed by the 15th day of the fifth calendar month following the end of the organization's fiscal year and no extension of time to file is requested from and granted by the commissioner, or if the annual renewal is not filed by the end of the extension period granted. If the organization's registration lapses, the organization shall file an initial registration and pay the initial registration fee in addition to the annual registration fee, as prescribed by 2VAC5-610-20.

Statutory Authority

§ 57-66 of the Code of Virginia.

Historical Notes

Derived from VR115-06-01 § 3, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

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