Cal. Code Regs. tit. 11 § 328
For purposes of giving notice to the Attorney General or submitting requests for approval or other action to the Attorney General pursuant to Article 2 of these regulations, all notices and requests shall be provided in writing and submitted electronically, on the Attorney General's Nonprofit Transactions web page.
Written notices or requests shall be deemed filed with the Attorney General when the notices or requests are received at the Office of the Attorney General, during normal business hours, with the information required by sections 329, subdivision (f), 330, subdivision (e), and 331 of these regulations. The Attorney General will consider notices or requests received after 5:00 p.m. on a business day, or at any time on a weekend or holiday, to be filed on the following business day. A notice that does not contain all of the required information is incomplete and not deemed filed.
The Attorney General shall acknowledge receipt of the notice or request by emailing the sender. This email shall not be construed to mean that the notice is complete.
Every notice or request to the Attorney General pursuant to Article 2 of these regulations shall include all material facts. "Material facts" means facts that are important, significant or essential to a reasonable person in deciding whether to engage or not engage in the particular action, including known or anticipated opposition to the proposed action. For a transaction that involves a potential direct or indirect financial benefit to a person affiliated with a charitable organization or trust, material facts also includes a description of the services or goods to be provided to or by the charitable organization or trust pursuant to the transaction, the price for such services or goods to be paid by or to the charitable organization or trust, the estimated fair market value of the goods or services, the benefit such transaction will confer upon the charitable organization or trust, whether the governing body or trustee has approved the transaction, the factual basis of the governing body or trustee's determination if it has approved the transaction, the disclosure made by the interested person, and a description of the alternative transactions, if any, considered by the governing body or trustee, and why any such alternative transactions were not adopted.
The Attorney General shall respond to requests for approval of self-dealing transactions, loans and guaranty agreements, and amendments to the articles of incorporation by issuing to the requesting person either a written statement of approval of the proposed action, a written statement of disapproval of the proposed action, or a written statement that the Attorney General declines to comment on the proposed action. In addition, the Attorney General may provide such comments in writing concerning the proposed action as the Attorney General finds appropriate under the circumstances. As a matter of internal policy, the Attorney General will attempt to respond to requests for approval of self-dealing transactions, loans and guaranty agreements, and amendments to the articles of incorporation within 60 days after receipt of all material facts related to the proposed action.
A "Public File" is the file of a charitable organization or trustee which contains public documents, including registration and financial reporting forms filed pursuant to Government Code sections 12585 and 12586, and which is maintained at the Registry of Charities and Fundraisers, Office of the Attorney General, P.O. Box 903447, Sacramento, California 94203-4470. A public file excludes donor information exempt from public inspection pursuant to Internal Revenue Code section 6104(d)(3)(A) and section 309 of these regulations, and confidential or trade secret information from a charitable fundraising platform or platform charity pursuant to section 315, subdivision (g), of these regulations.
All notices and requests for approval submitted to the Attorney General pursuant to Article 2 of these regulations shall become a part of the Public File of the charitable organization or trustee affected by the proposed action. In the discretion of the Attorney General, exceptions shall be made in the case of documents of a confidential or personal nature (i.e. individual tax returns, legitimate trade secret information, personal resumes, personal loan applications, etc.), where the charitable organization, trustee, or person submitting the confidential documents separately designates and requests that such documents not be maintained in the Public File.
The Attorney General's responses to notices and requests for approval issued pursuant to Article 2 of these regulations shall become a part of the Public File of the corporation affected by the proposed action.
For purposes of applying Article 2 of these regulations to mutual benefit corporations, these regulations apply only to the extent that a mutual benefit corporation holds assets in charitable trust.
The two-year Statute of Limitations for an action seeking remedies for a self-dealing transaction pursuant to Corporations Code sections 5233, subdivision (e), 7238 and 9243, subdivision (e), shall commence to run from the date that the written Notice of the Self-Dealing Transaction is filed with the Attorney General, and any such action brought after the date marking the expiration of the second year after such filing shall be barred. "Filed with the Attorney General" shall mean the time when the written notice is received pursuant to subdivision (a). "Year" shall mean a 365/366 day calendar year, as the case may be.
Cal. Code Regs. Tit. 11, § 328
Note: Authority cited: Sections 5233, 5820, 5914, 5918, 5920, 7820 and 9230, Corporations Code; and Section 12598, Government Code. Reference: Sections 5142, 5223, 5225, 5226, 5233, 5236, 5238, 5617, 5813.5, 5913, 5914, 5920, 6010, 6510, 6611, 6612, 6613, 6617, 6716, 6721, 7142, 7223, 7225, 7238, 7616, 7913, 8010, 8510, 8611, 8612, 8613, 8616, 8723, 9633, 9640 and 9680, Corporations Code.