Ill. Admin. Code tit. 14 § 400.30

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.30 - Registration

a) Charitable Organization

1) Any charitable organization that solicits in Illinois must first register with the Attorney General unless it is exempt under the provisions of Section 3(b) of the Act.

2) To register, a charitable organization must file a completed registration statement in the forms prescribed by the Attorney General entitled "CO-1" (Charitable Organization Registration Statement) and "CO-2" (Charitable Organization Financial Information Form) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, all appropriate attachments, and all required statutory fees. All registrations must be accompanied by a copy of the instrument under which the property is administered (for example, trust documents, articles of incorporation, constitution, by-laws). If the organization employs a professional fund raiser, a copy of its contract with the professional fund raiser must accompany the registration statement.

3) If the organization has been in operation prior to registering, it must file, in addition to its registration statement, financial statements for each of the past three years and executed copies of annual reports and returns filed with the Internal Revenue Service for each of the past three years, must pay all filing fees and all late fees as provided by Sections 2 and 4 of the Act, and is subject to accounting for all past years of operation prior to registration.

4) When a registration is canceled, to return to compliance, a re-registration must be made. Re-registration requires the submission of all of the above registration documents as applicable, including the re-registration penalty fees as provided by Section 2 of the Act.

5) Registration by an organization under Section 2 of the Act may upon request also satisfy the organization's registration requirements under the Charitable Trust Act [760 ILCS 55/5 ].

6) The Attorney General may by pre-approval accept registration forms used by other states that contain the information required in the form prescribed by the Attorney General entitled "CO-1" (Charitable Organization Registration Statement) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.

b) Professional Fund Raiser

1) No professional fund raiser may be employed by a charitable organization in Illinois without prior registration with the Attorney General.

2) To register, a professional fund raiser must file a completed registration statement in the forms prescribed by the Attorney General entitled "PFR-01" (Professional Fund Raiser Registration Statement) and "PFR-06" (Professional Fund Raiser List of Charities and Contracts) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, all required statutory fees, copies of all Illinois charitable fundraising contracts and a professional fund raiser's bond when a bond is required, as described in subsection (b)(3).

3) If the applicant is a professional fund raiser that will control or possess charitable funds, a bond in the amount of $10,000, expiring upon the next June 30, issued with the professional fund raiser as a principal and a corporate surety licensed to do business in Illinois as surety, must accompany the registration. The bond must be in the form prescribed by the Attorney General entitled "CS-6" (Professional Fund-Raiser's Bond) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.

c) Professional Solicitor

1) No professional solicitor may solicit in Illinois without prior registration with the Attorney General. No person may register as a professional solicitor unless the person is employed by a registered professional fund raiser.

2) To register, a professional solicitor must file a completed registration statement in the form prescribed by the Attorney General entitled "PS-01" (Professional Solicitor Registration Statement) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.

d) Professional Fundraising Consultant

1) No person or entity may act as a professional fundraising consultant without prior registration with the Attorney General.

2) To register, a professional fundraising consultant must file a completed registration statement in the form prescribed by the Attorney General entitled "PFC-01" (Professional Fundraising Consultant Registration Statement) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, copies of all Illinois charitable fundraising consultant contracts and an affidavit stating that the professional fundraising consultant has not or will not at any time have custody or control of contributions.

e) A registrant shall notify the Attorney General of any changes in registration information within ten days after the change.

Ill. Admin. Code tit. 14, § 400.30

Amended at 24 Ill. Reg. 14684, effective September 21, 2000

Amended at 48 Ill. Reg. 16061, effective 10/29/2024