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4-28-404. Charitable organizations exempted from registration and financial disclosure requirements.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-404. Charitable organizations exempted from registration and financial disclosure requirements.
The following charitable organizations are not subject to the reporting requirement under §§ 4-28-403 and 4-28-405, provided each organization shall submit an application for a reporting exemption to the Secretary of State, on forms prescribed by the Secretary of State, together with any information as the Secretary of State may require to substantiate a reporting exemption under this section:
(1) Religious organizations, i.e., any bona fide, duly constituted religious entity if the entity satisfies each of the following criteria:
(A) The entity is exempt from taxation pursuant to the Internal Revenue Code; and
(B) No part of the entity's net income inures to the direct benefit of any individual;
(2) Educational institutions, i.e., any parent-teacher association or educational institution, the curricula of which in whole or in part are registered or approved by any state or the United States either directly or by acceptance of accreditation by an accrediting body;
(3) Political candidates and organizations, i.e., any candidate for national, state, or local elective office or a political party or other committee required to file information with the Federal Election Commission or any state election commission or its equivalent agency;
(4) Governmental organizations, i.e., any department branch or other instrumentality of the federal, state, or local governments;
(5) Nonprofit hospitals, i.e., any nonprofit hospital licensed by this state or in any other state;
(6) Any charitable organization which does not intend to solicit and receive, and does not actually receive, contributions in excess of twenty-five thousand dollars ($25,000) during a calendar year:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-28-404
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5288fbed29b3607eda76d87479b03304a3302d7c7076a3998f5b5d78223ce19d
Source location: content.xml paragraph 19069
Stored source content
4-28-404. Charitable organizations exempted from registration and financial disclosure requirements.
The following charitable organizations are not subject to the reporting requirement under §§ 4-28-403 and 4-28-405, provided each organization shall submit an application for a reporting exemption to the Secretary of State, on forms prescribed by the Secretary of State, together with any information as the Secretary of State may require to substantiate a reporting exemption under this section:
(1) Religious organizations, i.e., any bona fide, duly constituted religious entity if the entity satisfies each of the following criteria:
(A) The entity is exempt from taxation pursuant to the Internal Revenue Code; and
(B) No part of the entity's net income inures to the direct benefit of any individual;
(2) Educational institutions, i.e., any parent-teacher association or educational institution, the curricula of which in whole or in part are registered or approved by any state or the United States either directly or by acceptance of accreditation by an accrediting body;
(3) Political candidates and organizations, i.e., any candidate for national, state, or local elective office or a political party or other committee required to file information with the Federal Election Commission or any state election commission or its equivalent agency;
(4) Governmental organizations, i.e., any department branch or other instrumentality of the federal, state, or local governments;
(5) Nonprofit hospitals, i.e., any nonprofit hospital licensed by this state or in any other state;
(6) Any charitable organization which does not intend to solicit and receive, and does not actually receive, contributions in excess of twenty-five thousand dollars ($25,000) during a calendar year:
(A) If all of its functions, including its fund-raising functions, are carried on by persons who are unpaid for their services; and
(B) Provided that no part of its assets or income inures to the benefit of or is paid to any officer or member; and
(7) Any person who solicits solely for the benefit of organizations described in subdivisions (1)-(6) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-403. Annual financial reports and fiscal records.
(a)(1)(A) Each charitable organization subject to this subchapter shall file with the Secretary of State an annual financial report on forms prescribed by the Secretary of State no later than one hundred eighty (180) days after the last date of the charitable organization's fiscal year.
(B) The annual financial report described in subdivision (a)(1)(A) of this section shall be accompanied by a copy of all tax or information returns, including all schedules and amendments, submitted by the charitable organization to the Internal Revenue Service for the previous reporting year, except any schedules of contributors to the organization.
(2) A charitable organization which maintains its books on other than a calendar-year basis, upon application to the Secretary of State, may be permitted to file the annual financial report described in subdivision (a)(1)(A) of this section with its tax or information returns referred to in subdivision (a)(1)(B) of this section within six (6) months after the close of its fiscal year.
(b)(1) A charitable organization with gross revenue in excess of five hundred thousand dollars ($500,000) in any fiscal year it is registered shall include with its submission of the annual financial report and tax records referred to in subdivision (a)(1) of this section an audit report of a certified public accountant.
(2) For purposes of this section, “gross revenue” does not include grants or fees from government agencies.
(c) Charitable organizations that are required to register with the Secretary of State but are not required to file an information or tax return with the Internal Revenue Service should submit in lieu of the information or tax return an annual report on forms to be provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-28-405. Charitable organization — Filing of contracts.
(a) Each contract between a charitable organization and a fund-raising counsel shall be in writing and shall be filed by the charitable organization with the Secretary of State before the performance by the fund-raising counsel of any material services under the contract.
(b) The contract shall contain any information that will enable the Secretary of State to identify the services the fund-raising counsel is to provide and the manner of his or her compensation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-28-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-28-405. This identifies an authority to review, not proof of applicability.