§ 50-22-04 — Information required to be filed annually

1. Every charitable organization that is required to file or that files a registration statement
pursuant to section 50-22-02 shall file an annual report. The annual report must be
delivered to the secretary of state, along with a ten dollar fee, on or before September
first of each year.
The secretary of state may extend the filing date for the annual report of any
charitable organization, if a written application for extension is received before the
filing deadline an extension may be granted for a single year, or permanently at the
request of the charitable organization. A charitable organization with a fiscal year
ending within three months prior to the filing deadline may make a written request for
an extension to apply to reports for subsequent years until the fiscal year is changed. A
filing date may not be extended under this subsection beyond December first of any
given year an annual report is due.
Information submitted must be given as of the close of the business on the
thirty-first day of December next preceding the date herein provided for the filing of the
report, or, in the alternative, the date of the end of the fiscal year next preceding this
report may be used.
2. The annual report must be filed on forms prescribed by the secretary of state and must
include a financial statement covering the immediately preceding twelve-month period
of operation. An officer of the charitable organization shall execute the financial
statement which must include a balance sheet, statement of income and expense, and
statement of functional expenses. The financial statement must be filed on or attached
to forms furnished by the secretary of state and must be prepared in accordance with
generally accepted accounting principles so as to make a full disclosure of the
following, including necessary allocations between each item and the basis of the
allocations:
a. Total receipts and total income from all sources;
b. Cost of management and general;

c. Program services;
d. Cost of fundraising;
e. Cost of public education;
f. Funds or properties transferred out of state with explanation as to recipient and
purpose, unless the information is not reasonably available, in which case the
charitable organization may, with the approval of the secretary of state, provide a
reasonable estimate of the amounts transferred;
g. Total net amount disbursed or dedicated within this state, broken down into total
amounts disbursed or dedicated for each major purpose, charitable or otherwise,
unless the information is not reasonably available, in which case the charitable
organization, with the approval of the secretary of state, may provide a
reasonable estimate of the required information;
h. Names of professional fundraisers used during the accounting year and the
financial compensation and profit resulting to each professional fundraiser; and
i. Total compensation, including salaries, fees, bonuses, fringe benefits, severance
payments, and deferred compensation, paid to employees by the charitable
organization and all its affiliated organizations.
3. Unless otherwise required by this section, the financial statement need not be certified.
4. Upon request of the secretary of state or attorney general, the charitable organization
must promptly provide 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 period covered by the annual report, except any schedules of
contributors to the organization.
5. The secretary of state or attorney general may make a detailed examination of the
accounts of any charitable organization conducting a solicitation for funds within this
state. Every charitable organization subject to this chapter shall keep a full and true
record in the form that will enable the charitable organization to accurately provide the
information required by this chapter. The registration of a charitable organization is
ineffective immediately upon its failure to file an annual report, including the payment
of all required fees. Any such organization, if in default under this chapter, may not file
a new registration statement until it files the required annual report with the secretary
of state.
Failure to file the annual report and fee as required will mean the organization may not solicit in
this state.