§ 48-101-506 — Issuance of registration - Renewal - Withdrawal of registration

Tennessee § 48-101-506

• Jurisdiction: Tennessee
• Title: 48

Text

(a) The secretary of state shall examine each application for conformity with the requirements of this part and all relevant rules and regulations. (b) A renewal of registration shall be made in the same manner as the initial registration. The renewal registration shall be accompanied by the following: (1) A copy of any and all forms required to be filed by the organization with the United States internal revenue service, and any other information the secretary deems appropriate to substantiate how funds were raised and spent by the organization. Such other information must be provided on forms approved by the secretary. At least two (2) authorized officers of the organization, one (1) of whom must be the chief fiscal officer, shall certify that the information provided under this subdivision (b)(1) is true and correct to the best of their knowledge; (2) (A) The annual report of every charitable organization which received in excess of one million dollars ($1,000,000) in gross revenue during the most recently completed fiscal year shall be accompanied by: (i) An audited financial statement, presented in accordance with generally accepted accounting principles which has been examined by an independent certified public accountant for the purpose of expressing an opinion thereon; and (ii) Any and all forms required to be filed by a charitable organization with the United States internal revenue service; (B) For the purpose of determining gross revenue for this subdivision (b)(2) only, grants received from government agencies and private foundations, designated by the internal revenue service as § 501(c)(3) organizations ( 26 U.S.C. § 501(c)(3) ), shall be excluded. (c) (1) The registration renewal statement shall be signed by two (2) authorized officers of the charitable organization, one (1) of whom shall be the chief fiscal officer, and such forms and documents shall be accompanied by a registration renewal fee in accordance with the following schedule: Organization's Gross Revenue Annual Filing Fee $0-$50,000.00 $ 80.00 $50,000.01-$99,999.99 $ 120.00 $100,000.00-$249,999.99 $ 160.00 $250,000.00-$499,999.99 $ 200.00 $500,000.00-ABOVE $ 240.00 (2) For purposes of this subsection (c), "organization's gross revenue" means the latest figures for annual gross revenue from whatever source reported by the organization to the secretary of state pursuant to subsection (b). (3) Notwithstanding subdivision (c)(1), for the period of July 1, 2024, through June 30, 2025, the registration renewal fee is ten dollars ($10.00) regardless of the organization's gross revenue. (d) Each charitable organization shall file all information required by this part with the secretary of state within six (6) months of the close of its fiscal year. The last day of the sixth month following the month in which the fiscal year of the organization ends shall be the anniversary date of the organization. All registrations shall expire each year on the anniversary date of the organization. Each renewal registration application shall be received by the secretary of state on or before the anniversary date. Each charitable organization shall be required to supplement its registration application during the registration period as changes occur which affect the documentation required by § 48-101-504(a) . (e) The secretary of state may extend the time for filing a renewal application for good cause shown for a period not to exceed ninety (90) days, during which time the previous registration remains in effect. If an organization has been permitted additional time to file an exempt organization return with the internal revenue service, upon submission of proof of such extension, the secretary may extend the time for filing a renewal application for an additional period not to exceed sixty (60) days, during which time the previous registration remains in effect. (f) (1) Applications received after the expiration of the current registration period shall be assessed a late fee of twenty-five dollars ($25.00) for each month, or portion thereof, that the application is late filed. The late filing fee shall accompany every late filed application. In addition to the late fee provided for herein, any organization which files a late application may also be subject to the imposition of civil penalties for violation of any portion of this part. (2) Notwithstanding subdivision (f)(1), for the period of July 1, 2024, through June 30, 2025, the fee referenced in subdivision (f)(1) is ten dollars ($10.00) rather than twenty-five dollars ($25.00). (3) Notwithstanding subdivision (f)(1), the aggregate late fees under subsection (f)(1) assessed to any entity must not exceed three hundred dollars ($300) in any calendar year. (g) Any person that intends to continue to solicit contributions after its anniversary date and fails to renew its registration by the time of the expiration thereof is in violation of this part. (h) Any person that ceases solicitation activities after registration must notify the secretary of state of such fact within thirty (30) days after solicitation activities end. Within ninety (90) days after the end of the solicitation activities or ninety (90) days after its fiscal year ends, that person shall file with the secretary financial documentation, pursuant to subsection (b).

Legislative History

Amended by 2024 Tenn. Acts, ch. 615,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 615,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 533,s 20, eff. 7/1/2024, app. 3/7/2024 for purposes of promulgating rules. Amended by 2024 Tenn. Acts, ch. 533,s 19, eff. 7/1/2024, app. 3/7/2024 for purposes of promulgating rules. Amended by 2024 Tenn. Acts, ch. 615,s 4, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 533,s 18, eff. 7/1/2024, app. 3/7/2024 for purposes of promulgating rules. Amended by 2024 Tenn. Acts, ch. 533,s 17, eff. 7/1/2024, app. 3/7/2024 for purposes of promulgating rules. Amended by 2024 Tenn. Acts, ch. 533,s 16, eff. 7/1/2024, app. 3/7/2024 for purposes of promulgating rules. Amended by 2023 Tenn. Acts, ch. 231, s 10, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 231, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 231, s 5, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 867, s 6, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 867, s 5, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 295, s 8, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 295, s 7, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 586, s 1, eff. 3/20/2020. Amended by 2016 Tenn. Acts, ch. 928, s 2, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 630, s 2, eff. 7/1/2014. Acts 1976, ch. 735, § 4; T.C.A., § 48-2204; Acts 1989, ch. 285, §§ 10, 11; 1993, ch. 252, § 14; 1994, ch. 667, §§ 17, 18; T.C.A., § 48-3-506; Acts 1996, ch. 907, § 7; 1997 , ch. 227, §§ 1-3; 2001, ch. 97, § 1; 2007 , ch. 523, §§ 13-16, 37.