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Ohio Laws and Rules
(A) Registration. Unless exempted under paragraph (B) of this rule, the following charitable trusts are required to file the registration form CFR-1 with the attorney general by May 19, 1976, or within six months after the creation of the charitable trust or within six months after occurrence of an event by reason of which such charitable trust is required to register, whichever is later:
(1) Charitable trusts which are exempt from federal taxation pursuant to subsection 501(a) and described in subsection 501(c)(3), Internal Revenue Code.
(2) Charitable healthcare organizations which are exempt from federal taxation pursuant to subsection 501(a) and described in subsection 501(c)(4), Internal Revenue Code.
(3) Charitable trusts which are treated as organizations described in Section 501(c)(3) by reason of Section 4947(a)(1) or Section 508(c), Internal Revenue Code.
(4) Charitable trusts which are treated as split-interest trusts by reason of Section 4947(a)(2), without regard to Section 4947(a)(2)(C), Internal Revenue Code.
Provided however, that charitable trusts which have registered with the attorney general pursuant to section 109.26 of the Revised Code, prior to November 19, 1975, are not required to file another registration form.
(B) Exemptions. The following charitable trusts are exempt from registration with the attorney general:
(1) Any agency or instrumentality of a governmental unit of the United States, any state, or political subdivision thereof.
(2) Parent-teacher associations, fraternities, alumni, booster or social clubs which are organized and operated in conjunction with and for the benefit of students of primary and secondary schools and educational institutions.
(3) Organizations which are organized and operated exclusively for religious purposes. These include churches, conventions and associations of churches, or integrated auxiliaries of a church.
(4) Educational institutions which normally maintain a regular faculty and curriculum and normally have a regular body of pupils or students in attendance at the place where its educational activities are regularly carried on.
(5) Charitable remainder trusts described in Section 664 of the Internal Revenue Code, created after July 31, 1969, if gifts to such trusts are deductible for federal income, gift or estate tax purposes.
(6) Charitable trusts in which all charitable interests are contingent, revocable, or subject to an unlimited power of invasion for purposes other than charitable purposes.
(7) Charitable trusts which have neither assets nor a majority of the governing body located within the state of Ohio.
(8) Charitable trusts which are controlled by one or more charitable trusts exempted from registration under the provisions of paragraph (B)(1), (B)(2), or (B)(4) of this rule. Control shall mean the power to elect or remove a majority of the governing body of the controlled charitable trust.
(C) Registration form. The registration form CFR-1 which will be supplied upon request by the charitable law section of the attorney general’s office shall disclose the following information:
(1) The name of the trust, foundation, corporation, or other type of organization.
(2) The date of formation, incorporation, agreement, or constitution.
(3) The Internal Revenue Code classification and date of exemption, if any.
(4) A description and current value of the assets; provided, however, that the charitable trust is not required to obtain a valuation of assets from an independent source to provide this information.
(5) The names and addresses of the specified charitable beneficiaries, if any, or a statement of the charitable purposes.
(6) The names and addresses of all present trustees, officers, and directors.
(7) Whether the charitable trust intends to solicit funds from the general public.
(8) The signature of the trustee or officer submitting the registration form.
(9) A copy of the will, pertinent part of the trust instrument, deed, indenture, or articles of incorporation, and any subsequent amendments of these instruments which created or funded the charitable trust, and pursuant to which it is administered; and
(10) A copy of the internal revenue service determination letter of exempt status, if available from the internal revenue service.
Effective: 11/27/2006
R.C. 119.032 review dates: 09/06/2006 and 11/27/2011
Promulgated Under: 119.03
Statutory Authority: 109.27
Rule Amplifies: 109.26
Prior Effective Dates: 5/3/1976, 8/31/2001