Tab 13: Required Annual Legal Filings
and Disclosure of Current Investigations
The community foundation submits all the required annual legal filings for its individual state. Because the specific legal filings vary from state to state, different evidence is required for each state.
Material Changes: N/A (included in board resolution)
For more information, review Core materials, FAQs and a glossary of important terms
Related Standards
II. Mission, Structure and Governance
II.F.9 A community foundation's governing body ensures that the community foundation meets all legal requirements.
Key Elements
- Evidence that required annual legal filings are made. Evidence includes both of the following:
- submission of required annual state legal filings for review (Annual filings must include the signature of the appropriate community foundation staff person.)
- signed statement from the community foundation that all required local filings are met
- Signed statement from the community foundation indicating whether or not the organization is currently under state, local or federal investigation or audit. This would include an audit by the Internal Revenue Service. If the organization is currently under such investigation, describe the nature of the investigation or audit.
Required Documents
- Annual legal filings for your state
How can I find out what state filings are to be submitted?
Please check in the resources for a listing of the state documents that must be submitted. Please note that this listing is subject to change per fluctuations in relevant state laws.
The key element under Tab 13 requires community foundation to provide evidence that annual legal filings are made. Because the specific legal filings vary from state to state, different evidence is required for each state. In many states, this will include evidence that the community foundation has filed with the state agency charged with overseeing corporations (secretary of state, department of commerce, etc.). To demonstrate compliance, a community foundation may either provide copies of the actual filings or a current certificate of good standing issued by the relevant governmental body.
Reviewers will check required annual filings against a state-based listing of requirements to be provided by the Council.
What are the state filing rules regarding trusts?
Trusts are not similarly regulated at the state level and generally do not have similar reporting obligations. Therefore, if a community foundation is solely in trust form and does not report to a state agency that oversees corporations, the community foundation may include a signed statement certifying this fact and that the community foundation is in compliance with any and all legal filings required by the court or other supervisory body to which the trust periodically reports.
Note that this does not relieve community foundations in trust form from submitting information showing that they have complied with charitable solicitation filings within any applicable state.
What impact will a current investigation or audit have on the confirmation of compliance process?
A current investigation or audit would not bar a foundation from being confirmed in compliance. However, such information will be relevant in the review process if it indicates a failure to meet legal requirements.
Currently there are no glossary terms terms unique to this tab. If you would are looking for a specific definition,
see a full list of glossary terms.
Reconfirming?
Review all key elements and consider if your organization has made changes to your policies, powers or practices.
Pay special attention to key elements and core materials marked with ![[R icon]](/images/icon_reconfirm_body.gif){kind=icon}
and a ![[P icon]](/images/icon_pension_body.gif){kind=icon}
. These represent minimum requirements for reconfirmation as well as Pension Protection Act requirements. Items marked with a are particularly critical for those who submitted record books prior to January 2007.
Document your compliance with each of these items as well as with all other key elements where support materials may have changed.
Other Tab 13 Resources