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§ 341. Automatic Suspension.

11 CA ADC § 341Barclays Official California Code of RegulationsEffective: March 26, 2024

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 4. Regulations Adopted Pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Refs & Annos)
Article 3. Administrative Enforcement of the Supervision of Trustees and Fundraisers for Charitable Purposes Act
Effective: March 26, 2024
11 CCR § 341
§ 341. Automatic Suspension.
Currentness
(a) A registration shall be automatically suspended if any of the following occur:
(1) The registrant's tax-exempt status is suspended or revoked by the Internal Revenue Service or Franchise Tax Board.
(2) The registrant fails to file the periodic written reports or pay the fee required by sections 301 to 307 of these regulations for three consecutive years.
(3) A corporation's corporate status is suspended or revoked by the California Secretary of State.
(4) Failure of a commercial fundraiser for charitable purposes to maintain a valid bond or cash deposit in the amount required by law.
(5) Failure of a commercial fundraiser for charitable purposes, fundraising counsel for charitable purposes or commercial coventurer to file a completed annual registration form, including the payment of the required fees, on or before January 15. This provision does not apply to a commercial coventurer that meets the exemption requirements of Government Code section 12599.2, subdivision (b).
(6) Failure of a commercial fundraiser for charitable purposes or a commercial coventurer to file completed annual financial reports on or before January 30. This provision does not apply to a commercial coventurer that meets the exemption requirements of Government Code section 12599.2, subdivision (b).
(7) Failure of a charitable fundraising platform to file a completed annual registration renewal form, including payment of the required fee, on or before January 15, when registration renewal is required.
(8) Failure of a charitable fundraising platform or platform charity to file a completed annual report on or before July 15, when the report is required.
(b) Prior to suspending the registration, the Attorney General shall mail a notice to the registrant. The notice shall identify the reason for the suspension and shall provide information to the registrant about what is needed to resolve the suspension. If the Attorney General does not receive the information needed to resolve the suspension within 30 days of the issuance of the notice, the registration is suspended.
(c) A registrant must notify the Attorney General in writing within 10 days of any change in its tax-exempt status or corporate status.
(d) A registration that has been continuously suspended for one year pursuant to this regulation shall be automatically revoked.
(e) A registrant whose registration has been automatically suspended may appeal the suspension in the manner prescribed by Article 3 of these regulations; however, the suspension shall remain in effect while the appeal is pending.
(f) The registration of any person or entity that fails to timely pay a penalty shall be automatically suspended until the fine is paid and no registration shall be renewed until the fine is paid.
(g) The Attorney General may stay or set aside, in writing, the suspension order and may require the registrant to comply with specific terms and conditions to stay or set aside the suspension order.
(h) The suspension will remain in effect until the Attorney General notifies the organization in writing that the suspension has been set aside.

Credits

Note: Authority cited: Sections 12581, 12585, 12586, 12587, 12598 and 12599.10, Government Code. Reference: Sections 11400 et seq., 11500 et seq., 12581, 12584, 12585, 12586, 12597, 12598, 12599, 12599.1, 12599.2, 12599.5, 12599.9 and 12599.10, Government Code; Sections 2205, 5008.6, 6810, 8810 and 6910, Corporations Code; and Section 23775, Revenue and Taxation Code.
History
1. Renumbering of section 999.9.1 to new section 341, including amendment of section and Note, filed 3-26-2024; operative 3-26-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 11, § 341, 11 CA ADC § 341
End of Document