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Legal Alert

April 21, 2011

NJ Youth and Family Project

 

The Frances L. & Edwin L. Cummings Memorial Fund

has provided a grant to the Pro Bono Partnership to provide free business legal services to New Jersey nonprofit organizations serving youth and families in Bergen, Essex, Hudson, Passaic and Union Counties.

 

As part of this project, the Partnership administered a state-wide survey to determine the legal issues of greatest concern to such agencies.  The results included many issues, among them financial reporting requirements and charitable registration, which are addressed in this legal alert.  

 

NJ Raises Charities' Audit Threshold to $500,000  

 

Charitable Registration & Investigation Section (CRIS) of the New Jersey Division of Consumer Affairs recently re-issued its regulations governing charities operating in New Jersey.  Most of the changes are cosmetic in nature or conform the regulations to the accepted practices the CRIS has been following.  Perhaps the most significant change for smaller nonprofits is the increase in the dollar threshold for when charities must prepare and submit to CRIS audited financial statements with their annual charity renewal registrations. 

 

In New Jersey, a charity that raises more than $10,000 in gross contributions during its fiscal year generally must register with CRIS within 30 days of exceeding $10,000.  Thereafter, the charity must file annual renewal registrations.  If gross contributions exceed $25,000, the charity must use the "long form" for its initial and renewal registrations.

 

As part of the annual renewal registration process, a long-form filer must submit an annual financial report with CRIS.  If the charity received more than $500,000 in gross revenues during its fiscal year, then the financial report must be audited by an independent certified accountant.  Prior to the amendments, the threshold was $250,000.  The new, higher threshold is effective as of February 22, 2011.

 

Most of the other substantive changes to the regulations pertain to fund raising counsel and independent paid fund raisers, and the contracts they have with charities.

 

The final revised regulations issued by CRIS (43 N.J.R. 439(a)) are available at www.nj.gov/lps/ca/adoption/charado_022211.htm.  To see the actual changes that were made by CRIS in highlighted mode, read the proposed amendments (42 N.J.R. 1676(a)), which were all adopted as proposed, at www.nj.gov/oag/ca/proposal/charitiespro_080210.htm.

 

To read more about charitable registration in New Jersey, see the Pro Bono Partnership's article on the topic at

http://www.probonopartner.org/publications.htm under the Tax, Fundraising, and Registration section.   

 

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Pro Bono Partnership 

www.probonopartnership.org 

 

The Pro Bono Partnership provides business and transactional legal services to nonprofit organizations serving the disadvantaged and enhancing the quality of life in neighborhoods throughout New Jersey, New York and Connecticut.  Each year we mobilize and support hundreds of lawyers from leading corporations and law firms who volunteer their legal expertise to our clients, enabling them to more effectively feed the hungry, house the homeless, promote the arts, protect the environment and provide essential programs to children, the elderly, immigrants, the disabled and the unemployed.