14 Ill. Adm. Code 480.30
Registration
Section 480
Section 480.30 Registration
a) Trustees subject to the Act holding property with a value in
excess of $4,000 must file with the Attorney General a registration statement
in the forms set forth by the Attorney General entitled "CO-1"
(Charitable Organization Registration Statement) and "CO-2"
(Charitable Organization Financial Information Form) available on the Attorney
General's website at:
https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, prior to
any disbursement or within six months after property is received for charitable
purposes, whichever occurs first.
b) Trustees who hold property in excess of $4,000 during any 12
month period are required to register.
c) Upon termination of, or resignation by, a charitable trustee,
the charitable organization shall notify the Attorney General in writing within
ten days of such fact.
d) Each trustee, officer or director is responsible for accurate
record keeping and for the timely and accurate filing of financial reports
required by the Attorney General. Resignation of such trustee, officer or
director shall not avoid or diminish these record keeping and filing
responsibilities for any period during which such person held office.
e) Each trustee has a fiduciary obligation toward: the trustee's
charitable organization; charitable monies; donors; and unknown charitable
beneficiaries as described by the charitable organization's stated purpose or
the purpose for which charitable monies were collected.
f) To register, a charitable trust must file a completed
registration statement, all required statutory fees and all appropriate
attachments. All registrations must be accompanied by copies of the instrument
under which the property is administered, financial statements for each year
during the past three years in which the organization has held or solicited
charitable funds in Illinois, along with executed copies of the tax returns or
reports filed with the Internal Revenue Service for those three years. Organizations
that have been in existence for less than one year must submit the form
prescribed by the Attorney General entitled "CO-2" (Charitable
Organization Financial Information Form), available on the Attorney General's
website at: https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.
Where there is no written instrument, the trustee must prepare an affidavit
setting forth the conditions of the trust. The registration must be made by two
officers of a corporate charitable organization or by two trustees if not a
corporate organization. One signature will be accepted if there is only one
officer or trustee. Additional prior years' reports and schedules may be
required at the discretion of the Attorney General.
g) The Attorney General may, by pre-approval, accept registration
forms used by other states that contain the information required in the form
prescribed by the Attorney General entitled "CO-1" (Charitable
Organization Registration Statement) available on the Attorney General's
website at: https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.
h) When a registration is cancelled, to return to compliance, a
re-registration must be made. Re-registration requires the submission of all
of the above as applicable, including the re-registration penalty fees as
provided by Section 5(b) of the Act.
i) When a charitable trust combines the interest of living
private individuals with charitable interests, confidential registration may be
made.
j) A confidential registration statement shall contain the
information required by Section 480.30(f) and also two additional copies of the
trust instrument from which are redacted the names of the individual
beneficiaries who have an interest in a trust that is combined with a
charitable interest as described in Section 480.30(i).
k) The trustee shall notify the Attorney General of any changes
in the registration information within 30 days of the changes.