![]() ![]() Where is a corporate annual report filed? A few states, such as Alabama, New York, North Carolina, and South Carolina, have no corporate annual report filing requirements. Thankfully, state agencies provide advance notice of upcoming renewal requirements, sent via email or postal mail to the registered agent on file. Texas, Ohio, and Pennsylvania require annual reports every 4, 5, or 10 years, respectively (although interim reporting may be required if the organization makes changes to its board, address, registered agent, or other required information). ![]() California, Iowa, Indiana, Nebraska, and Vermont only require annual reports every 2 years. While most corporate reports are in fact “annual” reports requiring a once-per-year filing, it is important to understand the filing cadence per state can vary. The annual report filing window is thus often a great time to review corporate governance compliance. Still other organizations find out that their officer positions do not align with their bylaw provisions addressing officers, which means that one or the other needs to be modified. Additionally, some organizations are lacking the requisite “President” or other officer positions, and so follow-up attention is needed for identifying these leaders. For example, some organizations are not necessarily sure of their current directors and officers, as they should be. Interestingly enough, this filing compliance occasionally reveals corporate governance issues meriting further attention. ![]() A registered agent is a person or company located in the state and designated to receive any official notices on behalf of the organization, such as service of process for any litigation or notices regarding state filings. What information is required?Ĭorporate annual reports may be the simplest of a nonprofit’s reporting requirements! A corporate annual report may only require a list of the organization’s directors and officers, addresses, and registered agent information. Furthermore, attention should be given to trade names (also known as “assumed names” or “DBAs”), which may have a periodic reporting requirement every 5 years in conjunction with the organization’s primary corporate report. states other than their state of incorporation) may be required to register for authority to do business in such states, which generally triggers additional annual or periodic report filings. Nonprofits operating in “foreign” states (i.e., U.S. Keep in mind, though, that nonprofit subsidiary LLCs, partnerships, other entities, or joint ventures may likewise have annual reporting requirements. Other than in a few states (see below), all nonprofit corporations, including churches and other entities commonly exempt from some types of filings, must file periodic corporate annual reports once they have filed articles of incorporation (or certificate of formation). More specifically, they have received recognition from a state agency as a legal entity separate and apart from their individual members or representatives under a state corporation law, whether as a not-for-profit corporation, a mutual benefit corporation, or any other corporate form the state recognizes. The vast majority of US nonprofits are incorporated. Filing compliance is nonetheless extremely important, since failure to file these reports may result in corporate dissolution and related legal compliance problems. These state annual reports may be quite minimal in nature. This article addresses the last category, through the following Q&A sections. For ongoing nonprofit legal compliance, what annual reports need to be filed? Three key types of reports may be required, depending on the specific state involved and the nonprofit’s particular activities: (1) IRS – a version of the IRS Form 990 (except for houses of worship and certain other religious organizations) for federal income tax compliance (2) state Attorney General offices, with extremely state-specific requirements for this fundraising compliance and (3) state Secretary of State office (or analogous state agencies) for ongoing corporate existence.
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