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Request a Waiver of Late Fees - Colorado Secretary of State by keara

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									WAIVER FORM CHARITABLE SOLICITATIONS ACT LATE FEE
Office of the Secretary of State Licensing Division Charitable Solicitation Section 1700 Broadway, Ste. 300 Denver, CO 80290

Fax: 303-869-4871 lawrence.runn@sos.state.co.us

You may print and mail this form to the address listed above, email the form to the email address provided above on the right, or fax the form to the fax number listed. Date of Request * Email Address

Name of the Charitable Organization, Professional Fundraising Consultant, or Paid Solicitor *

Address

City, State, Zip Code

Registration Number

FEIN

Date Delinquent Registration Document Was Due (e.g., registration renewal) *

Date Delinquent Registration Document Was Filed *

A brief summary of the reasons, circumstances, or other justification of the bona fide personal emergency. *

Any measures the charitable organization, professional fundraising consultant, or paid solicitor has instituted or plans to institute to avoid future delinquencies, if applicable. *

Other relevant information, such as a detailed description of the website error that prevented the charitable organization, professional fundraising consultant, or paid solicitor from filing the registration document on time. *

* - Required Fields

STATE OF COLORADO Department of State
1700 Broadway
Suite 300 Denver, CO 80290

Bernie Buescher
Secretary of State Michael L. Shea
Director, Licensing & Enforcement Division

DIRECTIONS FOR COMPLETING THE LATE FEE WAIVER REQUEST FORM
Any organization which has not renewed its registration to solicit contributions, provide professional fundraising services in Colorado, or conduct a solicitation campaign on or before the due date, or filed for an extension of the deadline, will be subject to late fees of up to $100 per year for charities or up to $200 per year for professional fundraising consultants and paid solicitors. In addition, any paid solicitor which has not filed a solicitation campaign financial report by the due date is subject to a late fee of up to $200. According to Rule 7.3 of the Charitable Solicitations Rules, 8 CCR 1505-9, a charitable organization, professional fundraising consultant, or paid solicitor may request a waiver of fine. The Rule in its entirety is cited below: Rule 7.3 Any charitable organization, professional fundraising consultant, or paid solicitor registered with the Secretary of State or subject to registration under section 6-16-104(1), C.R.S., may request an imposed fine to be excused or reduced by submitting a written request by letter, email, fax or hand-delivery. The Secretary of State may consider excusing or waiving a fine only in the case of bona fide personal emergencies as defined below, or if a timely filing was not possible due to website errors. The request shall include: 7.3.1 7.3.2 7.3.3 7.3.4 7.3.5 7.3.6 7.3.7 The name of the charitable organization, professional fundraising consultant, or paid solicitor. The date of the request. The due date of the delinquently filed registration document(s). The actual filing date of the delinquently filed registration document(s). A brief summary of the reasons, circumstances, or other justification of the bona fide personal emergency. Any measures the charitable organization, professional fundraising consultant, or paid solicitor has instituted or plans to institute to avoid future delinquencies, if applicable. Other relevant information, such as a detailed description of the website error that prevented the charitable organization, professional fundraising consultant, or paid solicitor from filing the registration document on time.

Rule 7.5 and Rule 7.6 provide specific guidance as to what constitutes a bona fide personal emergency: 7.5 The Secretary of State considers a bona fide personal emergency to be a very rare exception to the commitment to fulfill the requirements of laws concerning charitable solicitations.

Main Number TDD Fax

(303) 894-2200 (303) 869-4867 (303) 869-4871

Web Site E-mail

www.sos.state.co.us licensing@sos.state.co.us

Depending on the circumstances, the Secretary generally considers one or more of the following possible justifications a “bona fide personal emergency:” 7.5.1 Personal emergencies, including but not limited to, incapacitation for medical reasons, hospitalization, accident involvement, death of persons or to members of such persons’ immediate family. Practical obstacles out of the control of the registrant which preclude timely disclosure such as the loss or unavailability of records or a computer due to fire, flood or theft. Other extraordinary reasons. These include compelling reasons beyond the registrant’s control.

7.5.2 7.5.3 7.6

The following are generally not considered a “bona fide personal emergency:” 7.6.1 7.6.2 7.6.3 7.6.4 7.6.5 7.6.6 Failure to timely file registration documents as a result of lack of planning. Priorities of accountant responsible for filing state registration forms and federal information returns (Forms 990, 990-EZ, 990-PF, 990-N, 990-T). Misunderstanding of applicable disclosure requirements and deadlines. Mistakes in electronic filing submission, including incomplete filings resulting in rejection of the filed document. Lack of access to internet or personal computer. Lack of corporate credit card or other means for making online payments.

The Secretary of State has provided the attached form for your convenience. It includes all of the information necessary to request a waiver of a fine under the Colorado Charitable Solicitations Act. You may substitute your own form or letter, but it must contain all the information required in Rule 7.3 in order to be considered. Any request that does not contain all elements of the request will be administratively rejected. Once the Secretary of State has received a complete request to waive late fees, the Charities and Fundraisers Registration program staff will conduct an investigation to determine whether there is a bona fide personal emergency which might justify excusing or reducing an imposed late fee. Following that determination, staff will generate a letter to the charitable organization, professional fundraising consultant, or paid solicitor notifying the registrant of the decision. Barring any unusual facts and circumstances, applicants may expect a decision within 15 days of the date this office receives a complete waiver request form. As a reminder, all requests for a waiver of the late fee must be in writing.


								
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