AG Announces Charities Compliance Sweep.
The Office of the Attorney General has started sending out notices to charities across the state that are delinquent in their registration and reporting requirements as required by the Charitable Solicitations Act. The sweep offers delinquent charities the opportunity to come into compliance without having to face formal legal action.
Attorney General Balderas said "I am offering charities the opportunity to self-report and come into compliance with state law without facing formal legal action from our office. However, if out of compliance charities do not take this opportunity, they will face the consequences of action by the Office of the Attorney General."
The registration and reporting requirements imposed by the Charitable Solicitations Act serve the charitable community and the public by providing easily accessible information to support the charities' duty of transparency, and to allow the public to view tax forms and other documents on the internet as they determine the best recipient of their charitable donations.
All organizations in New Mexico that have tax exempt status from the IRS under section 501(c)3 or which hold themselves out as having a charitable purpose must register with the Office of the Attorney General and provide annual reports if they are to lawfully exist, solicit or operate in New Mexico.
Failure to do so may result in legal action by the Attorney General to stop a non-compliant charity from pursing its mission in New Mexico.
It is a charity's responsibility to register with the Office of the Attorney General. However, rather than proceeding directly to formal legal action against delinquent charities, the Charities Compliance Sweep provides notice to charities of any delinquencies and the opportunity to come into compliance voluntarily.
Voluntary compliance allows the charity to avoid the expense, inconvenience and potential harm to the reputation an organization may face if it is a named defendant in a lawsuit brought by the Attorney General.
Regardless of whether a charitable organization has yet received notice, Attorney General Balderas encourages all charitable organizations to review their compliance status on the electronic registration and reporting system to remedy any potential late or incomplete reports.