(A)(1) Except as provided in division (B) of this section or as specifically required or authorized by federal law, no agency or official of this state shall impose any filing or reporting requirement on a charitable organization, regulated or specifically exempted from regulation under Chapter 1716 of the Revised Code, that is more stringent, restrictive, or expansive than the requirements explicitly authorized by the Revised Code.

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Terms Used In Ohio Code 1716.21

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Charitable organization: means either of the following:

    (a) Any person that is determined by the internal revenue service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code;

    (b) Any person that is or holds itself out to be established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. See Ohio Code 1716.01

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Fraud: Intentional deception resulting in injury to another.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Rule: includes regulation. See Ohio Code 1.59
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: means the state of Ohio. See Ohio Code 1.59

(2) Division (A)(1) of this section shall not be construed as repealing or otherwise negating any rule or requirement already in existence as of the effective date of this section .

(3) Division (A)(1) of this section shall not be construed as negating or limiting any of the following:

(a) Any civil or criminal right, claim, or defense that the attorney general may assert under the Revised Code or common law;

(b) The authority of the attorney general to institute and prosecute an action to enforce any provision of the Revised Code the attorney general is authorized to enforce;

(c) The independent authority of the attorney general to protect charitable assets in this state.

(B) This section does not apply to any of the following:

(1) State grants and contracts;

(2) Fraud investigations;

(3) Any enforcement action taken against a specific charitable organization;

(4) Settlement agreements;

(5) Assurances of discontinuance;

(6) Court judgments;

(7) Entities operating under Chapter 2915 of the Revised Code.

Last updated July 28, 2021 at 4:36 PM