The Catholic University of America

Summary of District of Columbia Laws

Corporations

Nonprofit Corporations

D.C. Code Ann. 29.101.01 et seq.; § 29-301.01 et seq.; § 29-321.01 (private foundations) 

A nonprofit corporation may be formed pursuant to the "D.C. Nonprofit Corporation Act." See D.C. Code Ann. § 29-301.01 et seq. Purposes for organization under these provisions may include any lawful purpose or for charitable, religious or educational purposes. Organization of a corporation must follow corporate formalities for names, articles of incorporation, etc., or the institution could incur liability for non-compliance.

The way the new non-profit law is structured (D.C. Code § 29-107.01 (c)) it can be read to allow any nonprofit corporation chartered by a special act of Congress that previously elected to come under the D.C. non-profit law to elect to become a domestic nonprofit corporation under Title 29 or to register as a corporation registered by special act of Congress. Catholic University chose to retain status as a Congressionally chartered corporation. 

See 60 DCR 13139 Sept. 20, 2013 for the DCMR provisions that accompany the law.

A biennial report must be filed with DC every other April 1, with the first new report due April 1, 2014 and every two years thereafter. This requirement applies to both Congressionally chartered and regular DC non-profit corporations.

Please see the DC Higher Education Licensure Commission (HELC) Page for the annual data survey report that is due, which is a separate and distinct filing requirement.

The HELC now serves as the portal agency for State Authorization Reciprocity Agreements. 

Resources

Title 17 Business Organizations CDCR 17-707 Requirements for Nonprofit Corporations Formed by Special Act of Congress

Forming a Nonprofit Corporation in the District of Columbia***

Venable Summary (Powerpoint) of  New D.C. Non-Profit Corporation Act ***

Pillsbury Winthrop Side by Side Comparison of New and Old DC Non-Profit Corporation Act***

Pillsbury Client Alert dated 10/24/11 on the New DC Nonprofit Corporation Act***

 

 

 

 

updated 7-3-17 MLO