A domestic or foreign nonprofit corporation that is organized exclusively as, or for the purpose of aiding, an educational, religious, charitable, scientific, or philanthropic institution is eligible to receive a Certificate of Exemption to issue gift annuities. N.D. Cent. Code Chapter 26.1-34.1 address the requirements for obtaining and maintaining a Certificate of Exemption. The Century Code can be accessed through the Communications section of this website.
A nonprofit corporation seeking a Certificate of Exemption to issue gift annuities must submit the following forms and items:
The Insurance Department will issue a Certificate of Exemption if the application is approved. An application may be filed at any time throughout the year. The application and fee should be sent to:
Yvonne Keniston ytkeniston@nd.gov ND Insurance Department State Capitol, fifth floor Dept. 401 600 E. Boulevard Ave. Bismarck, ND 58505-0320 701.328.2440 701.328.4880 fax
Annual renewal requirement
Annual renewal fees are not required. The Certificate of Exemption is perpetual and continues until the Department is notified that the organization intends to withdraw or no longer issues gift annuity contracts in this state.
Every Certificate of Exemption holder must file an annual audited Financial Statement (unaudited if audited not available) within 15 days of the Financial Statement's preparation. The Financial Statement may be "as of Dec. 31" or "as of June 30" of the current year, whichever is applicable. PLEASE SUBMIT AN ELECTRONIC VERSION OF THE AUDITED FINANCIAL STATEMENT AS AN EMAIL ATTACHMENT ADDRESSED TO ytkeniston@nd.gov WITH THE SUBJECT LINE "GIFT ANNUITY FINANCIAL STATEMENT."
A written notification of any corporate changes, such as a name change, address change, merger, or tax-exempt status must be sent to the Insurance Department in a timely manner. The notification should include updated documents (Charter, Articles, Bylaws, Agent of Process, tax status, etc) to reflect the change, as applicable.
Please direct any questions to:
Yvonne Keniston ytkeniston@nd.gov ND Insurance Department State Capitol, fifth floor Dept. 401 600 E. Boulevard Ave. Bismarck, ND 58505-0320 701.328.2440 701.328.4880 fax

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