| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 51 4.2 Initial qualification. (a)
To qualify for participation in the JWOD Program: (1) A privately incorporated nonprofit agency
shall submit to the Committee through its central nonprofit agency the
following documents, transmitted by a letter signed by an officer of the
corporation or chief executive: (i) A legible copy (preferably a photocopy)
of the articles of incorporation showing the date of filing and the signature
of an appropriate State official. (ii) A copy of the bylaws certified by an
officer of the corporation. (iii) If the articles of incorporation or
bylaws do not include a statement to the effect that no part of the net
income of the nonprofit agency may inure to the benefit of any shareholder
or other individual, one of the following shall be submitted: (A) A certified true copy of the State statute
under which the nonprofit agency was incorporated which includes wording
to the effect that no part of the net income of the nonprofit agency may
inure to the benefit of any shareholder or other individual. (B) A copy of a resolution approved by the
governing body of the corporation, certified by an officer of the corporation,
to the effect that no part of the net income of the nonprofit agency may
inure to the benefit of any shareholder or other individual. (2) A State owned or State operated nonprofit
agency, or a nonprofit agency established or authorized by a State statute
other than the State corporation laws and not privately incorporated,
shall submit to the Committee through its central nonprofit agency the
following documents, transmitted by a letter signed by an officer of the
wholly owned State corporation or an official of the agency that directs
the operations of the nonprofit agency, as applicable: (i) A certified true copy of the State statute
establishing or authorizing the establishment of nonprofit agency(ies)
for persons who are blind or have other severe disabilities. (ii) In the case of a wholly owned State
corporation, a certified true copy of the corporation bylaws; and, in
the case of a State or local government agency, a certified true copy
of implementing regulations, operating procedures, notice of establishment
of the nonprofit agency, or other similar documents. (b) The Committee shall review the documents
submitted and, if they are acceptable, notify the nonprofit agency by
letter, with a copy to its central nonprofit agency, that the Committee
has verified its nonprofit status under the JWOD Act. (c) A nonprofit agency shall submit two completed
copies of the appropriate Initial Certification (Committee Form 401 or
402) to its central nonprofit agency at the time designated by the Committee.
This requirement does not apply if a nonprofit agency is already authorized
to furnish a commodity or service under the JWOD Act. [56
FR 48980, Sept. 26, l991, as amended at 59 FR 59342, Nov. 16, 1994]
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