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FUNDRAISING COMPLIANCE GUIDE

Charitable solicitation registration and compliance
View Guide Contents
Fundraising Compliance Guide
IntroductionOnline FundraisingUnified Registration Statement (URS)Charitable
Solicitation DisclosuresCharitable Registration Audit RequirementsFundraising
With ProfessionalsCommercial Co-Ventures and Cause Marketing
Charitable Gaming
Charitable Gaming Compliance
Fundraising by State
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of
ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew
HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth
DakotaOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth
DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming
Charitable Gift Annuity
Charitable Gift Annuity Compliance
Licensing by State
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of
ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew
HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth
DakotaOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth
DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming
Charitable Registered Agent Closing Licenses vs. Letting Them Lapse
Fundraising Compliance Info by State
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of
ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew
HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth
DakotaOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth
DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming
Next: Online Fundraising
2:31
●●●●
What is Charitable Solicitation Registration?
When are Charitable Solicitation Registrations Due?
What's Required to Register?
Other Names for Registrations









Nonprofits that raise funds from the public must comply with charitable
solicitation registration requirements. Charitable solicitation is regulated at
the state level, and the requirements vary by jurisdiction. Forty-one
jurisdictions currently require nonprofits to register to solicit their
residents, and 25 require certain information be disclosed on solicitation
materials. This guide provides an overview of the steps you’ll need to take to
maintain compliance nationwide. To streamline the process, explore the benefits
of fully managed charitable solicitation registration, which combines our
compliance expertise with user-friendly technology to reduce your workload by up
to 99%.


WHY IT MATTERS

First and foremost, charitable solicitation registration requirements are law,
and as such, should not be taken lightly. Beyond that, donors care that the
organizations they give to are doing all they can to be transparent about their
fundraising activities. The rise of charity rating websites like Charity
Navigator—who we’ve partnered with to produce educational content like our free
white paper on navigating the complexities of charitable solicitation
registration—gives credence to the fact that donors expect accountability from
the organizations they give to. The internet has made it simpler than ever for
prospective donors to investigate organizations prior to giving, and charities
bureaus offer searchable databases of the entities registered in their
jurisdictions.

Organizations that register for charitable solicitation join the ranks of the
most trustworthy groups out there. Becoming licensed engenders trust from donors
and sets the applicant apart from the crowd. Compliance can and should be a
badge of honor. The requirements, while complex, present an opportunity for
organizations to demonstrate how serious they are about protecting their donors
and ensuring their conduct is beyond reproach. Public trust is the most
important currency for any nonprofit, and the foundation of that trust lies in
complying with state laws.

Created with Raphaël
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23 Charitable Solicitation Registrations and Disclosure Statements Required
2 Disclosure Statements Required
18 Charitable Solicitation Registrations Required
9 Not Required (but Other Solicitation Laws May Apply)

Nationwide compliance is a license to fundraise without inhibition. It provides
peace of mind to fundraisers and opens doors to future campaigns no matter the
venue or format. Additionally, many grant applications and other sources of
funding can only be applied for after the charitable registration has been
completed. Having these registrations in place beforehand allows groups to
nimbly respond to grantmakers’ requests and avoids disqualification. Charitable
solicitation registration can be a daunting task. Diverse requirements across
jurisdictions, competing deadlines for renewals, and ever-changing legislation
make it difficult to stay ahead of the curve. That said, the investment is well
worth it.

SAVE RESOURCES WITH EXPERTLY MANAGED FUNDRAISING COMPLIANCE

For many organizations, fundraising registration and renewal can consume roughly
200 hours of work each year. See how turning to our compliance experts can
drastically reduce your workload.
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CONSEQUENCES OF UNLICENSED SOLICITATION

State penalties for unlicensed solicitation are diverse and can be severe.
Soliciting prior to registering, failure to register after receiving funds,
filing late renewal applications, or facing complaints filed by the public can
all trigger adverse consequences, which can include:

 * States fines, late fees, and penalties
 * Civil and criminal action against officers and directors
 * Revocation of tax exempt status
 * Denial of the right to solicit funds
 * Negative publicity
 * Damaged relationships with donors and grantmakers
 * Lost donations or grants


CHARITABLE REGISTRATION REQUIREMENTS

Definition - Charitable Solicitation Generally speaking, this is the simple act
of asking for something of value. It can take many forms. Conventional examples
include fundraising events, direct mail, phone calls, emails, and radio and
television ads. Also, online fundraising via a “Donate” button on your website
or through social media may constitute charitable solicitation. Other common
methods include applying for grants or collecting membership dues. Definition -
Charitable Registration Known colloquially as fundraising registration, this is
the process by which a nonprofit becomes licensed to solicit funds in a
jurisdiction with charitable registration requirements. It involves submitting
paperwork to the state charities bureau, usually managed by the state attorney
general or secretary of state.

Forty-one jurisdictions have registration requirements that are triggered by
solicitation. The remaining 10 do not require registration per se, but some do
require disclosure statements to be included on solicitation materials. In
total, 45 jurisdictions have some form of regulation related to charitable
solicitation. Solicitations made by the nonprofit on its own are the most common
reason for registering. However, solicitations made through professional
solicitors, fundraising consultants, commercial co-ventures, charitable gift
annuities, or games of chance not only trigger charitable registration
requirements, but may require additional licensing.

These registrations are designed to protect donors from illegitimate
organizations fraudulently soliciting funds for non-charitable causes.
Additionally, they protect the charitable community from the negative publicity
illegal solicitors create.


APPLICATIONS

Completing registration applications generally involves submission of the
jurisdiction’s specific form, a filing fee, and supporting documentation.
Applications typically must include the organization’s IRS Determination Letter,
IRS Form 990, and a list of officers and directors, among other items. Fees vary
by jurisdiction and are often calculated based on total gross revenue in the
previous year or amount of contributions received in the jurisdiction.


EXEMPTIONS

Definition - Registration Exemption Permission by a jurisdiction for certain
entities to avoid filing typical charitable registration applications.
Organizations that qualify for exemptions must generally submit an exemption
request or other paperwork in place of the typical application. Exemptions may
be granted based on organization-specific factors. For example, if an
organization’s annual contributions do not meet a given jurisdiction’s threshold
for requiring registration, the group would not need to file an application.
Another determining factor would be the methods of solicitation the organization
uses. Special exemptions may also exist for specific religious, educational,
political, governmental, fraternal, membership-based, or healthcare-related
organizations.

In many jurisdictions, certain groups can be exempt from registration, including
those that receive less than a certain amount of contributions annually.
Exemptions themselves typically require an application and also require renewal
on an annual basis. As a result, exemptions may reduce an organization’s filing
fees but will not necessarily lighten its workload. Organizations that file
exemptions still face the challenges of tracking changing jurisdiction
requirements, preparing applications, managing renewals, and monitoring
fluctuations in annual contributions.

In 25 jurisdictions, charities are required to include disclosure statements on
their solicitations. The specific required language varies by jurisdiction.
Generally, disclosures inform donors where to obtain more information about a
nonprofit, either from a government agency or from the organization itself.
Disclosures typically must be included on any written solicitations, including
the organization’s website if they’re soliciting online.


RENEWAL REQUIREMENTS

Definition - Charitable Solicitation Registration Renewal Like the initial
application for charitable registration, these forms need to be submitted at
regular intervals to keep the charities bureaus apprised of changes in a
registrant’s status and financials. Their due dates vary by jurisdiction but are
generally based on some number of months following the close of the registrant’s
fiscal year. For example, a registrant may be required to file 4.5 months
following the close of their fiscal year.

Charitable solicitation registrations must be renewed, typically on an annual
basis. Like initial registrations, renewal applications involve a specific form
and supporting documentation. However, the application process and fee
structures are often different than those used in the initial registration.
Organizations can expect to file their most recent financial information with
their renewals, which is typically the Form 990 and audit. Some jurisdictions
require organizations to provide organizing documents and bylaws each year,
while others require that they be submitted only once. Each jurisdiction
requires renewal applications to be submitted at different times throughout the
year. Four months and 15 days after the close of an applicant’s tax year (May 15
for organizations on a calendar tax year) is a common renewal date. Keeping
track of varied due dates is one of the major challenges of charitable
solicitation compliance.


EXTENSIONS

Definition - Charitable Solicitation Registration Renewal Extension Similar to
the IRS Form 8868 extension some organizations file on their 990 tax return,
these forms allow applicants to push back the deadline of charitable
registration renewal applications. Since states require information from the 990
to be included on the renewal application, extending the due date of that filing
will be necessary whenever the return is not available before the regular due
date.

For organizations that have a calendar tax year, renewal deadlines of May 15
pose an additional challenge, since that is the same day that Form 990 is due to
the IRS. Larger organizations tend to struggle to meet state charitable
solicitation renewals and IRS deadlines. The 990 and financial audit often are
not ready in time for the applicant to file renewals by the regular deadline. In
these cases, it is necessary to file an extension with each jurisdiction in
order to stay in good standing. The process of filing for an extension varies in
every jurisdiction but often includes submitting a copy of IRS Form 8868 to the
charities bureau.


FILING METHODS

Most jurisdictions require organizations to file initial and renewal
registrations by paper. A handful of jurisdictions require online filing, and
more jurisdictions are transitioning to using an online system. Some
jurisdictions allow charities to file by email or fax, but for large
organizations, these methods tend to be more inconvenient than sending a packet
by mail.


ONLINE FUNDRAISING

The ubiquity of the internet allows tax exempt entities to solicit funds
worldwide at the click of a button. It is a tremendous opportunity for many,
however it also poses unique compliance challenges. Donors can access online
solicitations anywhere at any time. Since registration requirements are
triggered by the act of soliciting and not by the receipt of funds, simply
displaying the option to donate on an organization website, social media page,
or giving day page generally triggers registration requirements everywhere.


ANCILLARY REQUIREMENTS

Definition - Registered Agent A legal appointee located within a given
jurisdiction intended to receive service of process deliveries and other legal
or government notices on behalf of a legal entity. State law requires that all
entities have one listed in their formation documents on state record, but
appointments for other purposes, such as licensing, are common. Definition -
Foreign Qualification The process by which a certificate of authority is
retrieved from another jurisdiction. It is required prior to transacting
business in a new jurisdiction for the first time, and it involves the
appointment of a registered agent in the secretary of state records. For
example, an entity formed in Delaware that wishes to open an office in the
Pennsylvania would need to first secure a certificate of authority and appoint a
registered agent in Pennsylvania’s state records. Definition - State Tax
Exemption Permission by a jurisdiction for certain entities to avoid paying
franchise or business taxes. It is automatic for 501(c)(3) entities in most
states. However, others may require an additional filing to avoid having to pay.
Foreign qualification triggers tax requirements in most jurisdictions. To avoid
having to pay the tax, the entity would file for the exemption following foreign
qualification.

Five jurisdictions require charities to register as a foreign nonprofit
corporation with the secretary of state. This process is referred to as foreign
qualification. Foreign qualification involves filing an application for
authority and appointing a registered agent. The registered agent must be
located within the jurisdiction and is responsible for receiving service of
process and other legal documents on behalf of the organization. 11
jurisdictions may require nonprofits to list a registered agent on their
charitable solicitation forms but do not require qualification with the
secretary of state.

Continue reading “Online Fundraising”

YOUR ALL-IN-ONE FUNDRAISING COMPLIANCE SOLUTION

Managing state fundraising registrations can be a hassle to even the most
efficient organizations. See how our expert service and purpose-built software
combine to reduce your workload by up to 99%.

Learn More

RELATED RESOURCES

Webinar
Charitable Solicitation
What does it take to be compliant?
Thursday, September 16th at 1:00 - 2:00PM ET
White Paper
Charitable Solicitation Compliance
An explanation of increasingly complex state charity requirements.
Revised January 22, 2020. Complete data last reviewed June 15, 2018.


REFERENCE RESOURCES

FUNDRAISING COMPLIANCE INFOGRAPHIC

A visual guide to charitable solicitation registration Read More

DIRECTORY OF CHARITABLE SOLICITATION AUTHORITIES

Find the charitable division, bureau, or other filing authority in your state.
Read More

CHARITABLE SOLICITATION LAWS

Find the charitable solicitation law in your state. Read More

FUNDRAISING COMPLIANCE MADE SIMPLE

Want to fundraise legally and appeal to donors? And without spending precious
resources managing state registrations and renewals? See what our compliance
service and technology can do for your organization.

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