State Solicitation Registrations

One of the “hottest” areas in the exempt organization sector involves the requirement in most states (38) for charitable organizations to register in a state if they are soliciting contributions in that particular state. In some states, the consequences for failing to register when required to do so can be severe. For example, monetary penalties can be levied and a charitable organization can be banned from soliciting in a particular state if they fail to register in a timely fashion.

Accordingly, we are available to help our charitable clients initially register in those states that they are required to do so and also to help prepare the annual renewal filings that most states require if a charitable organization is soliciting contributions in their particular state. We take a very practical “real world” approach to our state solicitation registration filings based upon our extensive experiences working with over 20 clients in this area.

Regarding the undertaking of initial and renewal state solicitation registrations, we have the experience and expertise to provide valuable guidance to our charitable clients, including the addressing of the following important issues:

  • When is a charity required to register in a particular state?
  • When is a charity considered to be soliciting in a “foreign” state?
  • What specific information and documents need to be submitted with a registration?
  • What is required after the initial registration; are there annual required filings?
  • What are the consequences for failing to register with a particular state?
  • What, if any, filing exceptions exist in a particular state; for example, do university auxiliaries need to register?
  • Which states do not require a charity to register to solicit contributions in their particular state?
  • Which states require charities to register with them just by virtue of the charity having a “Donate Now” button on their web site?