Charitable Solicitation Registration Requirements

What Charitable Solicitation Registration Is

Charitable solicitation registration is a state-level requirement, separate from forming your nonprofit or getting federal tax-exempt status from the IRS, that requires an organization to register with a state agency before it asks the public for donations in that state. The registering agency is most commonly the state Attorney General's charities division, though a few states route it through the Secretary of State instead. Registration is about where you solicit donations, not where you're incorporated; a nonprofit formed in one state and raising money nationally needs to look at every state's rule, not just its home state's.

Which States Require It

Roughly 40 states require some form of charitable solicitation registration before a nonprofit solicits donations from their residents. A smaller number of states, including Delaware, Texas and Wyoming, have no general registration requirement for charitable solicitation, according to each state's own guidance, though a nonprofit operating there may still have other state filing obligations unrelated to fundraising. Because the list of which states require registration, and the specific exemptions each one offers, changes over time, check the current requirement directly with each state's charity regulator rather than relying on an old list.

The Unified Registration Statement

Many, though not all, states that require registration accept the Unified Registration Statement, a single multi-state form designed to reduce the duplicate paperwork of filing a separate application in each state. Even using the unified form, you still submit it separately to each state where you're registering, along with that state's specific fee and any state-specific supplemental information, since the unified form standardizes the application itself, not the process of filing it in multiple places.

Common Exemptions

Most states that require registration also exempt certain organizations from it, though the specific exemptions vary by state. Commonly exempted categories include:

• Religious organizations and organizations closely affiliated with a church.
• Educational institutions that solicit funds only from their own students, alumni or members.
• Organizations that raise below a small annual threshold set by that state, in some cases a few thousand dollars or less.
• Membership organizations, such as fraternal or civic groups, that solicit only from their own members.

Don't assume an exemption applies without checking the specific state's statute or charity registration guidance, since the categories and dollar thresholds differ from state to state.

How to Register, in General Terms

While each state's specific form and fee differ, the general registration process looks similar across states:

1. Confirm the state requires it and whether your organization qualifies for an exemption.
2. Gather your organizing documents, including your Articles of Incorporation, bylaws, and your IRS determination letter confirming tax-exempt status.
3. File the state's registration form, or the Unified Registration Statement where accepted, along with the state's filing fee.
4. Attach your most recent IRS Form 990, 990-EZ or 990-PF, since most states require your federal information return as part of the registration or renewal package.
5. Renew annually, typically alongside your next year's Form 990, before the state's registration expires.

California, for example, requires charities and commercial fundraisers to register with its Registry of Charitable Trusts using an initial registration form, then file an annual renewal report along with the applicable Form 990, per the California Attorney General's office.

Hiring a Professional Fundraiser Adds Another Layer

If your nonprofit works with a paid, professional fundraiser or fundraising counsel, many states separately require that fundraiser to register, and some require the nonprofit to file a copy of its contract with the fundraiser as part of the state filing. This registration is distinct from, and in addition to, the nonprofit's own charitable solicitation registration.

Penalties for Soliciting Without Registering

A state can issue a cease-and-desist order against an unregistered organization's fundraising, assess fines, and in some cases require the organization to return funds raised while unregistered. Because enforcement varies by state and can be more aggressive than many nonprofits expect, register before you start soliciting in a given state rather than treating it as a formality to catch up on later.

Track Renewal Deadlines Separately in Each State

Each state sets its own renewal date and grace period, often tied to your organization's fiscal year end rather than a fixed calendar date. A compliance calendar that tracks each state's specific deadline, rather than assuming they align, helps avoid a lapse that could interrupt your ability to solicit in that state.

Online Donations Make "Which States" a Harder Question

If your nonprofit accepts donations through a website, a state can take the position that it's soliciting there even without a targeted mailing or local event, since residents of that state can access the donation page. Many nonprofits with a meaningful online donor base register in every state that requires it, rather than trying to draw a line based on how donors found the organization.

A Charity's Good Standing With the State Still Matters Separately

Charitable solicitation registration is separate from your nonprofit's basic corporate status with its state of formation, such as filing an annual report or staying in good standing as a nonprofit corporation. A lapse in corporate good standing can complicate charitable registration renewals in some states, so keep both current.

This Is Not Legal Advice

Which states require registration, which exemptions apply to your specific organization, and how a professional fundraiser arrangement is treated are all fact-specific questions that depend on your nonprofit's activities and the current law in each state. Talk to a nonprofit attorney or a compliance professional experienced in multi-state charitable registration if your organization solicits in more than a few states.