Demystifying State Charity Registration

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In this presentation, I why nonprofit organizations need to register by state as a charity, how to register, the Unified Registration Statement, a plan to get started with state charity registration, and resources for charity solicitation registration.

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Demystifying State Charity Registration

  1. 1. Demystifying State Charity Registration Tony Martignetti, Esq. Author: Charity Registration: State-by-State Guidelines for Compliance © 2014 Martignetti Planned Giving Advisors, LLC
  2. 2. The Registration Morass • Solicitation based – Web; email; U.S. mail; events; ads • State requirements – 49 + D.C. • • • • Lots of forms Lots of time Some money Gotta do it tonymartignetti.com 2
  3. 3. Why Register • IRS Form 990 asks • Some states have criminal & civil liabilities – FL: 3rd degree felony • Up to 5 years & $5000 – NY: fraud • Recent enforcement actions • Board member liability • Disgruntled relatives find enterprising attorneys – Challenge your illegal solicitations • It’s the right way to operate: inside the laws where you solicit tonymartignetti.com 3
  4. 4. How To Register • Registration categories – Charity – Foreign corporation • Check the exemptions! • Unified Registration Statement (URS) – What it is & how to use it • • • • URS only states URS+ states Non-URS states Annual financial reporting tonymartignetti.com 4
  5. 5. A Plan To Get Started • • • • Line up internal partners & stakeholders Who’s in charge Register in home state Register in very high fundraising revenue states, if any – Dollar amount – Percentage of fundraising revenue • Register where you do the most soliciting – Web based – Non-web based • Possible safe harbor for web solicitations tonymartignetti.com 5
  6. 6. Learn More . . . • • • • my blog tonymartignetti.com Tony Martignetti Nonprofit Radio podcast nasconet.org (state charity officials) multistatefiling.org (URS & related) tonymartignetti.com 6

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