Everything You Wanted To KnowAbout State Charitable Solicitation Statutes, But Were Afraid To Ask                Karl E. E...
Speakers         • Karl E. Emerson, Of Counsel,           Montgomery McCracken         • Chuck McLean, Vice President,    ...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                          -1-• Determine wh...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                         -2-• Make sure you...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                         -3-• Make sure you...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                         -4-• Once properly...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                         -5-• Make sure all...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                      -6-• Make sure all yo...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                        -7-• Make sure any ...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                       -8-• Make sure your ...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                      -9-• Make sure your o...
The Ten Basic Things Every Charity Soliciting       Contributions Needs To Know                         -10-• Make sure yo...
Questions?                 Karl E. Emerson  Montgomery, McCracken, Walker & Rhoads, LLP            123 South Broad Street ...
Connect with GuideStar • Facebook.com/GuideStarUSA • Twitter: @GuideStarUSA; @Philanthropedia   #guidestarexchange • Googl...
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GuideStar Webinar (05/08/12) - Everything You Wanted to Know About State Charitable Solicitation Statutes But Were Afraid to Ask

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GuideStar webinar on 05/08/12.

Presenters: Karl E. Emerson, Of Counsel, Montgomery McCracken, and Chuck McLean, Vice President, Research, GuideStar USA, Inc.

http://www2.guidestar.org/rxg/news/webinars/webinar-archive.aspx

Published in: Business, Education, Technology
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GuideStar Webinar (05/08/12) - Everything You Wanted to Know About State Charitable Solicitation Statutes But Were Afraid to Ask

  1. 1. Everything You Wanted To KnowAbout State Charitable Solicitation Statutes, But Were Afraid To Ask Karl E. Emerson Montgomery, McCracken, Walker & Rhoads, LLP kemerson@mmwr.com#scss
  2. 2. Speakers • Karl E. Emerson, Of Counsel, Montgomery McCracken • Chuck McLean, Vice President, Research, GuideStar USA, Inc. (Moderator) 2#scss
  3. 3. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -1-• Determine whether your organization needs to register under the charitable solicitation statute of your home state, if any. – Charitable solicitation statutes typically require your organization to register prior to soliciting contributions. – Significant fines and penalties can be imposed for unregistered solicitation. #scss
  4. 4. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -2-• Make sure your organization is in compliance with applicable state charitable solicitation statutes in all states where it solicits contributions. – If your organization is not exempt or excluded from registration in a state where it is soliciting contributions, register as soon as possible. – Don’t wait for one or more states to “catch you”. #scss
  5. 5. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -3-• Make sure your organization’s IRS 990 Returns and other registration materials filed with the IRS and/or state registration offices are: – Accurate – Complete – Free of material falsifications, misrepresentations, and omissions #scss
  6. 6. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -4-• Once properly registered, be sure to maintain your registration by: – Filing timely extension requests each year – Renewing your registrations by the required due dates each year #scss
  7. 7. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -5-• Make sure all your organization’s professional fundraisers (both professional fundraising counsels and professional solicitors) are: – Properly registered and – Have filed copies of their contracts with state oversight agencies as required #scss
  8. 8. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -6-• Make sure all your organization’s solicitation materials contain any disclosure statements required by statutes. #scss
  9. 9. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -7-• Make sure any commercial co-venturers that are conducting charitable sales promotions for your organization are: – Properly registered – Have the required bonds – Have filed copies of your contracts and other required forms with all states where commercial co- venturers are required to register #scss
  10. 10. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -8-• Make sure your organization’s solicitation materials are: – Truthful – Free of material false statements, misrepresentations, and/or omissions Note: Make sure your organization doesn’t engage in any conduct prohibited by any state charitable solicitation statute #scss
  11. 11. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -9-• Make sure your organization is keeping true and accurate fiscal records ----- even if it is exempt from state registration requirements. #scss
  12. 12. The Ten Basic Things Every Charity Soliciting Contributions Needs To Know -10-• Make sure your organization is: – Paying all your key executives only “reasonable compensation” and not “excessive compensation” – Properly forwarding all required withholding taxes to the IRS and state taxing authorities #scss
  13. 13. Questions? Karl E. Emerson Montgomery, McCracken, Walker & Rhoads, LLP 123 South Broad Street Philadelphia, PA 19109 (215) 772-7314 kemerson@mmwr.com#scss
  14. 14. Connect with GuideStar • Facebook.com/GuideStarUSA • Twitter: @GuideStarUSA; @Philanthropedia #guidestarexchange • Google +: +GuideStar • Pinterest.com/guidestar/ • GX Connects: gxconnects.ning.com 14 #scss

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