The document outlines the complexities of state charity registration for fundraising activities, highlighting the need for compliance across various states in the U.S. It discusses the implications of failing to register, including potential legal liabilities and the importance of following proper procedures. Additionally, it provides guidance on how to begin the registration process and resources for further information.

1. Demystifying
State Charity
Registration
Tony Martignetti, Esq.
Author: Charity Registration: State-by-State Guidelines for Compliance
© 2014 Martignetti Planned Giving Advisors, LLC

2. The Registration Morass
• Solicitation based
– Web; email; U.S. mail; events; ads
• State requirements
– 49 + D.C.
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Lots of forms
Lots of time
Some money
Gotta do it
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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
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4. How To Register
• Registration categories
– Charity
– Foreign corporation
• Check the exemptions!
• Unified Registration Statement (URS)
– What it is & how to use it
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URS only states
URS+ states
Non-URS states
Annual financial reporting
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5. A Plan To Get Started
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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
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6. Learn More . . .
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my blog tonymartignetti.com
Tony Martignetti Nonprofit Radio podcast
nasconet.org (state charity officials)
multistatefiling.org (URS & related)
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