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.

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)
tonymartignetti.com
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