At the state level, charity regulation can be challenging to navigate. While most states require nonprofits to register if they want to engage in fundraising, each state charity office has its own structure, staffing pattern, and set of responsibilities for overseeing issues like registration and fundraising.
An annual survey by the Giving USA Foundation of laws regulating charitable solicitations covers the legal landscape state by state, detailing which regulatory agencies oversee charities, their registration requirements (such as cost and frequency), and the types of disclosures they demand from paid fundraisers.
Failure to properly register can lead to an organization being barred from soliciting in a particular state, as was the case with the Donald J. Trump Foundation in New York.Nonprofits should refer to this document as an introduction to the regulatory landscape before engaging in fundraising activities — but keep in mind that requirements change frequently and it’s wise to consult an attorney to ensure full compliance.The report is available for purchase online.
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