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CHARITABLE SOLICITATION What does it take to be compliant?
INCLUSION by design October 2 - 3, 2017 Presented by: Ify Aduba
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INTRODUCTION TO US YOUR PRESENTER Ify Aduba
Harbor Compliance provides services and software to help executive teams and boards manage compliance. We have a proven track record of success in all stages and aspects of charitable solicitation compliance including registrations, exemptions, extensions, renewals, corporate qualifications, and registered agents. YOUR PRESENTER Ify Aduba Nonprofit Compliance Specialist (direct) Harbor Compliances is not an accounting or legal firm and does not provide tax, financial, or legal advice.
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WHAT WILL WE COVER? State registration requirements Online fundraising
Why compliance should be a priority What it takes to register, including the costs How to manage registrations and simplify the process
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CHARITABLE SOLICITATION COMPLIANCE
From the Internal Revenue Service Many states have laws regulating the solicitation of funds for charitable purposes. These statutes generally require organizations to register with a state agency before soliciting the state's residents for contributions, providing exemptions from registration for certain categories of organizations. In addition, organizations may be required to file periodic financial reports. State laws may impose additional requirements on fundraising activity involving paid solicitors and fundraising counsel. 41 states require registration 24 states require disclosure statements
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Solicitation = Asking for donations DO THESE REQUIREMENTS APPLY TO US?
Common forms of solicitation: Fundraising events Direct mail Phone calls s Online fundraising Applying for grants Radio and TV ads Collecting membership dues Auctions, bingos, raffles, games Professional solicitors, fundraising consultants, or commercial co-ventures
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1 2 OR ONLINE FUNDRAISING Two practical approaches:
Register or file an exemption in all 41 states OR Do not accept online contributions from states in which you are not registered Ways to solicit online: Quick notes about The Charleston Principles: State guidelines; not law Only 19 state follow them “Donate Now” buttons Social media
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Solicitation is the key
WHERE DO WE NEED TO REGISTER? Solicitation is the key TAKE ACTION! Review solicitation in each of the 41 states Compliance may mean filing registrations or exemptions Educate your organization on the meaning of solicitation and review your fundraising footprint.
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WHY COMPLIANCE SHOULD BE A PRIORITY
Risks and consequences of noncompliance State fines and penalties Bad PR and embarrassment Loss of state recognition of tax exemption Revocation of right to solicit Enforcement actions and audits Liability for officers and directors Missed grant and donation opportunities TAKE ACTION! Communicate to your organization why compliance should be a priority.
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1 2 3 4 WHAT DOES IT TAKE TO REGISTER? Research Apply Monitor Renew
Registration status Application forms, fees, and supporting documents Other state pre-requisites 2 Apply Mail, fax, and online applications State fees range from $1,400-5,000 for 41-state registration 3 Monitor Process times vary from a week to several months Follow up with states to ensure approval Track renewal dates File renewal applications Stay current with legislative changes 4 Renew
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1 2 3 4 WHAT DOES IT TAKE TO REGISTER? Research Apply Monitor Renew
Registration status Application forms, fees, and supporting documents Other state pre-requisites 2 Apply Mail, fax, and online applications State fees range from $1,400-5,000 for 41-state registration 3 Monitor Process times vary from a week to several months Follow up with states to ensure approval Track renewal dates File renewal applications Stay current with legislative changes 4 Renew
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1 2 3 4 WHAT DOES IT TAKE TO REGISTER? Research Apply Monitor Renew
Registration status Application forms, fees, and supporting documents Other state pre-requisites 2 Apply Mail, fax, and online applications State fees range from $1,400-5,000 for 41-state registration 3 Monitor Process times vary from a week to several months Follow up with states to ensure approval Track renewal dates File renewal applications Stay current with legislative changes 4 Renew
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1 2 3 4 WHAT DOES IT TAKE TO REGISTER? Research Apply Monitor Renew
Registration status Application forms, fees, and supporting documents Other state pre-requisites Mail, fax, and online applications State fees range from $1,400-5,000 for 41-state registration Process times vary from a week to several months Follow up with states to ensure approval Track renewal dates File renewal applications Stay current with legislative changes TAKE ACTION! Review how your organization handles compliance. If you haven’t registered, discuss plans for becoming compliant.
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WHAT DOES IT TAKE TO MANAGE COMPLIANCE?
Time to manage renewals Files to keep copies of licenses and applications Spreadsheet of registration numbers, statutes, due dates Calendar system for reminders of renewals Preparing disclosure statements Monitor legislative and administrative changes
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OUR SOLUTION TAKE ACTION! Fully manage each step of the process
Tracking software for reporting Flat-rate pricing per state Expert team with a dedicated Compliance Specialist TAKE ACTION! Reach out to us to discuss how we can partner with your organization!
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Contact us! QUESTIONS & ANSWERS Next Step:
Schedule a time to speak or send additional questions to Brock Klinger at Ify Aduba at
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