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  • Delaware-formed nonprofit

    Can a Delaware-formed nonprofit then solicit donations in all 50 states or does one have to register the nonprofit in each state.
    Most of our fundraising is planned through the internet not with physical offices.
    Thank you for your input!

  • #2
    Re: Delaware-formed nonprofit

    I wish to inform you that if your organizations intends to collect funds from other state then it may require registration if they use their website to specifically target people in that state, or receive contributions from the state on a repeated and ongoing basis or a substantial basis through its website.

    AFF

    Comment


    • #3
      Re: Delaware-formed nonprofit

      Originally posted by Benn5 View Post
      Can a Delaware-formed nonprofit then solicit donations in all 50 states or does one have to register the nonprofit in each state.
      Most of our fundraising is planned through the internet not with physical offices.
      Thank you for your input!
      From the IRS:

      Charitable Solicitation - State Requirements

      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. An IRS training document describes these requirements in greater detail. Charitable organizations may wish to contact the appropriate state agency to learn more about the requirements that may apply in their state, before soliciting contributions. In some states, municipal or other local governments may also require organizations soliciting charitable contributions to register and report.
      In addition to registration and reporting requirements associated with the solicitation of charitable contributions, some states require organizations to register and file periodic financial results if they hold assets subject to a charitable trust.
      State Regulation of Charitable Solicitation and Registration Requirements to Hold Charitable Assets
      To determine in what state(s) you may be required to register to solicit charitable contributions or hold assets subject to a charitable trust, see the website of the National Association of State Charity Officials.


      The IRS training document is at:

      https://www.irs.gov/pub/irs-tege/eotopici01.pdf

      The website of the National Assoc of State Charity Officials is at:

      http://www.nasconet.org/documents/u-s-charity-offices/

      That lists all of the state agencies you will need to contact.

      Comment


      • #4
        Re: Delaware-formed nonprofit

        There used to be one form that could get you registered in 30 some states all at once.
        That made it fairly easy and I think that that still exists.

        Comment


        • #5
          Re: Delaware-formed nonprofit

          Originally posted by RT342 View Post
          There used to be one form that could get you registered in 30 some states all at once.
          That made it fairly easy and I think that that still exists.
          I did an online search and couldn't find one.

          Comment


          • #6
            Re: Delaware-formed nonprofit

            Originally posted by Benn5 View Post
            Can a Delaware-formed nonprofit then solicit donations in all 50 states or does one have to register the nonprofit in each state.
            Most of our fundraising is planned through the internet not with physical offices.
            Thank you for your input!
            Another thing you have to be aware of is the IRS requirement that you file a form 990-N for small non-profits that are not required to file forms 990 or 990EZ.

            See IRS website:

            https://www.irs.gov/charities-non-pr...0-n-e-postcard

            Comment


            • #7
              Re: Delaware-formed nonprofit

              Thanks! We are reviewing it all very carefully!

              Comment


              • #8
                Re: Delaware-formed nonprofit

                This below is the form we understand that you all mentioned too; we are reviewing it as well! Thanks!!


                "If you will be registering as a charity in more than one state, you may want to complete your registration by filing a Unified Registration Statement for Charitable Organizations. This is a universal form accepted by 37 of the 40 states that require charity registration (Colorado, Oklahoma, and Florida have state-specific forms that you will need to file)."

                Comment


                • #9
                  Re: Delaware-formed nonprofit

                  Yeah that the multi-state form for nonprofits.

                  Comment


                  • #10
                    Re: Delaware-formed nonprofit

                    The unified form seems possibly complicated.
                    Would I be able to do that all myself or do we need to hire a lawyer to do that?
                    Our nonprofit is new and small, 2 employees.

                    Comment


                    • #11
                      Re: Delaware-formed nonprofit

                      Originally posted by Unregistered View Post
                      The unified form seems possibly complicated.
                      Would I be able to do that all myself or do we need to hire a lawyer to do that?
                      Our nonprofit is new and small, 2 employees.
                      It's not that complicated. You should be able to do it yourself without an attorney.

                      Here's a kit with the form and a lot of instructions. Just takes a bit of study, like if you were studying for a college exam. Read everything several times and follow the step by step instructions.

                      http://multistatefiling.org/

                      If you hit a snag come back and discuss.

                      No sense in paying a lawyer if you don't have to.

                      Comment


                      • #12
                        Re: Delaware-formed nonprofit

                        I agree with the comments above, you probably can do it, but if it just seems like too much of a task, consider having a law student or somebody familiar with the industry assist. It does not necessarily have to be a $400 an hour lawyer to help.

                        Comment

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