November 8, 2010 — There’s a recent enforcement action, from just last month. New Jersey authorities fined an individual administrator $17,500 because Ray of Hope was an unregistered charity when it operated there between 2005 and 2009. This case is noteworthy because a former volunteer used the charity’s name to commit fraud unrelated to registration requirements. The charity was, in essence, a victim, having come to the Attorney General’s attention because of the fraud, but was fined for noncompliance, nonetheless.

October 25, 2010 — Religious institutions are not automatically exempt from state registration requirements. They are exempt from filing an annual IRS Form 990, but that is not equivalent to state exemption under charity registration laws. Many states do have exemptions for religious affiliations, but a good number do not. You need to check the law in states where you solicit.

October 12, 2010 — After figuring out where you need to register (i.e. where you solicit), the next step is to look at where you’re exempt. You don’t want to do more registrations than necessary. Exemptions–in states that have them–come in lots of stripes. The most common are education; religion; healthcare; and small nonprofits raising under $10,000 to $25,000 per year.

September 13, 2010 — Hiring a registered agent for service of process is required in 19 states. This is an office in the state that will forward legal papers to your office if you’re being sued. It’s not the kind of mail you want forwarded, which is why you’re required to hire one before you can register your solicitations in states like CA, DC, NJ and TX.

August 25, 2010 — This type of registration is different than incorporating your nonprofit, getting IRS tax-exempt status and registering a Charitable Gift Annuity program. This is authorization to solicit gifts–of any type–in each state where you plan to seek donations.