Louisiana Department of Justice - Public Protection Division - Charities

Charities that do not use professional solicitors or fundraising counsels

16 LAC Pt. III §515

• Charities that do not use professional fundraisers or fundraising counsels are automatically exempt from registration.
• If a charity uses a professional solicitor in another state but not when soliciting in Louisiana, they are still eligible for exemption in Louisiana.

• Religious Institutions that include ecclesiastical or denominational organizations, churches, or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on and shall also include those bona fide religious groups which do not maintain specific places of worship
• Religious institutions that include such separate groups or corporations which from an integral part of those institutions which are exempt from federal income tax as exempt organizations under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1954, or of a corresponding section of any subsequently enacted Federal Revenue Act, and which are not primarily supported by funds solicited outside its own membership or congregation
• Religious institutions that include such institutions soliciting contributions for construction and maintenance of a house of worship or clergyman's residence
• Educational institutions recognized and/or approved by the State Department of Education or the appropriate state educational board, of the appropriate accrediting agency
• Any hospital organized under the laws of this state, or any voluntary health organization organized under the laws of this state and/or under federal laws

Charitable Exemption Form

$0

16 LAC Pt. III §515

Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.

To apply for exemption based upon educational institution:

• Letter of Accreditation from the State Department of Education or the appropriate
  state educational board or accrediting agency;
• Articles of Incorporation;
• Bylaws;
• IRS Determination Letter;
• Copy of all contracts with current professional solicitors or fundraisers

To apply for exemption based upon religious institution:

• IRS Determination letter;
• Articles of Incorporation;
• Bylaws;
• An explanation of how the religious institution/organization meets the religious institution requirement for exemption status. The definition of a religious institution can be found at 16 LAC Pt. III §515;
• Copy of all contracts with current professional solicitors or fundraisers;

Initial Charitable Registration Form

Mail

$25

4-6 weeks

• Include signatures as required in the URS form instructions
• Some Louisiana counties and municipalities may require charities that solicit in-person to register prior to fundraising.

Domestic Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• If filing the URS, appoint a registered agent to receive legal documents in Louisiana.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• If filing the URS, appoint a registered agent to receive legal documents in Louisiana.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
• If you will foreign qualify in Louisiana, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 90 days old when filing foreign qualification documents.

Domestic Applicants:

1. File entity formation documents with the Louisiana Secretary of State - Commercial Division.
2. Submit an Initial Charitable Registration Form and all required attachments to the Louisiana Department of Justice - Public Protection Division - Charities.

Foreign Applicants:

1. Determine whether or not your charity will need to foreign qualify based on your activity in Louisiana. If not required, skip to number 3.
2. File foreign qualification documents with the Louisiana Secretary of State - Commercial Division.
3. Submit an Initial Charitable Registration Form and all required attachments to the Louisiana Department of Justice - Public Protection Division - Charities.

• Articles of incorporation
• Bylaws
• IRS determination letter
• List of officers and directors
• Professional fundraising contracts
• List of other states where registered to solicit

Charitable Registration Renewal Form

Mail

$25

Annually by the date of initial registration.

• List of officers and directors
• Professional fundraising contracts
• List of other states where registered to solicit

$0

To close out your registration, send a signed letter indicating the organization is no longer required to maintain an active registration (does not use professional solicitors) in Louisiana.

Professional Solicitor Registration Form

$150

•  Full name and business address of solicitor (Include city, state, zip and telephone number) and name under which business will operate in Louisiana.  
• The names and residence addresses of all officers, directors, trustees and executive personnel of the professional solicitor
•  names and addresses of all persons in charge of any solicitation activity
• Information about any of its directors, officers, persons with controlling interest in the applicant, employees or agents been convicted within the last 5 years of any felony or of a misdemeanor
  arising from the conduct of a solicitation for any charitable organization or sponsor or a charitable or sponsor purpose; or has the applicant or any of its directors, officers, persons with controlling interest in
  the applicant, employees or agents been enjoined from violating a charitable solicitation law in this or any other state
•  

• If the professional solicitor has custody or control of contributions made to a charitable organization, the professional solicitor shall file a department-approved bond, at least in the amount of $25,000.00, with the Louisiana State Treasurer. 

Professional Solicitor Registration Form (Renewal)

$150

Annually by the anniversary date of initial registration.

Notice of Commencement of Solicitation

$0

File a notice of commencement of solicitation at least 10 days prior to the start of the performance of the contract.