Mississippi Secretary of State - Charities Division


Please Note

We are a service company that can help you file with the Mississippi Secretary of State - Charities Division. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Mailing address:
125 S. Congress Street
Jackson, MS 39205

Phone: 601-359-1599
Fax: 601-359-1499

Web: Home Name search

Licenses

We track the following licenses with the Mississippi Secretary of State - Charities Division in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

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Mississippi Charitable Organization Registration

Agency:Mississippi Secretary of State - Charities Division
Law:

Mississippi Code § 79-11-503

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?Yes
Fact Checked:9/7/21

One-Time Exemption Registration

Exemption Eligible Organizations:
  • All educational institutions that are recognized by the State Board of Education or that are accredited by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, any foundation having an established identity with any of the aforementioned educational institutions, any other educational institution which makes the solicitation of contributions solely by its student body, alumni, faculty and trustees and their families or a library established under the laws of this state
  • Fraternal, patriotic, social, educational, alumni organizations and historical societies when solicitation of contributions is made solely by their membership; however, posts of the American Legion and posts of the Veterans of Foreign Wars of the United States may utilize nonmembers to assist designated supervisors in the conduct of bingo under the Charitable Bingo Law and qualify for this exemption. This exemption shall be extended to any subsidiary of a parent or superior organization if such solicitation is made solely by the membership of the subsidiary, parent or superior organization
  • Persons requesting any contributions for the relief or benefit of any individual, specified by name at the time of the solicitation, if the contributions collected are turned over to the named beneficiary, first deducting reasonable expenses for costs of banquets or social gatherings, if any, provided all fund-raising functions are carried on by persons who are unpaid, directly or indirectly, for such services
  • Any charitable organization which does not intend to solicit and receive and does not actually receive contributions in excess of $25,000 during any twelve-month period, provided all of its fund-raising functions are carried on by persons who are unpaid for such services
  • Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided such chest or fund is complying with the provisions of Sections 79-11-501 through 79-11-529 relating to registration and filing of annual reports with the Secretary of State, and provided such organization does not actually receive, in addition to such allocation, contributions in excess of $25,000 during any twelve-month period and provided further, that all the fund-raising functions of such organization are carried on by persons who are unpaid for such services
  • All volunteer fire departments or rescue units, rural or otherwise, chartered under the laws and statutes of the State of Mississippi as nonprofit corporations
  • Any humane society organized under the laws of Mississippi which contracts with counties or municipalities for the care and keeping of estrays
Filing Method:

Online

Agency Fee:

$50 + $4 online filing fee.

Law:

Miss. Code Ann. Section 79-11-505(1)

Notes:

Notices of exemption do not expire, but charities must update their exemption within 30 days if any information changes.

Fact Checked:1/16/20

Initial Registration

Filing Method:

Online

Agency Fee:

$50 + $4 online filing fee.

Turnaround:

1 week

Notes:
  • The CFO and president (or other authorized officer) must sign the application electronically.
  • The state will return a Ceritificate of Registration upon approval.
  • Some Mississippi counties and municipalities may require charities that solicit in-person to register prior to fundraising.
Before you Apply:

Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • Appoint a registered agent to receive legal documents in Mississippi.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • 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.
  • Appoint a registered agent to receive legal documents in Mississippi.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • 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 Mississippi, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 60 days old when filing foreign qualification documents.
How to Apply:

Domestic Applicants:

  1. Create an online filing account and submit entity formation documents with the Mississippi Secretary of State.
  2. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in Mississippi. If not required, skip to number 3.
  2. Create an online filing account and submit foreign qualification documents with the Mississippi Secretary of State.
  3. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts
Fact Checked:9/7/21

Registration Renewal

Filing Method:

Online

Agency Fee:

$50 + $4 online filing fee.

Due:
  • Annually by the 15th of the 5th month following a charity's fiscal year end. If your fiscal year ends on December 31, renewal is due by May 15.
  • There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.
Due Date Extension:

Due dates can be extended for 180 days beyond the original due date by submitting a request for extension through the online portal. A copy of IRS form 8868 must be included when requesting an extension.

Notes:
  • Note the list attachments required including IRS Form 990. Larger organizations may need to attach an audited financial statement.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws
Fact Checked:9/7/21

Change of Fiscal Year

Agency Fee:

$50

Turnaround:

1-2 business days

Notes:

Fiscal year can be changed during the standard renewal process.

Fact Checked:12/7/18

Cancellation

Filing Method:

Online

Agency Fee:

$0

Notes:

To close out your registration, file a Final Report online and attach the most recently completed financials and a copy of a statement by an officer that the organization is no longer soliciting in Mississippi.

Fact Checked:7/14/20

Commercial Co-venturer shall mean any person or entity who is regularly and primarily engaged in the production, trade, sale or commerce of goods other than in connection with the raising or solicitation of funds, assets, or other property for charitable organizations or charitable purposes, who for indirect compensation (including contractually arranged fees, commissions or other monetary remuneration), conducts, promotes, underwrites, arranges, markets, sponsors or advertises a sale, performance, or event of any kind which will benefit, to any extent, a Charitable Organization, or

A person or entity who contracts with a Charitable Organization to benefit that charity to any extent, and who receives only indirect compensation limited to goodwill or tax benefits as a result of that contractual agreement, is considered neither a commercial co-venturer nor a professional fund-raiser so long as neither the person (or entity) nor the Charitable Organization conducts, promotes, underwrites, arranges, markets, sponsors, or advertises the relationship to the public during the contract period.

Mississippi Commercial Co-Venturer Registration

Agency:Mississippi Secretary of State - Charities Division
Law:

1 MS Admin Code § 15-3.17

Fact Checked:8/13/21

Initial Registration

Form:

Notice of Charitable Sales Promotion

Filing Method:

Online

Agency Fee:

$0

Turnaround:

Immediately online.

Bond Amount:

None

Fact Checked:12/15/16

Renewal Not Required

Not required



Commercial co-venturer registrations do not need to be renewed, however, contact information should be kept up to date.

Contract Filing

Filing Method:

Online

Agency Fee:

$0

Turnaround:

Immediately online.

Due:

A Commercial Co-venturer engaging in a charitable sales promotion is required to file with the Secretary of State notice of the promotion no less than seven (7) days prior to the start of said promotion. Such notice must include a copy of the contract between the Co-venturer and the Charitable Organization.

Original Ink:Not required
Notarize:Not required
How to Apply:

The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.

Fact Checked:8/13/21

Contract Amendment

Agency Fee:

$0

Due:

An amendment filing should be made before the expiration date of a campaign in order to extend the campaign.

Notes:

To report an extension of a campaign or another change to a campaign agreement, submit a cover letter describing the change and include a copy of the amended agreement.

Fact Checked:8/12/20

Financial Reporting

Filing Method:

Online

Agency Fee:

$0

Turnaround:

Immediately online.

Due:

A financial accounting must be filed within 30 days of the end of the fundraising event and on the anniversary date every year for multi-year promotions.

Fact Checked:8/5/19

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