Utah Department of Commerce - Division of Consumer Protection


Please Note

We are a service company that can help you file with the Utah Department of Commerce - Division of Consumer Protection. 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:
160 East 300 South
Salt Lake City, UT 84111

Phone: 801-530-6601 or 1-800-721-SAFE
Fax: 801-530-6001

Web: Home Name search
Email: consumerprotection@utah.gov

Licenses

We track the following licenses with the Utah Department of Commerce - Division of Consumer Protection 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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Utah Charitable Organization Permit

Agency:Utah Department of Commerce - Division of Consumer Protection
Law:

Utah Code Annotated §13-22-1 thorugh 13-22-15; Utah Administrative Code, Rule R152-22-1 through R152-22-5

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?Yes
Fact Checked:4/10/20

One-Time Exemption Registration

Exemption Eligible Organizations:
  • A religious, ecclesiastical, or denominational organization described in § 13-22-5(a)
  • A solicitation by a broadcast media owned or operated by an educational institution or governmental entity, or any entity organized solely for the support of that broadcast media
  • An individual soliciting a contribution for the relief or benefit of another individual, who is specified by name at the time of the solicitation if all contributions are turned over to the named beneficiary after deducting actual expenses necessary for the cost of solicitation, if any and all individuals that carry out any fund-raising function for the benefit of the named individual are unpaid, directly or indirectly, for services rendered
  • A political party authorized to transact the political party's affairs within this state and any candidate and campaign worker of the political party if the content and manner of any solicitation make clear that the solicitation is for the benefit of the political party or candidate
  • A political action committee or group soliciting funds relating to issues or candidates on the ballot if the committee or group is required to file financial information with a federal or state election commission
  • A public school; a public institution of higher learning; a school accredited by an accreditation body recognized within the state or the United States; an institution of higher learning accredited by an accreditation body recognized within the state or the United States; an organization within, and authorized by, one of the previously described educational entities; a parent organization, teacher organization, or student organization authorized by one of the previously described educational entities
  • A public or higher education foundation established under Title 53E, Public Education System -- State Administration, Title 53G, Public Education System -- Local Administration, or Title 53B, State System of Higher Education
  • A television station, radio station, or newspaper of general circulation that donates air time or print space for no consideration as part of a cooperative solicitation effort on behalf of a charitable organization, whether or not that organization is required to register under this chapter
  • A volunteer fire department, rescue squad, or local civil defense organization whose financial oversight is under the control of a local governmental entity
  • Any governmental unit of any state or the United States
  • Any corporation established by an act of the United States Congress and that is required by federal law to submit an annual report to the United States Secretary of Defense
  • A solicitation by an applicant for a grant offered by a state agency if the terms of the grant provide that the state agency monitors a grant recipient to ensure that grant funds are used in accordance with the grant's purpose and the sum of the amount available to the applicant under grants offered by a state agency that the applicant applies for in a calendar year is less than or equal to $1,500
  • A chapter of a charitable organization or a person who solicits contributions for a charitable organization, if the charitable organization is registered with the division pursuant to § 13-22-5 or is exempt from registration under this section if certain conditions certain conditions are met
  • A solicitation in an obituary
  • A solicitation made exclusively to a family member of the individual making the solicitation
Filing Method:

Online

Agency Fee:

$0

Law:

UT Code § 13-22-8

Notes:

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

Fact Checked:1/16/20

Initial Registration

Filing Method:

Online

Agency Fee:

$75

Turnaround:

1 week

Notes:
  • You may not solicit until you receive your certificate of registration back from the state. It takes ~1 month for the state to process your application.
  • Some Utah 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 Utah.
  • 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 Utah.
  • 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 Utah, 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.
How to Apply:

Domestic Applicants:

  1. File entity formation documents with the Utah Department of Commerce - Division of Corporations and Commerical Code.
  2. Create an online account and complete the online charitable registration through the Utah Department of Commerce - Division of Consumer Protection.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in Utah. If not required, skip to number 3.
  2. File foreign qualification documents with the Utah Department of Commerce - Division of Corporations and Commerical Code.
  3. Create an online account and complete the online charitable registration through the Utah Department of Commerce - Division of Consumer Protection.
Required Attachments:

  • IRS form 990
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts
Fact Checked:4/14/20

Registration Renewal

Filing Method:

Online

Agency Fee:

$75

Due:

Your permit to solicit expires annually on the upcoming quarterly due date based on registration date: January 1, April 1, July 1, or October 1. So if your permit was issued on April 15, it will expire on July 1.

Due Date Extension:

Utah does not grant extensions for charitable organization registration.

Penalties:

There is a late fee of $25 for each month that passes after the due date.

Required Attachments:

  • IRS form 990
  • List of officers and directors
  • Professional fundraising contracts
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws
Fact Checked:2/4/20

Contract Filing

Form:

There is no form. Just submit the contract to the state.

Filing Method:

Email the contract to dcp-charities@utah.gov

Agency Fee:

$0

Turnaround:

1 business week.

Due:

Every charitable organization which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the division a notice of the promotion prior to its commencement within this state.

Notes:

There is no form. Notices of sales promotion must include: 1) The names of the charitable organization and commercial co-venturer; 2) That the charitable organization and the commercial co-venturer will conduct a charitable sales promotion; and 3) The date the charitable sales promotion is expected to commence.

How to Apply:

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

Fact Checked:10/9/19

Change of Fiscal Year

Filing Method:

Online

Agency Fee:

$75

Notes:

Submit the short year financials during the standard renewal process.

Fact Checked:12/7/18

Cancellation

Agency Fee:

$0

Notes:

To close out your registration, send (email accepted) a letter indicating that your organization wishes to cancel its registration. No final report or renewal is required.

Fact Checked:7/14/20

Utah Fundraising Counsel Registration

Agency:Utah Department of Commerce - Division of Consumer Protection
Fact Checked:7/5/18

Initial Registration

Form:

Professional Fund Raising Counsel Permit Application Form

Agency Fee:

$250

Fact Checked:7/5/18

Registration Renewal

Form:

Professional Fund Raising Counsel Permit Application Form (Renewal)

Agency Fee:

$250

Due:

Annually by the registration anniversary date.

Fact Checked:7/5/18

Contract Filing

Agency Fee:

$0

Due:

Prior to commencement of each solicitation campaign each professional fund raiser, fund raising counsel or consultant or charitable organization shall notify the Division in writing at least 10 days in advance of its intent to commence a campaign.

Fact Checked:8/31/20

Amendment

Agency Fee:

$0

Due:

If any information contained in the application for a permit becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.

Fact Checked:8/31/20

Utah Professional Fundraiser Registration

Agency:Utah Department of Commerce - Division of Consumer Protection
Fact Checked:8/7/19

Initial Registration

Form:

Fund Raiser Permit Application

Agency Fee:

$250

Original Ink:Not required
Notarize:Not required
Notes:

All contract agreements with each charitable organization using the applicant’s services, and a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds must be included with the application.

Fact Checked:12/15/16

Registration Renewal

Form:

Fund Raiser Permit Application (Renewal)

Agency Fee:

$250

Due:

Annually by the registration anniversary date.

Original Ink:Not required
Notarize:Not required
Notes:

All contract agreements with each charitable organization using the applicant’s services, and a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds must be included with the application.

Fact Checked:12/15/16

Contract Filing

Agency Fee:

$0

Due:

Prior to commencement of each solicitation campaign each professional fund raiser, fund raising counsel or consultant or charitable organization shall notify the Division in writing at least 10 days in advance of its intent to commence a campaign.

Fact Checked:8/31/20

Amendment

Agency Fee:

$0

Due:

If any information contained in the application for a permit becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.

Fact Checked:8/31/20

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