New York Fundraising Registration

Charitable Solicitation Registration and Compliance

Charitable solicitation is regulated on the state-level and the requirements vary by state. 41 states require charitable solicitation registration. Asking for donations by phone, mail, in person, and online subject a charity to registration requirements. Fundraising online is generally considered solicitation, including use of a "Donate Now" button on an organization’s website.

In nearly every state, charities are required to register before soliciting donations, regardless of whether funds are actually received. Some states require nonprofits to qualify with the corporations division and appoint a registered agent. In addition, most states require charities to include disclosure statements in their solicitations.

Overview of New York Requirements

New York requires charitable solicitation registration. Charities must register with the in order to solicit donations in the state. While not required as a prerequisite for charitable registration, organizations may be required to qualify as a foreign nonprofit corporation with the New York Department of State - Division of Corporations, State Records and Uniform Commercial Code and appoint a registered agent.

About This License

Agency:New York Attorney General - Charities Bureau
Exemptions:

Prior to soliciting, most New York charitable organizations must register. File Schedule E to obtain approval of an exemption. The most common exemptions are:

  1. <$25,000 gross contributions per year
  2. Religious organizations
  3. Educational institutions
  4. PTAs
  5. Membership organizations
  6. Appeals for named individuals

Check the law for the full list of exemptions and exemption criteria.  If you wish to file for exemption, attach Schedule E to the main Form 410.

Law:

New York Executive Law, Article 7a, §§ 171-a to 177, Not-For-Profit Corporation Law § 101 et seq.

Two NY statutes separately require charitable registration:

  • Article 7-A of the Executive Law (Article 7-A) requires registration of charitable and other nonprofit organizations that solicit contributions from New York State (including residents, foundations, corporations, government agencies and other entities).
  • EPTL: Section 8-1.4 of the Estates, Powers and Trusts Law (EPTL) requires registration of charitable organizations that are incorporated, are formed or otherwise conduct activity in New York State.

Initial Registration

Organizations that have never registered for charitable solicitation in New York will file an initial registration. This section contains an overview of completing an initial charitable solicitation registration.

Form:

Form CHAR410: Registration Statement for Charitable Organizations

Instructions:

Instructions for Forms CHAR410, CHAR410-A, CHAR410-R and Schedule E

Filing method:

Mail

State fee:

$25, payable to "NYS Department of Law"  ($0 if exempt)

Notes:
  • File initial registration or exemption.
  • Note the list of attachments required.
  • The president and CFO / treasurer must sign. Signatures need not be notarized.
  • Some New York counties and municipalities may require charities that solicit in-person to register prior to fundraising.

Renewal Filing

Organizations that have already registered for charitable solicitation in New York are required to renew their registrations to maintain good standing. This section contains an overview of renewing the charitable solicitation registration.

Form:

Form CHAR500: Annual Filing for Charitable Organizations

Filing method:

Mail or online

State fee:

$10-25, depending on total support and revenue

Due:

Due annually 4.5 months after the close of your fiscal year. So if your fiscal year ends December 31st, renewal is due May 15th.

Notes:
  • Note the list of attachments required.

Common Questions

Is the URS accepted in New York?
The Unified Registration Statement (URS) is a consolidated multi-state registration form.
For initial filing: Yes
For renewal filing: Yes
Is foreign qualification required? Not explicitly required as a prerequisite for charitable solicitation registration.
Is maintaining a registered agent required? Not explicitly required as a prerequisite for charitable solicitation registration.

Webinar

Charitable Solicitation Compliance
What does it take to be compliant?

Presented by:
Brock Klinger

Thursday, March 15th
1:00 - 2:00PM EDT

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Charitable Solicitation Compliance

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Learn about charitable registration in other states:

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