Ohio Attorney General Charitable Registration—A Complete Overview
Registering a charitable organization in Ohio is a crucial step for any nonprofit planning to fundraise in the state. With specific requirements for registration and annual reporting, the process ensures transparency and accountability in the nonprofit sector.
In this article, we’ll guide you through the Ohio Attorney General charitable registration process, covering essential steps, such as initial registration, filing annual reports, and determining exemptions. We’ll also explain how Harbor Compliance streamlines charitable registration and helps ensure regulatory compliance.
What Does Ohio Charitable Registration Entail?
Charitable registration is a legal requirement for most nonprofit organizations soliciting donations within the state. All charities and organizations soliciting fundraising in Ohio, regardless of their tax-exempt status, must register with the Ohio Attorney General’s Charitable Law Section.
The idea is to help protect donors and foster trust in the nonprofit sector by making financial and operational information accessible to the public.
Ohio Charitable Registration Exemptions
Under the Charitable Trust Act and Charitable Organizations Act, the following types of organizations are exempt from Ohio charitable registration:
- Churches
- Schools with a regular faculty, established curricula, and a physical location where students attend classes
- Qualifying charitable remainder trusts or trusts with revocable charitable interests
- Charitable trusts that:
- Are not located or incorporated in Ohio
- Have not filed IRS information indicating an Ohio location
- Do not conduct program services in Ohio
- Have no assets in the state
- Educational institutions, if solicitations are limited to alumni, faculty, trustees, students, and their families
Note: This list is not exhaustive. For the full list of exempted organizations, please check out Section 109.26 of the Ohio Revised Code (Rule 109: 1-1-02).
How To Determine if Your Organization Is Exempt From Ohio Charity Registration
If you think you’re eligible for an exemption, you must submit an exemption determination request through the Ohio Attorney General’s online charitable registration system. It’s important to select all applicable exemptions applicable to you when making this request.
Keep in mind that your organization may need to register under two different statutes. This means that you could be exempt under one statute but still required to file annual reports under another.
Additionally, you must provide supporting documents, such as bylaws or other relevant materials. These documents can be uploaded to the online system, emailed to CharitableRegistration@OhioAGO.gov, or mailed to the Ohio Attorney General’s Office.
Requirements for Charitable Registration in Ohio
Before starting the registration process, make sure to complete the following prerequisites for an error-free application process:
- Gather the articles of incorporation, charter, constitution, or other foundational documents.
- Include a Federal Tax Exemption Determination Letter if your organization has a tax-exempt status or an Affirmation of IRS Status Form if it doesn’t.
- If you’re seeking an exemption, provide detailed information showing how the exemption applies within three weeks of the request.
- If you’re registering your foreign organization in Ohio, obtain a certificate of good standing from your home state and submit it with your foreign qualification.
Ohio Charitable Registration Process
Once you’ve obtained all the required documentation, follow these steps to start the charitable registration process:
- Go to the Charity Registration page and create an account. It’s recommended to have multiple individuals associated with the account to ensure notifications and reminders are received.
- Complete the system prompts with basic information about your organization and its activities.
- Upload the IRS Determination Letter (if applicable) or the Affirmation of IRS Status Form.
- Submit foundational documents, such as articles of incorporation or other creating documents.
- Submit the application and pay the specified Ohio Attorney General charitable registration fees, ranging from $0–$200 based on contributions.
Note that your organization must continue to file annual reports by the 15th day of the fifth month following the fiscal year. Additionally, you must regularly update your organization’s file to reflect any changes.
Penalties for Violating the State of Ohio Charitable Registration Requirements
If you fail to register your charitable organization with the Ohio Attorney General, the implications may include the following:
Violation | Penalty |
---|---|
Not registering your nonprofit organization within six months of its formation | Late fee of $200 per year |
Failing to register your organization | A lawsuit against the organization filed by the Ohio Attorney General |
Failing to file a Statement of Continued Existence with the Ohio secretary of state every five years (to confirm your active status) | Cancellation of your organization’s articles of incorporation |
Difficulties of DIY Charitable Registration
Ohio has specific nonprofit registration regulations that can be difficult to navigate on your own. Organizations must stay on top of registration prerequisites and reporting deadlines while keeping their information updated with the Ohio Attorney General’s office.
Additionally, requesting an exemption can be a complex process. It requires getting familiar with the online registration system, submitting supporting documentation, and waiting for a formal decision. Failure to provide the required documentation within the specified timeframe can result in the rejection of the exemption request.
All of this can be streamlined with the help of an expert familiar with Ohio’s charitable laws and regulations. Outsourcing the registration process to a reliable service provider like Harbor Compliance can be an effective solution.
How Harbor Compliance Eases the Registration Burden
Harbor Compliance’s Charitable Registration Service simplifies state fundraising registrations for charitable organizations. With extensive experience handling tens of thousands of registrations annually, we help organizations with filing, allowing them to focus on soliciting donations via letters, phone calls, emails, social media, and grant applications.
After acquiring Labyrinth, Inc. (the largest provider of charitable registration services in the U.S.), Harbor Compliance now oversees and supports more than 60% of the charitable registrations for organizations registered across at least 38 states.
Our service includes a dedicated registration specialist who handles all filings, with the option of a Power of Attorney to sign applications on your behalf. In addition, we offer a variety of managed services for professional fundraisers, fundraising consultants, commercial co-ventures, and others, offering a streamlined and effective solution for all your charitable registration needs.
Besides charitable registration, we also help nonprofit organizations with the following services:
- Registered Agent Service—You can appoint us as your registered agent (we offer nationwide coverage), and rest assured that your legal correspondence will be handled responsibly and promptly.
- Foreign Qualification Service—If you’re expanding your operations into another state, we’ll handle the end-to-end foreign qualification process for you, from obtaining a certificate of good standing to sending confirmation when your filings are approved.
- Tax Exemption—If eligible, we’ll help you with obtaining state tax exemptions for your nonprofit organization.
Ordering Harbor Compliance’s Charitable Registration Service
Ordering our charitable registration services is pretty straightforward. Follow these steps to have our team review your state registration requirements and provide assistance:
- Visit the Charitable Registration Service page.
- Complete the form by providing personal information, including your contact details, legal company name, business structure, etc.
- Hit the Submit button.
If you want to learn more, download our free white papers: Charitable Solicitation Compliance and Charitable Registration - Navigating the Complexities.
Other Services by Harbor Compliance
Charitable registration is just one of our many areas of expertise. We offer a wide range of services to help you navigate your state’s regulatory requirements. The table below highlights some of our most popular solutions from our comprehensive portfolio:
Category | Services |
---|---|
Beneficial ownership information (BOI) reporting | BOI reporting Records Manager |
Entity lifecycle management | Name reservation DBA registration Amendments Initial and annual reports |
Licensing support | General business licenses Licenses for industries like construction, engineering, and architecture |
Nonprofit formation | Incorporation 501(c) tax exemption |
Tax services | Payroll tax registration Sales and use tax registration Employer Identification Number (EIN) |
Document filing and retrieval | Drop-off filing Articles of reinstatement Certificate of good standing Certificate of Authority Certified copies |
Ohio Attorney General Charitable Registration FAQs
This section addresses some common queries organizations have about completing their charitable registration with the state. For more information, visit our Information Center.
Organizations intending to solicit within the state must complete the registration process before seeking donations. New organizations in Ohio need to register within six months of establishing the trust and before soliciting. Should an organization register after the fiscal year-end, they might need to submit any overdue annual reports.
Any incorporated or organized charity in Ohio holding assets or providing program services in the state must register under the Charitable Trust Act. Additionally, any organization soliciting for charitable purposes must register under the Charitable Organization Act in Ohio.
You must request an exemption determination using the online charitable registration system to check whether your charity is exempt. You can forward your request by emailing CharitableRegistration@OhioAGO.gov or sending a mail to the Ohio Attorney General’s Office.
Enjoy Stress-Free Charitable Registration in Ohio With Harbor Compliance
Managing charitable registration on your own can be complex and time-consuming, draining your resources and staff’s energy. Harbor Compliance can help streamline the process and significantly reduce your workload. Order our Charitable Registration Service, and we’ll make sure all the regulatory requirements are met, enabling you to stay focused on your nonprofit’s mission. With a dedicated registration specialist and an intuitive online system, we make it easy to manage your filings without the stress of missing deadlines or managing complex forms.
Use our FREE Harbor Compliance Score™ if you want to check whether your nonprofit meets other regulatory requirements. From there, we’ll assist you with our various solutions if there are areas that could use improvement. Contact us to get started with our other services and schedule a free demo to explore our software.
If you’re interested in learning more about charitable registration requirements and processes throughout the U.S., check out our other guides below:
- Jump To:
- Ohio Nonprofit & Fundraising Company Licenses
- Local Nonprofit & Fundraising Company Licenses
- Ohio Individual Nonprofit & Fundraising Licenses
Company Licenses
Ohio Nonprofit & Fundraising Company Licenses
Ohio Bingo License
Initial Registration
Agency: | Ohio Attorney General |
Filing Method: | |
Agency Fee: | Fees vary by type of games offered. $200 for bingo and as much as $5,000 for instant bingo, depending on revenue. |
Law: | ORC § 2915.01 et seq. |
Ohio Charitable Gift Annuity Registration
Not required
Charitable Gift Annuity licensure is not required on the State level in Ohio.
Ohio statutes do not address charitable gift annuities, but the state generally considers charities that issue annuities exempt from insurance regulation.
Ohio Charitable Registration
Agency: | Ohio Attorney General |
Law: | |
Foreign Qualification is Prerequisite: | No |
Registered Agent (Special Agency) Required? | No |
One-Time Exemption Registration
Exemption Eligible Organizations: | Charitable Trust Act Exemptions:
Charitable Organizations Act Exemptions:
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Filing Method: | |
Agency Fee: | $0 |
Law: | |
Notes: |
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Initial Registration
Filing Method: | |
Agency Fee: | $0 for organizations that have not yet solicited in Ohio. Fees range from $0-$200, depending on contributions, for organizations that have previously solicited in Ohio. |
Turnaround: | 1 week |
Original Ink: | Not Required |
Notarization Required?: | Not Required |
Notes: |
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Before you Apply: | Domestic Applicants:
Foreign Applicants:
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How to Apply: | Domestic Applicants:
Foreign Applicants:
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Required Attachments: |
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Registration Renewal
Filing Method: | |
Agency Fee: | For organizations registering under the Ohio Charitable Trust Act:
For organizations registering under the Ohio Charitable Organizations Act:
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Due: |
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Due Date Extension: | Due dates are automatically extended for 180 days beyond the original due date. |
Original Ink: | Not Required |
Notarization Required?: | Not Required |
Penalties: | There is a $200 late fee per year per report. |
Required Attachments: |
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Reinstatement
Not required
Charities wishing to renew a lapsed registration must submit a renewal filing and financial documents for each year not registered. These filings must be submitted separately with the required fee for each year + $200 per year late fee.
Change of Fiscal Year
Filing Method: | Email to charitableregistration@ohioago.gov |
Agency Fee: | $0 |
Turnaround: | 1-2 business days |
Notes: | Your fiscal year can be changed by emailing charitableregistration@ohioago.gov written notice of the change including when the change occurred and what the new fiscal year end date is. Alternatively, the organization can email a copy of the short year Form 990 that was filed with the IRS. |
Cancelation
Form: | |
Filing Method: | Mail, fax, or email to CharitableRegistration@OhioAGO.gov |
Agency Fee: | $0 |
Notes: | An organization that no longer solicits in Ohio should fill out and return a Solicitation Withdrawal form, which the state provides upon request. Fees and/or final annual reports may be required, depending on when the organization ceased soliciting. |
Ohio Commercial Co-Venturer Registration
Not required
Commercial Co-venturer licensure is not required on the State level in Ohio.
Ohio does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.
With some limited exceptions, a professional solicitor is any person, group, or other entity that, for compensation, performs on behalf of or for the benefit of a charitable organization any service in connection with which contributions are or will be solicited in Ohio by the compensated professional or by any person it employs, procures, or otherwise engages directly or indirectly to solicit contributions; see Ohio Revised Code (ORC) Section 1716.01.
Ohio Professional Solicitor Registration
Agency: | Ohio Attorney General |
Bond Requirements: | $25,000 |
Initial Registration
Filing Method: | |
Agency Fee: | $200 |
Registration Renewal
Filing Method: | |
Agency Fee: | $200 |
Due: | Annually by March 31. |
Contract Filing
Filing Method: | |
Agency Fee: | $0 |
Due: | File a solicitation notice prior to the start of each solicitation campaign. |
Notarization Required?: | Required |
Financial Reporting
Filing Method: | |
Agency Fee: | $0 |
Due: | Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year. |
Notarization Required?: | Required |
Ohio Raffle License
Not required
Charitable Gaming licensure is not required on the State level in Ohio.
There is no state-level raffle license in Ohio, but the law limits which organizations can hold a raffle event.
Local Nonprofit & Fundraising Company Licenses
City of Columbus Charitable Solicitations Permit
Agency: | City of Columbus - Department of Building and Zoning - License Section (OH) |
Law: |
Automatic Exemption
Exemption Eligible Organizations: |
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Law: |
Initial Registration
Form: | |
Agency Fee: | $60 |
Notarization Required?: | Required |
Required Attachments: |
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Registration Renewal
Form: | |
Agency Fee: | $60 |
Due: | Annually by the date of issuance. |
Required Attachments: |
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City of Columbus Professional Fundraiser License
Agency: | City of Columbus - Department of Building and Zoning - License Section (OH) |
Initial Registration
Form: | |
Agency Fee: | $20 application fee + $150 license fee. |
Registration Renewal
Form: | |
Agency Fee: | $20 application fee + $150 license fee. |
Due: | Annually by December 31. |
Individual Licenses
Ohio Individual Nonprofit & Fundraising Licenses
Ohio Individual Professional Fundraiser Registration
Not required
Professional Solicitor licensure is not required on the State level in Ohio.
Solicitors who are not employed by a professional fundraising firm but operate independently may be required to register. Employees of professional fundraising firms are generally not required to register as an individual solicitor in Ohio.
