North Dakota Fundraising Licensing

Resources for charities, businesses, professional fundraisers, and individuals conducting charitable solicitation activities
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Below, you'll find licensing requirements for a range of fundraising activities. At a glance, you can see requirements, fees, filing instructions, and links to forms for everything from charitable gaming and cause marketing to professional fundraisers and charitable gift annuities.

Make sure your fundraising activities meet the unique requirements of each jurisdiction where you’re soliciting. Feel free to explore, bookmark, and share!

North Dakota charitable solicitation license, North Dakota fundraising license
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Company Licenses

North Dakota Nonprofit & Fundraising Company Licenses

North Dakota Certificate of Exemption to Issue Gift Annuities

Agency:North Dakota Insurance Department
Law:

ND Century Code § 26.1-34.1 et seq.

Initial Registration

Form:

Form SFN 17914: Application for Certification of Exemption to Issue Gift Annuities

Agency Fee:

$100

Notarization Required?:Required
Notes:

Charities should submit the application, agent of process attachment, segregated account attachment, statements reflecting financial and other conditions of the organization, proof of tax exemption, and samples of the charitable annuity contracts to apply.

Renewal Not Required

Not required



The certificate of exemption does not expire, but financial statements must be submitted annually.

Financial Reporting

Filing Method:

Email financial statements to colicexam@nd.gov with the subject line of "Gift Annuity Financial Statement".

Agency Fee:

$0

Due:

Audited (or unaudited if audited are unavailable) financial statements are due annually within 15 days of their preparation.

North Dakota Charitable Gaming Licenses

Game Type:

Bingo, raffles, pull-tabs, and other games of chance.

Agency:North Dakota Attorney General - Gaming Division
Organization Age Requirement:

2 years of continuous existence in North Dakota immediately preceeding licensure.

Age Restrictions:

Bingo participants must be at least 18 years old. Minors accompanied by a parent or legal guardian are allowed to play bingo. Pull-tab, poker, and other games of chance are limited to persons at least 21 years old.

Initial Registration

Agency:North Dakota Attorney General - Gaming Division
Form:

Form SFN 53839: State Gaming License Application

Agency Fee:

$150 for each county or city where the charity expects to hold a gaming event.

Notes:

A separate permit application must be filed with the city or county where the gaming event takes place.

Registration Renewal

Agency:North Dakota Attorney General - Gaming Division
Form:

Form SFN 53838: State Gaming License Reapplication Form

Agency Fee:

$150 for each county or city where the charity expects to hold a gaming event.

Due:

Annually by June 30.

North Dakota Charitable Organization Registration

Agency:North Dakota Secretary of State
Law:

North Dakota Century Code, Ch. 50-22

Foreign Qualification is Prerequisite:Yes
Registered Agent (Special Agency) Required?No

One-Time Exemption Registration

Exemption Eligible Organizations:
  • An organization that solicits funds for an institution of higher learning
  • A private or public elementary or secondary school
  • An organization that uses only volunteer unpaid fundraisers and that solicits funds for a political subdivision or other government entity or for a civic or community project in which the contributions received are used solely for the project and none of the contributions inure to the benefit of any individual
  • A charitable organization or person that solicits contributions for any person specified by name at the time of the solicitation if all the contributions received are transferred within a reasonable time after receipt to the person named or that person's parent, guardian, or conservator with no restriction on their expenditure and with no deduction
  • A religious society or organization that is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A) (i) and (iii) [26 U.S.C. 6033(a)(2)(A)(i) and (iii)] or Internal Revenue Code section 6033(a)(2)(C)(i) [26 U.S.C. 6033(a)(2)(C)(i)]
  • Any candidate for national, state, or local elective office or political party or
    other committee required to file information with the federal election
    commission, a state election commission, or an equivalent office or agency.
Law:

NDCC § 50-22-01

Initial Registration
Charitable Organization Registration Statement

Filing Method:

Online

Agency Fee:

$25

Turnaround:

4-6 weeks

Original Ink:Not required
Notarization Required?:Not required
Notes:
  • One officer must sign and it must be notarized.
  • Some North Dakota 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.
  • 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.
  • Obtain a certificate of good standing from your home state (to be filed during the foreign qualification process). The certificate cannot be more than 6 months old when filing foreign qualification documents.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
How to Apply:

Domestic Applicants:

  1. Create a FirstStop online account and file entity formation documents through the North Dakota Secretary of State.
  2. After entity approval, file a charitable organization registration using FirstStop.

Foreign Applicants:

  1. Create a FirstStop online account and file foreign qualification documents through the North Dakota Secretary of State.
  2. After entity approval, file a charitable organization registration using FirstStop.
Required Attachments:

  • IRS form 990
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts
  • A list of officer and director compensation

Registration Renewal

Filing Method:

Online

Agency Fee:

$10

Due:

  • Annually by September 1. If you initially apply in July or August, you get a waiver until the following September.
  • Renewals may be filed up to 60 days prior to the expiration date.
Due Date Extension:

Due dates can be extended for 90 days beyond the original due date by submitting an amendment through the online portal.

Original Ink:Not required
Notarization Required?:Not required
Penalties:

Charities that do not renew their registration by the due date or approved extension must go through the reregistration process. 

Required Attachments:

  • List of officers and directors
  • A list of officer and director compensation

Reinstatement

Filing Method:

Online

Agency Fee:

$25 reregistration fee + $10 filing fee

Penalties:

Charities suspected of violating the North Dakota Charitable Organizations Soliciting Contributions Act may have their registration denied, suspended, or revoked by the Secretary of State. Upon application by the Secretary of State or Attorney General, the court may issue the following remedies:

  • enjoinment from solicitation
  • civil penalties of up to $5,000 per violation
  • denial of registration for up to 5 years
  • other relief as deemed appropriate

A conviction of knowingly violating this Act is considered a Class A misdemeanor. A conviction of soliciting with a revoked registration is considered a Class C felony. 

Notes:

Charities wishing to renew a lapsed registration must submit a reregistration filing, financials from the most recent fiscal year, and payment of the required fees. 

Required Attachments:
  • List of officers and directors
  • A list of officer and director compensation

Change of Fiscal Year

Filing Method:

Online

Agency Fee:

$0

Notes:

Changes to the fiscal year of a charity can be reported through the online portal.

Cancelation

Filing Method:

Online

Notes:

To close out your registration, all financial reports must be submitted and current to the last day solicitations took place in North Dakota. Once these documents are filed, the registration can be canceled through the online portal.

North Dakota Commercial Co-Venturer Registration

Not required



Commercial Co-venturer licensure is not required on the State level in North Dakota.

North Dakota 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.

"Professional fundraiser" means a person who, for financial compensation or profit,
performs for a charitable organization a service in connection with which contributions
are, or will be, solicited in this state by the compensated person or by a compensated
person the person employs, procures, or engages to solicit; or a person who for
compensation or profit plans, manages, advises, consults, or prepares material for, or
with respect to, the solicitation in this state of contributions for a charitable
organization. A bona fide full-time salaried officer or employee of a charitable
organization maintaining a permanent establishment within the state may not be
deemed to be a professional fundraiser.
An attorney, investment counselor, or banker who advises any person to make a
contribution to a charitable organization may not be deemed, as the result of that
advice, to be a professional fundraiser.

North Dakota Professional Fundraiser Registration

Agency:North Dakota Secretary of State
Law:

NDCC § 50-22-02.1

Foreign Qualification is Prerequisite:Yes
Bond Requirements:

$20,000

Registered Agent (Special Agency) Required?No

Initial Registration
Professional Fundraiser Registration

Form:

Form SFN 11303: Professional Fundraiser Application

Agency Fee:

$100

Original Ink:Not required
Notarization Required?:Not required
Notes:

A copy of all contracts with charitable organizations must be submitted with the application.

Registration Renewal
Professional Fundraiser Registration Renewal

Form:

Form SFN 11303: Professional Fundraiser Application (Renewal)

Agency Fee:

$100

Due:

Annually by August 31.

Original Ink:Not required
Notarization Required?:Not required

Contract Filing

Agency Fee:

$0

Due:

After the filing of the Professional Fundraiser Registration, any contracts entered into with any charitable organizations must be submitted to the Secretary of State within 10 days of the execution of those contracts.

Individual Licenses

North Dakota Individual Nonprofit & Fundraising Licenses

North Dakota Individual Professional Fundraiser Registration

Not required



Professional Solicitor licensure is not required on the State level in North Dakota.

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 North Dakota.

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Learn about fundraising in other jurisdictions:

Harbor Compliance® proudly partners with the North Dakota Association of Nonprofit Organizations to provide insightful resources and compliance solutions to nonprofits in North Dakota.