North Dakota Nonprofit Compliance

• An organization that solicits funds for an institution of higher learning
• 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 private or public elementary or secondary school
• 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.

NDCC § 50-22-01

Online

$25

4-6 weeks

• 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.

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.

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.

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

Online

$10

• 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 dates can be extended for 3 months beyond the original due date by submitting an amendment through the online portal.

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

• List of officers and directors
• List of officer and director compensation
• Either the organization's IRS Form 990 (only pages 1, 9, 10, and 11) or all of the following:
  • A statement of income and expense (total receipts and total income from all sources)
  • Balance sheet
  • Statement of functional expenses listing:
    • Cost of management and general
    • Program services
    • Cost of fundraising
    • Cost of public education
    • Funds or properties transferred out of state
    • Total net disbursed or dedicated within North Dakota
    • Total compensation paid to employees by the charitable organization and all its affiliated organizations

Online

$25 reregistration fee + $10 filing fee

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. 

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. 

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

Online

$0

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

Online

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.