Comments on: Fundraising from Out-of-State? An Update on Registration Issues http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/ Written for do-it-yourself nonprofit marketers and one-person nonprofit communications departments. Thu, 09 Feb 2012 08:40:35 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Top 3 Weekly Blog Posts for Nonprofit Workers « http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-112263 Top 3 Weekly Blog Posts for Nonprofit Workers « Fri, 26 Feb 2010 19:25:06 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-112263 [...] “Fundraising from Out-of-State? An Update on Registration Issues” by Kivi’s Nonprofit Communications [...] [...] “Fundraising from Out-of-State? An Update on Registration Issues” by Kivi’s Nonprofit Communications [...]

]]> By: Barbara Tillman http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111983 Barbara Tillman Tue, 15 Dec 2009 17:34:15 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111983 I work with non profits fundraising sectors. And we always come across issues with donations across state lines. Currently, we use events.org to help use setup software for donations and they help us with issues as well. Look into them because they made my job alot easier. http://www.online.donation.events.org/ I work with non profits fundraising sectors. And we always come across issues with donations across state lines. Currently, we use events.org to help use setup software for donations and they help us with issues as well. Look into them because they made my job alot easier.

http://www.online.donation.events.org/

]]> By: Katya http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111905 Katya Tue, 24 Nov 2009 15:16:03 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111905 Network for Good is registered in all states requiring it, so if you use our services to collect donations via our donor-advised fund, you do NOT need to register. We've long felt this is a big bonus of our service - we handle all of this for you! Network for Good is registered in all states requiring it, so if you use our services to collect donations via our donor-advised fund, you do NOT need to register. We’ve long felt this is a big bonus of our service – we handle all of this for you!

]]> By: Beth Kanter http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111900 Beth Kanter Mon, 23 Nov 2009 18:20:34 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111900 Also wondering via Twitter? Also wondering via Twitter?

]]> By: Will Hull - eCommunications/eDevelopment at United Cerebral Palsy http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111899 Will Hull - eCommunications/eDevelopment at United Cerebral Palsy Mon, 23 Nov 2009 17:56:29 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111899 @Kieran I am in my final semseter of graduate school at George Mason University pursuing a Masters of Public Administration with a Concentration in Nonprofit Management. The class I am enrolled in currently is "Governance, Law and Ethics for Nonprofits." One of the assigned readings covers 3rd party fundraisers and much more. I would recommend you get a copy. It is really easy to read and the chapters are short and to the point. It will help illuminate a great deal about this issue. Hopkins, Bruce (2004). Starting and Managing a Nonprofit Organization: A Legal Guide. 4th ed. New York: Johns Wiley & Sons. You can get it at Amazon.com: http://bit.ly/5VoWUl I hope this helps. @Kieran I am in my final semseter of graduate school at George Mason University pursuing a Masters of Public Administration with a Concentration in Nonprofit Management.

The class I am enrolled in currently is “Governance, Law and Ethics for Nonprofits.” One of the assigned readings covers 3rd party fundraisers and much more. I would recommend you get a copy. It is really easy to read and the chapters are short and to the point. It will help illuminate a great deal about this issue.

Hopkins, Bruce (2004). Starting and Managing a Nonprofit Organization: A Legal Guide. 4th ed. New York: Johns Wiley & Sons.
You can get it at Amazon.com: http://bit.ly/5VoWUl

I hope this helps.

]]> By: Will Hull - eCommunications/eDevelopment at United Cerebral Palsy http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111898 Will Hull - eCommunications/eDevelopment at United Cerebral Palsy Mon, 23 Nov 2009 17:46:36 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111898 Makes me wonder about the implications for Facebook and Network for Good or Firstgiving.com. What if a supporter signs up as an evangelical for your cause and solicits their friends and family for donations to your cause. What if a nonprofit doesn't have control over when and where these types of events take place; would the nonprofit still be held liable? I know that there is the "knowingly and willingly" language within many laws that can hold a nonprofit's management and board liable from such things as private inurement, but does this also apply in fundraising? If the organization doesn't know about it, does it still count? Further, this can be problematic for smaller (financially) nonprofits who do not have the professional accounting software nor the time/expertise to fill out forms for all 50 states and other U.S. territories out there. Perhaps the law can be amended that if you are registered within say 5% of all states that you are considered registered in all 50 or perhaps this breaks the interstate commerce clause of the Constitution? I assume it has already been challenged on physical direct mail grounds and lost because registration is still required, but I wonder about internet as a domain of activity. Perhaps there can be a one-stop-shop to register with each state. I know the 990 fulfills this obligation often, but does it fulfill this obligation throughout all 50 states? I would assume not, with the requirement to register. Further, some states might require different information from the next, this could be a place where federal laws can suggest that all requirements for each state are consistent with the next so that the nonprofit isn't loosing valuable time and effort over the issue of compliance with each state's registration requirements. Makes me wonder about the implications for Facebook and Network for Good or Firstgiving.com. What if a supporter signs up as an evangelical for your cause and solicits their friends and family for donations to your cause. What if a nonprofit doesn’t have control over when and where these types of events take place; would the nonprofit still be held liable? I know that there is the “knowingly and willingly” language within many laws that can hold a nonprofit’s management and board liable from such things as private inurement, but does this also apply in fundraising? If the organization doesn’t know about it, does it still count? Further, this can be problematic for smaller (financially) nonprofits who do not have the professional accounting software nor the time/expertise to fill out forms for all 50 states and other U.S. territories out there. Perhaps the law can be amended that if you are registered within say 5% of all states that you are considered registered in all 50 or perhaps this breaks the interstate commerce clause of the Constitution? I assume it has already been challenged on physical direct mail grounds and lost because registration is still required, but I wonder about internet as a domain of activity. Perhaps there can be a one-stop-shop to register with each state. I know the 990 fulfills this obligation often, but does it fulfill this obligation throughout all 50 states? I would assume not, with the requirement to register. Further, some states might require different information from the next, this could be a place where federal laws can suggest that all requirements for each state are consistent with the next so that the nonprofit isn’t loosing valuable time and effort over the issue of compliance with each state’s registration requirements.

]]> By: Kieran http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111887 Kieran Thu, 19 Nov 2009 18:31:41 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111887 I have a question about third=party fundraising and solicitation. We benefit from a volunteer run event that happens in multiple states. Individuals sign-up for the event and raise funds mainly through email solicitation to their contacts - they are sending the emails, not our organization. Would this still be considered solicitation, and therefore require registration in the appropriate states? thanks Kieran I have a question about third=party fundraising and solicitation. We benefit from a volunteer run event that happens in multiple states. Individuals sign-up for the event and raise funds mainly through email solicitation to their contacts – they are sending the emails, not our organization. Would this still be considered solicitation, and therefore require registration in the appropriate states?

thanks
Kieran

]]> By: Rita http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111880 Rita Tue, 17 Nov 2009 20:07:28 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111880 Thanks! That's exactly what I needed to know. Rita Thanks! That’s exactly what I needed to know.
Rita

]]> By: Tony Martignetti http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111874 Tony Martignetti Fri, 13 Nov 2009 21:48:12 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111874 Hi, Rita, Thanks for your question. The Charity Registration questions are in Part VI, question 17 and Schedule G, question 3. Question 17 asks for states where the 990 is required to be filed. That's a basic requirement of registration in nearly every state. I hope this helps you, Tony Hi, Rita,

Thanks for your question.

The Charity Registration questions are in Part VI, question 17 and Schedule G, question 3. Question 17 asks for states where the 990 is required to be filed. That’s a basic requirement of registration in nearly every state.

I hope this helps you, Tony

]]> By: Rita http://www.nonprofitmarketingguide.com/blog/2009/11/13/fundraising-from-out-of-state-an-update-on-registration-issues/comment-page-1/#comment-111872 Rita Fri, 13 Nov 2009 17:55:35 +0000 http://www.nonprofitmarketingguide.com/blog/?p=1820#comment-111872 In your blog, you say "The new Form 990, which non-profits raising over $25,000 must file annually, asks two questions about your compliance with registration laws in states where you solicit." Can you please identify those two questions (which section of the Form 990 are they in? ) I can't seem to find two questions asking about registration...thanks! Great blog on a really important topic. In your blog, you say “The new Form 990, which non-profits raising over $25,000 must file annually, asks two questions about your compliance with registration laws in states where you solicit.” Can you please identify those two questions (which section of the Form 990 are they in? ) I can’t seem to find two questions asking about registration…thanks! Great blog on a really important topic.

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