In Compliance with Charitable Solicitation Laws
In the nonprofit world, fundraising is as inevitable as death and taxes in the for-profit world. Nonprofit leaders must ensure a strong fundraising plan if their organization is to accomplish the good that is intended and fulfill its mission. While there are many fundamental principles of fundraising that must be employed to ensure success, the #1 unscientific basic truth of fundraising that was reiterated throughout graduate school is this– Organizations must earn trust to get money. Period.
So with all the charities out there asking for donations, how does your organization assure the public that you and your cause are, in fact, trustworthy? Luckily, most states have taken the first step in recognizing and protecting the public’s trust through the implementation of charitable solicitation laws.
In my experience working with numerous small startup nonprofits, I have found that many are unaware of the charitable solicitation laws that states have designed and adopted to protect donors, the general public, and charities themselves from fraud. Generally, these laws require charities and their fundraisers to register with the state, describe their fundraising activities, file financial documents, and pay a fee that covers the administrative expenses of monitoring charities. An organization must remain in compliance with the solicitation laws in each and every state in which they will make requests of the public. There are some exceptions to these statutes, so it is imperative that you abreast of the laws in each area where you will conduct fundraising.
Possibly even more important to your legitimate organization is the recognition of the penalties imposed for violation of these statutes. In my state, Florida, the law imposes a penalty of $1000 per violation. This means that for every person you asked for a donation, whether they actually donated or not, you would have to pay a fine in the amount of $1000. For an organization that is doing their best in these tough economic times to remain funded and retain the ability to provide critical services this could be a huge hit in the pocketbook, thus remaining in compliance is essential.