Avoiding state charitable solicitation regulation trouble
// By Jacqueline Brennan
If your charitable organization does fundraising, make sure it stays on the right side of state charitable solicitation regulations. For some help doing that, don’t miss a workshop presented by nonprofit-dedicated law firm Perlman & Perlman for a primer on avoiding traps that might trip up even the most compliant organizations.
Tracy Boak, a partner at Perlman & Perlman, will share her experiences in representing organizations before state charity regulators, and how your organization can remain compliant. Tracy’s presentation will focus on the following topics:
- Failure to comply with registration obligations
- If you are soliciting charitable contributions in a state that regulates fundraising activities, you will need to be registered with the applicable State Charity Office, unless you are exempt or excluded.
- Failure to ensure others are in compliance
- You will need to make sure that all of your organization’s fundraising professionals (both professional fundraising counsel and professional solicitors) and commercial co-venture partners are registered before the commencement of their services.
- Failure to make required disclosures
- Your organization’s solicitation materials may need to contain specific disclosure statements.
- Failure to ensure others are making required disclosures
- Your professional fundraisers and commercial co-venturers may also have to make specific disclosures when soliciting for your benefit.
Tracy will also address “fraudulent” solicitations and reporting issues around fundraising costs, compensation, gifts in kind, and joint cost allocations.
In addition to all of this, join Tracy for some sound advice on what your organization should do if it runs afoul of state regulations, and how to respond if regulators come asking for more.