Must we register in every state under the Charitable Solicitation laws if we do Internet solicitations or deputize our missionaries to raise their own support?

Nonprofit and Church Legal Trends - Free Edition - November December 2007 (free edition)

Nonprofit Watchdog organizations like the National Association of State Charity Officials have taken the position that “passive” website solicitation where the charity does not actively try to drive traffic to the website and merely accepts donations from people who find it does not create the need for registration, if the organization tries to get people from other states to go to the site to contribute, registration is required. Of course, most websites if they offer avenues to donate will attempt to drive as many donors to its site as possible and thus must register. Other watchdog groups appear to agree although they differ as to the justifications and where they draw the line.

However the common process of sending newsletters, e-newsletters and e-mails to others in other states where the nonprofit asks for funds or attempts to drive traffic to the site that asks for funds, will trigger the requirement to register. Even if the solicitation effort is not very successful, any good development person will eventually thank a donor and ask for additional donations. As soon as that request goes to another state, it will trigger the need to register in that state if registration is required. Request a free memo “CSR-Why Register” at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .