Fundraising

State charitable solicitation laws regulate when and how a nonprofit fundraises.  Since state laws vary, compliance can be challenging.  We support clients’ fundraising operations by facilitating compliance in all jurisdictions.  

  • Charitable solicitation registrations, reporting, and disclosure
    • Our attorneys help clients navigate charitable solicitation registration laws and requirements in all states and the District of Columbia, evaluating where organizations must register and available exemptions.  We complete registration and renewal forms and extension requests, track renewal deadlines, and advise on disclosures required for public solicitations.
  • Professional fundraising agreements and related reporting
    • Nonprofits often pay others to assist with aspects of fundraising, such as conducting a direct mail campaign, collecting donations on an organization’s behalf, or advising the organization on developing new donors.  We help clients develop contracts with these professional fundraisers or fundraising consultants and evaluate additional reporting requirements that arise from fundraiser relationships.
  • Commercial co-venture agreements and registrations
    • Nonprofit organizations sometimes partner with businesses for charitable fundraising campaigns, such as when a business indicates that a portion of sales of its goods or services will go to a specified charity.  Many states regulate these activities as “commercial co-ventures” and require specific information in contracts between the business and the charity, often accompanied by registration with the state regulator.  We help our clients understand their responsibilities under commercial co-venture statutes, draft commercial co-venture agreements, and complete registrations and annual filings related to the co-venture.
  • Cause-related marketing campaigns and sweepstakes
    • Nonprofits are continuously finding new ways to fundraise, especially as the Internet provides new tools like cause-related marketing and fundraising platforms.  The law related to fundraising using new technology is rapidly changing, and we stay aware of these changes to ensure our clients’ legal compliance.  Other fundraisers such as sweepstakes, raffles, lotteries, and prize promotions are also subject to many state and federal laws, and we regularly advise clients how to structure their fundraising in the way that balances the most financial benefit with the best legal protection.