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Charleston Principles Explained: When Online Fundraising Triggers State Registration

Charleston Principles Explained: When Online Fundraising Triggers State Registration

Overview

As online fundraising has become central to nonprofit operations, one of the most common compliance questions is whether simply having a website or accepting online donations creates charitable solicitation registration obligations in multiple states.

The Charleston Principles were developed to help regulators interpret how traditional charitable solicitation laws apply to internet fundraising. While they are not statutes themselves, most state regulators rely on these principles when determining whether an organization must register before soliciting donations from residents of a state.

Understanding how the Charleston Principles work helps nonprofits evaluate when online activity creates multi-state compliance obligations — and when it does not.

Note: not all states follow the Charleston Principles. A table of which do is below.


What Are the Charleston Principles?

The Charleston Principles were issued in 2001 by the National Association of State Charity Officials (NASCO) to address a growing challenge: charities could suddenly reach donors nationwide through websites and email campaigns, even if their operations were local.

The principles establish a practical framework for distinguishing between:

  • Passive online presence, which generally does not require registration everywhere, and
  • Targeted or repeated solicitation, which may trigger registration requirements in additional states.

Although each state ultimately applies its own laws, regulators commonly use this framework when evaluating online fundraising activity.


Passive vs. Active Online Solicitation

A key concept within the Charleston Principles is whether fundraising activity is considered passive or actively directed toward residents of a state.

Passive Solicitation (Generally Not Enough Alone)

Examples include:

  • Maintaining a website accessible nationwide
  • Posting general information about programs or mission
  • Accepting donations through a standard online donation form without targeting specific states

Simply being visible on the internet does not automatically require nationwide registration.


Active or Targeted Solicitation (May Trigger Registration)

Registration obligations are more likely when a nonprofit:

  • Sends targeted email campaigns to residents of a specific state
  • Runs geographically targeted digital advertising
  • Conducts repeated or ongoing outreach into a jurisdiction
  • Develops sustained donor relationships within a state

When outreach moves beyond passive availability and becomes intentional or repeated engagement, regulators may view the activity as solicitation within that state.


The “Repeated and Ongoing” Standard

One of the most important elements of the Charleston Principles is the concept of repeated and ongoing contacts.

Even without explicit targeting, registration may be expected when:

  • Donations are received repeatedly from residents of a state, and
  • The organization continues interacting with those donors through communications, acknowledgments, or future appeals.

In practice, this means organizations can unintentionally expand their compliance footprint as fundraising grows.


Why Online Fundraising Often Expands Registration Requirements

Modern fundraising tools make multi-state solicitation easy to create unintentionally:

  • Online donation platforms accept contributions nationwide
  • Social media campaigns reach audiences across jurisdictions
  • Email newsletters circulate far beyond an organization’s home state
  • Peer-to-peer fundraising spreads organically through donor networks

Because charitable solicitation laws regulate the act of asking, not just receiving donations, compliance obligations may arise earlier than expected.


Common Misunderstandings

“We only registered where we are located.”

Physical location is not the determining factor. Soliciting residents of another state can create registration obligations there.

“We didn’t target those donors.”

Repeated donations combined with ongoing communications may still trigger registration expectations.

“Online donations don’t count as solicitation.”

Most regulators treat online appeals the same as traditional fundraising requests.


Practical Compliance Approach

Nonprofits do not necessarily need to immediately register nationwide simply because they accept online donations. Instead, organizations should periodically assess their fundraising activity using a structured approach:

  1. Review where donations are originating.
  2. Evaluate whether outreach is targeted or repeated.
  3. Monitor growth in new donor states.
  4. Plan registration expansion before launching national campaigns.
  5. Document internal compliance reviews.

Early planning helps avoid situations where registration gaps are discovered during audits, grant applications, or regulator inquiries.

Which States Follow the Charleston Principles

Below is a table of which states follow the Charleston Principles and which do not. Those that do not follow the Charleston Principles typically have stricter guidelines for when registration obligations begin.

State / JurisdictionStance on Charleston Principles
AlabamaDoes Not Follow
AlaskaFollows as Internal Policy
ArizonaN/A (No general registration required; only veterans charities)
ArkansasDoes Not Follow
CaliforniaDoes Not Follow
ColoradoAdopted (Enacted into law)
ConnecticutFollows as Internal Policy
DelawareN/A (No general registration required)
District of ColumbiaDoes Not Follow
FloridaDoes Not Follow
GeorgiaDoes Not Follow
HawaiiFollows as Internal Policy
IdahoN/A (No general registration required)
IllinoisDoes Not Follow
IndianaN/A (No general registration required)
IowaN/A (No general registration required)
KansasDoes Not Follow
KentuckyFollows as Internal Policy
LouisianaDoes Not Follow
MaineDoes Not Follow
MarylandFollows as Internal Policy
MassachusettsFollows as Internal Policy
MichiganFollows as Internal Policy
MinnesotaFollows as Internal Policy
MississippiAdopted (Enacted into law)
MissouriFollows as Internal Policy
MontanaN/A (No general registration required)
NebraskaN/A (No general registration required)
NevadaDoes Not Follow
New HampshireFollows as Internal Policy
New JerseyFollows as Internal Policy
New MexicoFollows as Internal Policy
New YorkDoes Not Follow
North CarolinaFollows as Internal Policy
North DakotaDoes Not Follow
OhioDoes Not Follow
OklahomaDoes Not Follow
OregonFollows as Internal Policy
PennsylvaniaFollows as Internal Policy
Rhode IslandDoes Not Follow
South CarolinaFollows as Internal Policy
South DakotaN/A (No general registration required)
TennesseeAdopted (Enacted into law)
TexasN/A (Limited registration for public safety, law enforcement, and veterans causes)
UtahN/A (No general registration required effective 5/1/2024)
VermontN/A (No registration required for charities; only paid fundraisers)
VirginiaFollows as Internal Policy
WashingtonFollows as Internal Policy
West VirginiaFollows as Internal Policy
WisconsinFollows as Internal Policy
WyomingN/A (No general registration required)

How Regulators Typically Apply the Principles

In practice, regulators focus less on technical website access and more on overall fundraising behavior. They look at patterns such as:

  • Intentional outreach into a state
  • Frequency of donor interaction
  • Evidence of ongoing solicitation activity
  • Scale and consistency of fundraising efforts

This practical interpretation means compliance obligations often evolve gradually as organizations grow.


Key Takeaway

The Charleston Principles do not require nonprofits to register everywhere simply because they have a website. However, they do establish that online fundraising can create registration obligations once solicitation becomes targeted, repeated, or sustained within a state.

For organizations expanding fundraising nationally, understanding these principles allows compliance planning to occur before regulatory issues arise.


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