Understanding Multi-State Fundraising Requirements

SPEAKER_00: 0:00

Welcome to the Nonprofit Compliance Brief, where we explain charitable solicitation and multistate fundraising requirements in clear, practical terms for nonprofit leaders and finance teams. This podcast is produced by Ironwood Registrations. And uh I have to say, getting right into this deep dive today, I’ve spent all morning going through the stack of documents and legal briefs you sent over.

SPEAKER_01: 0:21

Ah, the multi-state fundraising guidelines.

SPEAKER_00: 0:24

Yeah, those exact ones. And to be totally honest with you, um, my primary reaction was just pure frustration.

SPEAKER_01: 0:30

Well, yeah, frustration is actually a very um very common starting point for this topic. Trevor Burrus, Jr.

SPEAKER_00: 0:35

It just feels so disjointed. Like on the surface, charitable solicitation registration sounds like a standard administrative task. Right.

SPEAKER_01: 0:43

You think you just check a box and move on.

SPEAKER_00: 0:44

Exactly. You check a box, you pay a fee, you’re done. But when you actually read the source material, you realize we’re talking about a system that feels, well, it almost feels designed to trip organizations up.

SPEAKER_01: 0:54

It really does. It’s contradictory.

SPEAKER_00: 0:56

Highly contradictory. And it feels incredibly outdated. Suddenly, if a nonprofit is out there doing a really good job at fundraising, they effectively just get punished with a mountain of paperwork.

SPEAKER_01: 1:08

That is the ultimate paradox of modern success in the nonprofit sector. I mean, you want to grow, right? You want to reach more donors and you want your mission to spread.

SPEAKER_00: 1:17

Of course, that’s the whole point.

SPEAKER_01: 1:18

But every single step forward on the fundraising side takes you uh two steps deeper into this regulatory swamp.

SPEAKER_00: 1:27

And that’s exactly what I want to unpack for everyone today. I don’t want to just, you know, list the rules. Anyone can Google a list of state statutes.

SPEAKER_01: 1:34

Right. That’s not helpful.

SPEAKER_00: 1:36

No, I want to understand the mechanism here. Why does a system even exist? And how does a finance director actually manage it without losing their mind?

SPEAKER_01: 1:44

A very fair question.

SPEAKER_00: 1:45

And specifically, I want to look at these uh these Charleston principles that were mentioned in the notes. Do they actually help or do they just confuse things further?

SPEAKER_01: 1:54

Honestly, they do a little bit of both.

SPEAKER_00: 1:56

Uh-huh.

SPEAKER_01: 1:57

But uh, we will definitely get there.

SPEAKER_00: 1:59

Good, because we need to clear that up.

SPEAKER_01: 2:00

We do. And really the goal for this deep dive is to take that frustration you’re feeling and turn it into a concrete strategy for you.

SPEAKER_00: 2:08

Okay, I like the sound of that.

SPEAKER_01: 2:09

Yeah. We need to move away from looking at compliance as this binary switch. You know, am I compliant? Yes or no? And instead start seeing it as a spectrum that scales right alongside your organization.

SPEAKER_00: 2:22

Compliance is a spectrum. I really like that concept. But I guess to understand where we are on that spectrum, we kind of have to look at the foundation first.

SPEAKER_01: 2:31

We do.

SPEAKER_00: 2:31

Reading through the history in the brief, it seems like the fundamental problem is that the laws are entirely analog, but the fundraising is digital.

SPEAKER_01: 2:39

That is exactly it. If you look at the origin story of these laws, they were written for a world that simply does not exist anymore. We were talking about the pre-internet pre-direct mail era.

SPEAKER_00: 2:49

Aaron Powell Right. The uh the soup kitchen era, effectively.

SPEAKER_01: 2:52

Exactly. Picture a local food pantry in, say, 1950s Chicago. They raise money in Chicago and they help people in Chicago.

SPEAKER_00: 2:59

And if they ran a fundraiser, they were literally knocking on doors within what, a 10-mile radius?

SPEAKER_01: 3:04

A 10-mile radius, or passing a physical collection plate at a local event.

SPEAKER_00: 3:10

So it completely makes sense that Illinois would step in and say, hey, we need to regulate you to protect our citizens from fraud.

SPEAKER_01: 3:16

Precisely. It was and honestly still is consumer protection. The state has a vested interest in making sure that if a resident hands over a$5 bill, it’s actually going to charity and not into someone’s personal pocket.

SPEAKER_00: 3:31

Which makes sense.

SPEAKER_01: 3:32

It does. And the jurisdiction was clear because the activity was physical. You were standing on their sidewalk asking for cash.

SPEAKER_00: 3:38

But then the model completely broke.

SPEAKER_01: 3:40

Completely.

SPEAKER_00: 3:41

First came direct mail, which allowed you to reach across state lines without moving an inch. And then obviously the internet just obliterated the concept of local entirely.

SPEAKER_01: 3:50

The internet changed absolutely everything. Now, a small animal rescue in rural Vermont can have a viral video on TikTok, and suddenly within 48 hours, they’re getting donations from all 50 states.

SPEAKER_00: 4:01

But the laws didn’t update to say national fundraising. They stayed as Vermont laws, Texas laws, California laws.

SPEAKER_01: 4:08

Correct. We have a national or even global fundraising reality, but it’s regulated by 50 separate referees who are all using slightly different rule books.

SPEAKER_00: 4:19

And that brings us to the core friction point I found in the documents. There is this section in the notes that says, quote, compliance follows where the fundraising occurs, not where the nonprofit is located. Yes. I think this is where the logic really trips people up, because in almost any other business context, you just worry about where your office is.

SPEAKER_01: 4:37

It is the single biggest hurdle to understanding this whole system. Most business logic is entirely based on physical presence. If I open a coffee shop in Seattle, I follow Seattle health codes, I don’t care at all what the health code is in Miami.

SPEAKER_00: 4:52

But in fundraising.

SPEAKER_01: 4:53

In fundraising, the activity isn’t where you are sitting, it’s where the ask lands.

SPEAKER_00: 4:57

Where the ask lands.

SPEAKER_01: 4:58

Right. If you are sitting in Seattle, but you send an email asking for money to someone in Miami, the transaction, the actual solicitation is legally happening in Florida.

SPEAKER_00: 5:09

Okay, so let’s bust a major myth here. I think a lot of executive directors assume multi-stent fundraising means, oh, we are the Red Cross.

SPEAKER_01: 5:18

Yes, the physical presence myth.

SPEAKER_00: 5:20

Right. They think it means we have chapters and physical buildings and staff on the ground in multiple states.

SPEAKER_01: 5:27

And it is so dangerous because it gives you this false sense of security. You think, well, we’re small, we’re just in one office, so we’re obviously exempt.

SPEAKER_00: 5:34

But the source material is crystal clear on this. You are a multi-state fundraiser the moment your solicitation crosses state lines.

SPEAKER_01: 5:42

The very moment. And solicitation is defined incredibly broadly in these statutes. It’s not just some formal grant proposal.

SPEAKER_00: 5:49

It’s almost anything, isn’t it?

SPEAKER_01: 5:50

Almost anything. It’s a newsletter, it’s a donate now button in an email footer, it’s a Facebook post that you boosted to a specific demographic.

SPEAKER_00: 5:58

Wow.

SPEAKER_01: 5:58

If you are asking for support, and that ask lands in a regulated state, you have theoretically triggered that state’s interest.

SPEAKER_00: 6:06

This perfectly connects to the phrase unintentional growth that was in the research. It implies you don’t plan to become a multi-state filer, you just plan to be successful.

SPEAKER_01: 6:16

Exactly. You do a great job, a donor shares your story, and suddenly you have a cluster of donors in Oregon.

SPEAKER_00: 6:22

And you didn’t even target Oregon.

SPEAKER_01: 6:24

You’ve never even been to Oregon. But Oregon is now looking at you saying, wait a minute, who is people asking our residents for money?

SPEAKER_00: 6:31

So let’s get specific on the how of it all. How does a state actually claim jurisdiction? Because if I am sitting in New York and a guy in Texas just sends me a check out of the blue, surely Texas can’t claim I solicited him. That seems like a massive overreach.

SPEAKER_01: 6:48

That’s where the nuance really lies. It’s all about the relationship. States are looking for a few specific criteria to establish that jurisdiction. First, they look for targeted communications.

SPEAKER_00: 6:58

Like buying a mailing list.

SPEAKER_01: 6:59

Exactly. Did you buy a mailing list of Texas residents? Did you run digital ads specifically targeting Texas IP addresses?

SPEAKER_00: 7:06

Okay, so active targeting makes perfect sense. That’s highly intentional.

SPEAKER_01: 7:09

Right. But they also look for repeated and systematic donations.

SPEAKER_00: 7:14

Meaning what exactly?

SPEAKER_01: 7:16

Well, if you get one random check from Texas, usually you’re fine. But if you start getting monthly checks from 20 different people in Texas and you’re sending them thank you notes and annual appeals and newsletters.

SPEAKER_00: 7:27

You are building a donor base in their state.

SPEAKER_01: 7:30

You are maintaining an active relationship, and the state regulates that relationship. The mental model to use here is that the state regulates the interaction between the donor and the entity completely, regardless of where the entity sleeps at night.

SPEAKER_00: 7:43

Okay, this leads us directly to the elephant in the server room, which is the website.

SPEAKER_01: 7:48

Ah yes. The website.

SPEAKER_00: 7:49

Because every nonprofit has a website, and every single website has a donate button. If that button is visible in all 50 states, does that mean I technically have to register in all 50 states the very day I launch my site?

SPEAKER_01: 8:02

Aaron Powell This is what we call the online dilemma. And honestly, if the answer to that were a hard yes, the entire nonprofit sector would just collapse under the administrative weight tomorrow.

SPEAKER_00: 8:12

Aaron Powell So there has to be a mechanism to deal with this, right?

SPEAKER_01: 8:14

Aaron Powell Not a loophole exactly, but there is guidance. And this is where those Charleston principles you asked about come into play.

SPEAKER_00: 8:21

Aaron Powell Okay, let’s break this down. Because the Charleston principles sounds like a very polite southern dance, but the text here suggests they’re actually a regulatory framework from wait, 2001.

SPEAKER_01: 8:32

Yes, 2001.

SPEAKER_00: 8:33

That is practically ancient in internet years.

SPEAKER_01: 8:36

It is ancient. It was written when online fundraising literally meant a static HTML page. But remarkably, it is still the primary guidance most states use today.

SPEAKER_00: 8:48

Unbelievable. So how do they work?

SPEAKER_01: 8:50

The principles essentially divide the world into passive and active solicitation.

SPEAKER_00: 8:54

Let’s define passive first.

SPEAKER_01: 8:55

Passive is just having the website. You have a donate button, it exists. If someone from Idaho stumbles upon it and gives you money, that is passive.

SPEAKER_00: 9:03

Okay.

SPEAKER_01: 9:04

Generally speaking, that alone does not trigger a registration requirement in Idaho.

SPEAKER_00: 9:07

Aaron Powell It’s like having a billboard in your hometown. If a tourist drives by and sees it, you didn’t specifically target the tourist.

SPEAKER_01: 9:13

That is a perfect analogy. But the moment you cross into active solicitation, the whole game changes.

SPEAKER_00: 9:19

And active is what? Sending the email?

SPEAKER_01: 9:21

It’s sending the email. It’s sending a physical letter. It’s running a digital ad campaign. But here is where it gets really sticky, and the sources heavily highlight this. It’s also about follow-up. What do you mean by follow-up? Let’s say that person from Idaho finds your passive website and donates. Great. But what do you do next? You put them on your mailing list.

SPEAKER_00: 9:42

Well, of course you do. You want to cultivate the donor. That’s just fundraising 101.

SPEAKER_01: 9:46

Right. So next month, you send an email blast to your whole list, including that person in Idaho, asking for money for your winter campaign.

SPEAKER_00: 9:54

And boom, now I am active.

SPEAKER_01: 9:56

Now you are actively targeting a resident of Idaho. You’ve crossed the line from passive to active.

SPEAKER_00: 10:01

Wow. So the trap is actually in the retention.

SPEAKER_01: 10:05

Exactly.

SPEAKER_00: 10:06

The standard baseline best practice of stewardship, thanking your donors and keeping them engudged is exactly what triggers the compliance requirement.

SPEAKER_01: 10:15

Precisely. That is the massive aha moment for a lot of finance directors. The internet isn’t a get out of jail free card, it’s actually an accelerator for these obligations because it makes it so incredibly easy to turn a passive visitor into an active donor relationship.

SPEAKER_00: 10:32

Okay, so we’ve firmly established that if you’re growing, you are likely triggering these rules. Now let’s talk about the actual pain of doing it.

SPEAKER_01: 10:39

The fun part.

SPEAKER_00: 10:40

Right. Because I look at this and think, okay, fill out a form, pay 50 bucks, move on. But the section on scaling complexity and the research suggests it’s an absolute nightmare. Why is it so hard? Is it just the sheer volume of 50 states?

SPEAKER_01: 10:54

It’s the patchwork problem. If every state used the exact same form with the exact same due date and the same fee, kind of like the IRS 990, this would be annoying, but manageable.

SPEAKER_00: 11:05

That they don’t do that.

SPEAKER_01: 11:06

They absolutely don’t.

SPEAKER_00: 11:07

Give me some examples from the data. Like how different are we really talking?

SPEAKER_01: 11:10

Completely different. Let’s look at renewal deadlines. In some states, your renewal is strictly due on May 15th. In others, it’s November 15th.

SPEAKER_00: 11:18

And the rest.

SPEAKER_01: 11:18

In others, it’s based on the anniversary of the exact day you first registered.

SPEAKER_00: 11:22

Oh, that’s brutal. So you can’t just have a dedicated compliance week once a year and knock it all out.

SPEAKER_01: 11:27

No, it is a year-round rotating calendar. And then there are the financial thresholds. Some states require a full independent audit if you raise over$500,000 totally.

SPEAKER_00: 11:37

Okay. Standard.

SPEAKER_01: 11:38

But others set the bar at$1 million. And then some require an audit if you raise any money from their state specifically, regardless of your total revenue.

SPEAKER_00: 11:47

And I assume the forms themselves are asking for totally different things.

SPEAKER_01: 11:51

It’s wild. Some states want just a copy of the 990. Easy. Some want their own specific worksheet that calculates overhead completely differently than the IRS does. I wish I were. And some require wet signatures, actual ink on paper, while others are strictly online portals.

SPEAKER_00: 12:08

Wet signatures in this day and age.

SPEAKER_01: 12:10

Oh yes. And notarized documents sent via certified mail. It is purely administrative fiction.

SPEAKER_00: 12:17

So when you scale from being in one state to being in 30 states, you aren’t just doing 30 times the work. You are managing 30 entirely different workflows.

SPEAKER_01: 12:28

Exactly. When you are registered in your home state, the executive director handles it on a Tuesday afternoon. When you are registered in 40 states, compliance stops being a chore and becomes a dedicated department.

SPEAKER_00: 12:41

Or at least a very expensive line item for an outsourced firm.

SPEAKER_01: 12:45

Exactly.

SPEAKER_00: 12:46

It really explains why so many people get this wrong. The sources list these common misunderstandings, and reading through them, they honestly just seem like honest mistakes. It doesn’t seem like malice.

SPEAKER_01: 12:56

They almost always are honest mistakes. Very few nonprofits are out there trying to hide revenue or skirt the law. They just assume logic applies where it doesn’t.

SPEAKER_00: 13:05

Like the one and done mentality.

SPEAKER_01: 13:06

Right. We registered in Florida back in 2019, so we’re good.

SPEAKER_00: 13:10

Yeah.

SPEAKER_01: 13:11

No, you have to renew every single year.

SPEAKER_00: 13:13

And if you don’t.

SPEAKER_01: 13:14

If you miss a year, you get hit with late fees, and sometimes you have to re-register entirely from scratch, which is even more expensive.

SPEAKER_00: 13:20

And what about exemptions? I see a lot of notes here about religious organizations and schools. That seems like a massive area of confusion.

SPEAKER_01: 13:28

That is a huge trap. People think, well, I’m a church, I’m exempt. Or I’m an educational foundation, I’m exempt.

SPEAKER_00: 13:34

And they aren’t.

SPEAKER_01: 13:35

Often you are exempt from the fee or the full long form filing. But, and this is the critical part, you usually still have to file paperwork to legally tell them you are exempt.

SPEAKER_00: 13:46

Wait, you have to register to tell them you don’t need to register?

SPEAKER_01: 13:49

Essentially, yes. You can’t just ghost the state. If they see you fundraising and you aren’t on their list, they send a letter. They don’t magically know your church until you tell them.

SPEAKER_00: 13:58

That is wild. Okay, so let’s pivot to the solution. Because we have painted a picture of a terrifying, expensive administrative hydra here.

SPEAKER_01: 14:08

We really have.

SPEAKER_00: 14:08

But we promised a strategy at the top of the show. The notes mention compliance as a spectrum. How does a nonprofit leader, maybe someone listening right now, who is sweating because they just realize they have 500 donors in California? How do they tackle this without completely panicking?

SPEAKER_01: 14:25

The very first step is to stop looking for perfection. You are not going to be 100% compliant in 50 states by next Friday.

SPEAKER_00: 14:32

Right.

SPEAKER_01: 14:33

That’s impossible. And honestly, probably financial suicide for a smaller organization to try and do all at once. So don’t try to boil the ocean. Right. The spectrum mindset says match your compliance to your risk.

SPEAKER_00: 14:45

What’s the practical first step then?

SPEAKER_01: 14:47

Data. You need to look at your donor geography. Pull a report from your CRM today. Where is the money actually coming from?

SPEAKER_00: 14:55

So just look at the zip codes.

SPEAKER_01: 14:57

Exactly. Sort by state. If you see you have three donors in North Dakota giving you 20 bucks a year, you probably don’t need to rush to register there tomorrow.

SPEAKER_00: 15:04

Okay, that lowers the temperature a bit.

SPEAKER_01: 15:06

But if you see that 20% of your revenue is coming from New York and Florida and you aren’t registered there, that’s a flashing red light.

SPEAKER_00: 15:13

So prioritize the high volume, high-risk states first.

SPEAKER_01: 15:17

Yes. Secure your biggest revenue streams. Because those are also the states most likely to notice you anyway.

SPEAKER_00: 15:22

And what about the proactive piece? The notes specifically mention aligning compliance with fundraising planning.

SPEAKER_01: 15:29

This is the sign of a truly mature organization. Instead of compliance being the cleanup crew that comes in after the fundraising party, they should be involved in the planning of the party.

SPEAKER_00: 15:39

So before the development director launches the big Save the Wales campaign, specifically targeting wealthy donors in Connecticut.

SPEAKER_01: 15:46

They should ask, hey, are we legally allowed to ask for money in Connecticut? Yeah. If the answer is no, you file the paperwork before you send the mail.

SPEAKER_00: 15:54

Predictability over perfection.

SPEAKER_01: 15:55

Exactly. If you know the rules, you can budget for them. You can say, okay, entering these five new states will cost us$2,000 in filing fees and 10 hours of staff time. That is a rational business decision.

SPEAKER_00: 16:07

Right. It’s manageable.

SPEAKER_01: 16:08

But getting hit with a surprise$5,000 sign because you ignored it, that’s a crisis.

SPEAKER_00: 16:13

It totally takes the emotion out of it. It just becomes cost of goods sold.

SPEAKER_01: 16:17

It turns it back into a manageable business process. And this really speaks to the central theme we want to drive home today, which is, and I quote the guidance here, compliance tends to expand alongside fundraising growth. And organizations that review requirements periodically avoid most problems.

SPEAKER_00: 16:33

That is so key. It sounds like regular checkups are the secret weapon. Don’t let it go five years without looking at where your donors are actually living.

SPEAKER_01: 16:41

Exactly. Make it a standard part of your annual audit or your strategic planning retreat.

SPEAKER_00: 16:46

I want to zoom out for a second as we wrap up. We’ve talked extensively about the what and the how. But let’s look at the why one more time.

SPEAKER_01: 16:53

Sure.

SPEAKER_00: 16:54

Aside from just avoiding fines, which obviously is a great motivator, why should a nonprofit leader actually care about this? Is there a tangible benefit, or is it just endless red tape?

SPEAKER_01: 17:05

There is a real benefit. And it goes all the way back to that original concept of trust we talked about with the soup kitchen. The laws are a mess, yes. But the underlying principle, transparency, is noble.

SPEAKER_00: 17:16

The public has a right to know who is taking their money.

SPEAKER_01: 17:19

Exactly. When you ask the public for money, you are entering a contract of sorts. You are saying, trust us with your hard-earned cash. Registration puts your financials on the public record. It proves you are a legitimate functioning entity.

SPEAKER_00: 17:33

It’s like a seal of legitimacy.

SPEAKER_01: 17:35

It is. We’ve actually seen data suggesting that donors, especially major donors and institutional foundations, check this stuff.

SPEAKER_00: 17:43

Really? They look it up.

SPEAKER_01: 17:44

They do. If they look you up on the state charity registry and you aren’t there, or worse, you’re listed as delinquent, that big check might simply not get written.

SPEAKER_00: 17:53

So noncompliance is actually a massive revenue leak.

SPEAKER_01: 17:56

Absolutely. Organizations that view compliance as a vital part of their growth strategy rather than just a burden tend to have much more stable, sustainable fundraising operations overall.

SPEAKER_00: 18:08

You know, that leads me to a provocative thought I want to leave everyone with as they mull this over. We usually talk about compliance as a tax on our time, something that inherently takes away from the mission. But maybe we need to completely flip the script. Oh so while if you are hitting these compliance triggers, if you find yourself needing to register in 10, 20, or 30 states, that means you are winning.

SPEAKER_01: 18:30

That’s very true.

SPEAKER_00: 18:31

It means your message is resonating out there. It means people across the country want to support you. Compliance isn’t a penalty for success, it’s a necessary component of stable fundraising operations.

SPEAKER_01: 18:43

I love that framing.

SPEAKER_00: 18:44

Right. Don’t wait for a problem to fix it. Plan for it as part of your growth. Embrace the paperwork as ac actual tangible proof that you’re making a difference.

SPEAKER_01: 18:53

Well said. It really is a growing pains of a healthy organization.

SPEAKER_00: 18:57

If you found this discussion helpful, you can find additional compliance guides and visual resources at ironwoodregistrations.com. Thanks for listening.