Do nonprofits need to register in every state?

By: Jerri-Lynn Wier

Charitable solicitation registration

Many states have laws that control how nonprofit organizations solicit money for charitable purposes. These laws usually require nonprofits to register with a state agency, often the Attorney General’s office, before asking residents for donations.

If your nonprofit wants to raise money or run programs in multiple states that require registration, you can simplify the process by using the Unified Registration Statement (URS). While most states have online registration systems, a few still accept the URS as a standard form. Some states, such as Colorado, Oklahoma, and Florida, have their own specific registration forms and do not accept the URS. 

Also, many states have additional requirements, such as other documents or fees, even when using the URS. 

Charitable registrations often need to be renewed every year. Some exemptions may also require renewal.

Note: There are exemptions for religious organizations. Most nonprofits must register to raise funds in other states, but religious groups are usually exempt from this requirement. It's important for religious organizations to check each state’s rules to see where they are exempt and where they need to register to solicit donations.

Nonprofit registration requirements for key states

Nonprofits frequently engage in business activities and/or fundraising outside their domestic state. 

In this section, we look at registration requirements in states with significant nonprofit activity.

California

Charities represent an important economic sector in California and significantly impact the communities they serve. California also has the highest resident population.

Foreign business registration: A foreign nonprofit corporation – whether based out of state or out of the country – cannot do intrastate business in California without a Certificate of Qualification from the California Secretary of State. This is defined in Corporations Code section 191 as “entering into repeated and successive transactions of its business in this state.”

To qualify for this Certificate, your nonprofit corporation must file a Statement and Designation by Foreign Corporation (Form S&DC-S/N) with the California Secretary of State. You also need to provide a Certificate of Good Standing issued within the last six months by the agency in the state or country where your corporation was formed. This certificate must confirm that the corporation is a nonstock, nonprofit entity.

The application must also include information for a California registered agent to receive service of process.

You must also file Form SI-550 Statement of Information. The first filing is due within 90 days after qualification, and then annually with the Secretary of State’s office.

Charitable solicitation registration: Charitable organizations, including trustees, must register with the Attorney General’s Registry of Charities and Fundraisers within 30 days after they first receive donations, such as cash, property, or other valuable assets for their charitable work.

You also need to complete the Registry’s Initial Registration Form (Form CT-1) and provide a copy of your tax exemption application (IRS Form 1023 or Form 1023-EZ) if your nonprofit submitted one to the IRS, along with a copy of your IRS determination letter (if applicable).

Articles of incorporation should also be submitted and stamped with the corporate number given by the Secretary of State, including any amendments, as well as your nonprofit’s current bylaws.

All charitable trustees and fundraising professionals must register and file annual financial disclosure reports with the Registry. Additionally, nonprofit organizations that hold raffles for charitable purposes must register and file an annual financial report.

New York

Nonprofits play an important role in the New York economy at both the state and local levels.

Foreign business registration: To register in New York, out-of-state nonprofits must file an Application for Authority with the New York Department of State. This application must include a Certificate of Existence, a Certificate of Good Standing, and a Certificate of Status from your nonprofit's home state.

In New York, the Secretary of State serves as the official contact for your nonprofit. This means that any legal documents can be sent to this office. You can also choose a registered agent in New York to receive those documents on your behalf.

Charitable solicitation registration: If your organization has charitable assets, does charitable work in New York, or asks for donations (including grants from foundations or government), you must register with the Charities Bureau. The Charities Bureau is part of the New York State Attorney General’s Office. Organizations that are not exempt also need to file annual financial reports with the Attorney General’s office.

Texas

Texas is the second most populous state in the U.S., and its nonprofit sector is rapidly expanding, nearly doubling in size every decade for the past 30 years. 

Foreign business registration: If your nonprofit corporation actively raises money in Texas, it may need to register with the Texas Secretary of State. To do this, you must file an Application for Registration, which should include a Certificate of Good Standing from your home state.

The application also needs to provide details about a registered agent and a registered office in Texas. 

If your nonprofit’s activities in Texas are limited to interstate commerce, such as communicating by mail or phone or using independent contractors, it likely does not need to register. However, even if it is not physically present in Texas, your nonprofit might still have to register to join a state employee charitable campaign under the Government Code subchapter I, chapter 659.

Additionally, any foreign entity that provides limited liability to its owners under its home state laws must register in Texas. Foreign entities that owe state franchise taxes must file an annual franchise tax report with the Texas Comptroller of Public Accounts. 

Foreign nonprofit corporations that do not owe franchise taxes need to file a periodic report every four years. The Secretary of State will send a notice to the registered agent's address when it's time to file this report.

Charitable solicitation registration: In Texas, most charities and nonprofit organizations do not have to register with the state. However, some organizations must register. This includes law enforcement groups that ask for donations by phone, public safety organizations and their fundraisers, and veteran organizations and their fundraisers. Registration is done either with the Office of the Attorney General (OAG) or the Texas Secretary of State.

Florida

Florida has one of the fastest-growing populations in the nation, and nonprofits are crucial in addressing community needs across the state.

Foreign business registration: To qualify as a nonprofit in Florida, you must submit a cover letter along with a certificate of existence, also known as a Certificate of Good Standing. This certificate must be original, no more than 90 days old, and verified by the Secretary of State or the appropriate official who manages corporate records in your state or country. A photocopy will not be accepted.

You must then complete the official application form, making sure to include information about a registered agent in Florida and provide a signed acceptance from this agent, confirming they will receive legal documents on behalf of your nonprofit.

Florida also has an annual report requirement for all registered business entities.

Charitable solicitation registration: If you want to ask for donations in Florida, you must register with the Florida Department of Agriculture and Consumer Services (FDACS) and renew your registration every year. This applies to charities, sponsors, professional fundraisers, and fundraising consultants. FDACS collects registration fees and can impose penalties if you don’t comply. 

Some organizations or sponsors may be exempt from this requirement. If your total revenue (including donations) is under $50,000, you have no paid volunteers, officers, or members, and you don’t use a professional fundraising consultant or solicitor, you can fill out the Small Charitable Organizations/Sponsors Application.

New Jersey

Nonprofit organizations in New Jersey play a crucial role in the state's social, economic, and community landscape.

Foreign business registration: New Jersey requires some out-of-state businesses to register as foreign entities under specific circumstances.

To register, you need a Certificate of Good Standing from your home state, dated within 30 days of when you apply and file a certificate of authority and a tax/employer registration form (Form NJ-REG). 

Additionally, your nonprofit must choose a registered agent in New Jersey to receive legal documents. Finally, you must comply with New Jersey regulations that require registered businesses to file an annual report.

Charitable solicitation registration: Most charities that seek donations in New Jersey are legally required to register and submit annual financial reports to the New Jersey Division of Consumer Affairs. Additionally, every charity registered in New Jersey must renew its registration annually, within six months after the end of its fiscal year.

Utah

The nonprofit sector in Utah is essential for the state’s economic health and the overall well-being of its communities. Utah is consistently recognized as one of the top states in the nation for charitable donations and volunteer engagement.

Foreign business registration: Starting January 1, 2025, all nonprofits, both local and foreign, that operate in Utah (meaning they solicit donations) must register with the Utah Division of Corporations and Commercial Code (DCCC). They also need to upload a copy of their latest IRS Form 990, 990-EZ, 990-N, or 990-PF every year.

For out-of-state nonprofits, the registration process requires choosing a registered agent in Utah who can receive legal documents. You also need to get a Certificate of Good Standing (or Certificate of Existence) from your home state, issued within the last 90 days. Then, submit your application to conduct business with the Utah Department of Commerce - Division of Corporations and Commercial Code.

Additionally, all nonprofits, whether domestic or foreign, must file an annual report (called a “renewal”) in Utah.

Charitable solicitation registration: Nonprofits no longer need to submit the seven-page application from the Division of Consumer Protection, the statement of functional expenses, or any other documents, except for Form 990. 

However, the Utah Division of Consumer Protection is still responsible for enforcing Utah’s Charitable Solicitations Act. This means they can issue fines to nonprofit organizations that do not follow this new rule.

Idaho

The nonprofit sector in Idaho is essential for driving economic stability and improving community well-being.

Foreign business registration: Idaho does not have charitable solicitation laws that require charities to register before asking for donations. However, out-of-state nonprofit organizations may need to register to conduct business in Idaho when they engage in other activities. 

To register, your organization must find a registered agent in Idaho to accept legal documents. You also need to get a Certificate of Existence or Certificate of Good Standing from your home state, dated within the last 90 days, and submit a Foreign Registration Statement to the Idaho Office of the Secretary of State.

In addition, Idaho requires all registered business entities to file an annual report.

Charitable solicitation registration: Idaho does not require charities to register before fundraising, nor do they need to report these activities to the Idaho Attorney General.

South Carolina

There are more than 17,000 charities registered with the South Carolina Division of Public Charities. 

Foreign business registration: If your organization plans to operate in South Carolina, it must apply for a Certificate of Authority. 

If you intend to solicit donations, you need to register with the Secretary of State. However, you might not have to go through a separate process for foreign qualification. 

According to §33-31-1501, asking for certain contributions, as described in Section 33-55-20(3) or similar statutes, does not count as doing business in South Carolina. 

To obtain foreign qualification for your nonprofit corporation, you must provide a recent Certificate of Good Standing (dated within 39 days of the filing date in South Carolina), choose a registered agent in South Carolina, and submit an application for a Certificate of Authority to Transact Business. 

Foreign for-profit corporations must also file a CL-1 Initial Annual Report with the South Carolina Department of Revenue. Foreign nonprofit corporations do not have this requirement. 

If your corporation’s domestic name is not available in South Carolina, you must include a certified copy of the board's resolution that approves the use of a fictitious name with the application. 

Finally, South Carolina requires all registered business entities to file an annual report.

Charitable solicitation registration: All charitable organizations that ask for donations or have donations requested for them must register with the Secretary of State’s Office before they start any fundraising activities. They must also register each year unless they are exempt from registration by law. 

• If your charity needs to register, you must submit a Registration Statement for a Charitable Organization (PDF) each year. Additionally, you must file either the Secretary of State’s Annual Financial Report Form (PDF) or IRS Form 990, 990-EZ, or 990-PF each year. 
• For organizations that do not need to file with the Secretary of State, see S.C. Code of Laws §33-56-20. 
• For organizations that are exempt from registration, see S.C. Code of Laws §33-56-50. Exempt organizations must file an Application for Exemption (PDF) with the Secretary of State every year. 

If your charitable organization stops qualifying for an exemption at any time, it must register as a charitable organization immediately.

Learn more

Vcorp can guide you through the process of forming a nonprofit corporation, applying for 501(c)(3) status with the IRS, registering with other states, applying for state tax exemptions, and ensuring you comply with all taxes that affect religious nonprofits. Contact Vcorp today for more information. 

Related resources: 

Application for Exemption

Nonprofit Formations

State Tax Exemption

Charitable Solicitation Registrations