At a Glance

In Virginia, most charitable organizations must register with the Office of Charitable and Regulatory Programs (OCRP) before soliciting contributions. The initial registration costs $100, and organizations must renew annually with fees ranging from $30 to $325 based on gross contributions. Missing registration can result in penalties up to $5,000 per violation.

Completing charitable solicitation registration in Virginia is a legal requirement for organizations that solicit contributions in the Commonwealth. Missing this step can lead to penalties up to $5,000 per violation.

Fortunately, navigating the charity registration process doesn’t have to be complicated. While the charitable solicitation requirements might seem overwhelming at first, understanding the proper steps for securing your nonprofit license can save you significant headaches down the road.

This step-by-step guide will walk you through everything you need to know about registering for charitable solicitation in Virginia. From determining if you need to register to completing the renewal process, we’ll break down each step into manageable actions. Additionally, we’ll explore how charitable registration services can streamline the entire process for your organization, making nonprofit compliance easy.

Determine If Your Organization Needs to Register

Before launching your fundraising campaigns in Virginia, understanding the registration requirements is essential. The Virginia Solicitation of Contributions Law (VSOC) establishes clear guidelines about who needs to register and what activities require registration.

What counts as charitable solicitation in Virginia

Under Virginia law, charitable solicitation encompasses any request for donations made to the public. The Office of Charitable and Regulatory Programs (OCRP) at the Virginia Department of Agriculture and Consumer Services oversees these regulations, requiring organizations to complete their charitable solicitation registration prior to any fundraising activities.

Essentially, solicitation refers to the act of requesting contributions for charitable purposes. This includes both direct and indirect requests, regardless of whether they’re made in person, through mail, online, or via other communication channels. The law applies to organizations based in Virginia and those operating from outside the state but soliciting Virginia residents.

Moreover, registration with OCRP does not imply endorsement of your fundraising efforts. The primary purpose of this requirement is to ensure transparency and accountability in the nonprofit sector.

Types of organizations that must register

According to Virginia law, every charitable organization intending to solicit contributions within the Commonwealth must register with the OCRP before beginning any solicitation activities. This requirement applies to:

• Organizations with 501(c)(3) status conducting fundraising
• Groups soliciting on behalf of other charitable causes
• Out-of-state nonprofits fundraising from Virginia residents

Note: Depending on your activities (such as maintaining an office or employees in Virginia), additional business registration requirements may apply under other state laws.

Failing to register can result in serious consequences. Organizations that willfully and knowingly violate these laws may face misdemeanor charges and civil penalties up to $5,000 per violation, plus expenses and attorney’s fees.

Common fundraising methods that trigger registration

Nearly all forms of fundraising qualify as solicitation under Virginia law. Before starting your nonprofit license process, consider whether your organization uses any of these common solicitation methods:

• Written or oral requests for contributions
• Press announcements soliciting support
• Distribution of fundraising materials, advertisements, or publications
• Sales of items where proceeds benefit the charity (merchandise, subscriptions, tickets)
• Online fundraising campaigns targeting Virginia residents
• Certain grant solicitations

Unless specifically exempted, organizations must complete their charitable solicitation registration before engaging in these activities. Notably, the law applies regardless of whether you’re raising funds through volunteers or paid staff.

The registration process, though straightforward with proper guidance, requires careful attention to detail. Organizations must provide specific information about their fundraising practices, including the percentage of fundraising expenses from the most recent fiscal year.

Check If You Qualify for an Exemption

Many nonprofits operating in Virginia can avoid the full registration process altogether. The Commonwealth offers several exemption options for certain types of organizations or fundraising activities. Understanding these exemptions could save your organization valuable time and resources.

Overview of exemption categories

Virginia law provides multiple exemption categories for charitable solicitation registration. Organizations that may qualify include:

• Educational institutions and their foundations
• Churches and associations of churches
• Organizations soliciting less than $5,000 annually (with conditions set by law)
• Groups that solicit only from their own members
• Civic organizations, including local service clubs and volunteer groups
• Health care institutions granted §501(c)(3) status
• Organizations soliciting via certain grant proposals
• Nonprofits soliciting in five or fewer contiguous cities and counties in Virginia (subject to local registration and other statutory conditions)

Even if your organization fits one of these categories, you must formally apply for the exemption. Exemptions are not automatic—you need to complete the appropriate paperwork with OCRP.

How to file Form 100 for exemption

To claim an exemption, you must file Form 100 (Virginia Exemption Application for Charitable or Civic Organization). Begin by reviewing the form to determine if your organization’s activities qualify under any exemption category.

First, select the single exemption category on the form that best describes your organization. Subsequently, complete the section specific to that category. The application requires a $10.00 filing fee, made payable to “Treasurer of Virginia.”

Once submitted, your exemption remains in effect as long as your organization continues to meet the qualifying criteria. Nevertheless, if your activities change, you might need to register using Form 102. Organizations unsure about their exemption status can benefit from charitable registration services that specialize in compliance matters.

Documentation required for exemption approval

Alongside your completed Form 100, you must submit several documents:

• A list of current officers, directors, trustees, and principal salaried staff with their names and addresses
• Financial documentation such as a signed copy of your previous fiscal year’s Form 990, 990EZ, or 990PF, or audited financial statements; certain organizations may submit a treasurer’s report instead
• Your organization’s certificate of incorporation, articles of incorporation, and amendments (if incorporated), or other governing documents if unincorporated
• Copies of bylaws and amendments
• IRS determination letter showing tax-exempt status (or pending application)

Depending on your exemption category, additional documentation may be necessary. For instance, civic organizations must provide a list of current directors, officers, trustees, staff, members, and volunteers.

If after reviewing Form 100 you determine that your organization doesn’t qualify for exemption, you would then proceed with the standard charitable solicitation registration process using Form 102.

Remember that although an organization might qualify for exemption from registration requirements, it may still need to meet other legal obligations related to nonprofit operations in Virginia.

Complete the Initial Registration Process

Once you’ve determined that your organization needs to register and doesn’t qualify for an exemption, it’s time to complete the initial registration process. The Virginia Office of Charitable and Regulatory Programs (OCRP) requires documentation to ensure transparency in nonprofit fundraising activities.

Filing Form 102: What you need to know

Form 102, officially known as the “Registration Statement for a Charitable Organization,” serves as the primary application for charitable solicitation registration in Virginia. This document must be submitted prior to any solicitation activities in the Commonwealth. Organizations that solicit without proper registration may face penalties and legal complications. Two authorized officers—specifically the Chief Financial Officer and President—must sign the form to validate your application. Your organization cannot solicit contributions until officially registered with OCRP.

Required documents and attachments

Along with your completed Form 102, you must submit:

• Financial documentation: Most recent IRS Form 990, 990-PF, or 990-EZ with all required schedules (excluding Schedule B) or certified audited financial statements
• Organization information: Certificate and articles of incorporation, any amendments, and bylaws
• Leadership details: List of officers, directors, trustees, and principal salaried executive staff with their names, titles, and addresses
• IRS determination letter confirming tax-exempt status (or application copy if status is pending)
• Signed copies of contracts with any professional fundraising counsel or solicitors

Newly formed organizations with no financial history should instead provide a budget for the current fiscal year. Organizations eligible to file IRS Form 990-N should submit a certified treasurer’s report.

How to pay the registration fee

First-time registrants must pay a **$100 initial registration fee**. Make checks payable to “Treasurer of Virginia.” Organizations with prior financial history must additionally pay an annual fee based on their gross contributions, ranging from $30 to $325.

For organizations using charitable registration services, these fees would typically be handled as part of the comprehensive compliance package, ensuring accurate calculations and timely payments.

Where and how to submit your application

Send your completed application package to:

For express delivery, use:
102 Governor St, Lower Level
Richmond, VA 23218

Virginia accepts filings by mail; check the VDACS site and forms for any currently approved online filing options. File original documents as instructed on the forms.

Tips to avoid common filing mistakes

Filing errors often lead to application delays or rejections. Therefore, consider these preventative measures:

• Ensure all required signatures are obtained—both the CFO and president must sign the form
• Provide accurate financial reports that match your organizational records
• Submit complete documentation packages to avoid back-and-forth correspondence

Many organizations find that managing charitable registrations across multiple states becomes overwhelming. Tracking varying requirements, renewal dates, and filing processes can strain resources, which is why experienced compliance specialists who handle these details can be invaluable.

Renew Your Registration Annually

Maintaining compliance doesn’t end with your initial registration. Virginia law mandates that every registered charitable organization renew its charitable solicitation registration annually to remain in good standing.

When and how to file your renewal

After completing your initial charity registration, you must file a renewal **on or before the 15th day of the fifth calendar month following the end of your fiscal year** (e.g., a December 31 year-end is due May 15).

The renewal process utilizes Form 102 (Registration Statement for a Charitable Organization), the same form used for initial registration.

What documents to include with your renewal

Alongside your renewal form, submit:

• Your financial report including signed IRS Form 990, 990-PF, or 990-EZ with all required schedules (excluding Schedule B), or IRS e-file signature authorization if filed electronically
• Certified audited financial statements, if applicable
• A current list of officers, directors, trustees, and principal executive staff with names, addresses, and titles
• Signed copies of all current contracts with professional fundraising counsel or solicitors
• Updated certificate and articles of incorporation or amendments not previously submitted

Organizations eligible to file IRS Form 990-N should instead provide a certified treasurer’s report.

How to request an extension if needed

If your organization’s financial statements aren’t ready by the renewal deadline, you may request an extension. Extensions can be granted for either 3 or 6 months beyond the original due date. To request an extension:

1. Submit your request in writing before your filing due date
2. Email your request to ocarpunit.vdacs@vdacs.virginia.gov (case sensitive)
3. Include your organization’s name, Federal Identification Number (FEIN), and desired extension length (3 or 6 months)

You may also fax your extension request to 804-225-2666 or mail it to the Office of Charitable & Regulatory Programs.

Understanding the renewal fee structure

The renewal fee is calculated based on your organization’s gross contributions from the preceding year:

• $30 for gross contributions up to $25,000
• $50 for contributions between $25,001-$50,000
• $100 for contributions between $50,001-$100,000
• $200 for contributions between $100,001-$500,000
• $250 for contributions between $500,001-$1,000,000
• $325 for contributions exceeding $1,000,000

Beyond these fees, any organization that allows its registration to lapse must pay an additional **$100 late fee**. Make all checks payable to “Treasurer of Virginia” to avoid processing delays.

Stay Compliant and Avoid Penalties

Proper ongoing compliance extends beyond the initial registration and renewal process. Organizations must adhere to specific rules to avoid consequences while soliciting in Virginia.

Disclosure requirements for solicitations

Virginia mandates specific disclosure practices in solicitations. Your organization must include its primary registered name in all fundraising materials. If you use another charitable organization’s name in your solicitation, you must submit a consent to solicit form for each organization mentioned. For preprinted return envelopes not addressed to your primary address, the format must clearly show “ABC Charity c/o XYZ Company” to maintain transparency.

Penalties for noncompliance

Consequences can include:

• Civil penalties up to $5,000 per violation, plus expenses and attorney’s fees
• Misdemeanor charges for willful and knowing violations
• Public warnings published by VDACS concerning certain organizations

Why many nonprofits use a charitable registration service

Due to these complexities, many organizations turn to charitable registration services. These experts handle the intricate compliance requirements, ensuring all documents are properly filed and deadlines met. This approach frees staff to focus on mission-related activities rather than administrative compliance tasks.

How Labyrinth’s charitable registration service can help

Labyrinth, Inc. combines expert service with modern technology to handle your nonprofit’s registrations and renewals, so you can focus on your mission. We specialize in Virginia compliance requirements and provide dedicated support from experienced Nonprofit Compliance Specialists who manage the entire registration process. From initial filings to annual renewals, disclosure requirements, and exemption applications, our team ensures accuracy and timeliness while maintaining your organization’s good standing. With professional assistance, your organization can avoid penalties while maintaining proper charitable solicitation registration status through a secure client portal that tracks all filings and deadlines.

Conclusion

Registering for charitable solicitation in Virginia is a critical legal requirement for most nonprofits soliciting in the state. Throughout this guide, you have learned the essential steps needed to achieve and maintain compliance with Virginia’s solicitation laws.

First and foremost, determining whether your organization needs to register saves you valuable time and resources. Many organizations qualify for exemptions, though you must still formally apply through Form 100 rather than assuming automatic qualification. Accordingly, understanding the specific requirements for your nonprofit type helps streamline the entire process.

The initial registration process might seem daunting, but breaking it down into manageable steps makes it considerably easier. Charitable registration services can guide you through this process, ensuring all documentation is properly submitted the first time.

Annual renewal represents another crucial aspect of ongoing compliance. Failing to renew on time can result in late fees and potentially jeopardize your ability to fundraise legally. Therefore, marking your renewal deadline on your organizational calendar ensures this important task doesn’t slip through the cracks.

Beyond basic registration, disclosure requirements and other compliance factors require constant attention. Given these complexities, many organizations find that partnering with charitable solicitation experts reduces their administrative burden while minimizing compliance risks.

Your nonprofit’s reputation depends on following these regulations carefully. After all, donors expect transparency and legal compliance from organizations they support. Professional charitable registration management helps protect both your organization and your donors by ensuring all fundraising activities remain above board.

The path to full compliance might require some effort, but this investment protects your organization’s reputation, finances, and fundraising capabilities for years to come. Your nonprofit can now move forward confidently, knowing exactly what steps to take to meet Virginia’s charitable solicitation requirements.

Frequently Asked Questions