Arkansas Fundraising Registration Requirements

Arkansas State Fundraising Registration

Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities

 

Arkansas Nonprofit & Fundraising Company Licenses

Labyrinth provides the state fundraising regulations below as a guide to help you apply for and maintain your ability to fundraise. Need help? We can manage your state registrations for you. Contact us today to learn more.


Arkansas defines requirements for:

•  Charitable Organization Registration

•  Commercial Co-Venturer Registration

•  Professional Fundraiser Registration

•  Individual Nonprofit & Fundraising Licenses

•  Charitable Gift Annuity Registration


Need a different state? Visit our 50-state Compliance Guide


Arkansas Charitable Organization Registration

Agency:   Arkansas Secretary of State - Business and Commercial Services Division (BCS) (Charities)

Law:   Arkansas Code Ann. § 4-28-402

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? No

One-Time Exemption Registration

Exemption Eligible Organizations:

  • Bona fide, duly constituted, religious entities that are exempt from taxation pursuant to the Internal Revenue Code and no part of the entity’s income inures to the direct benefit of any individual
  • Educational institutions approved by any state or the United States or by an accrediting body and parent teacher organizations
  • Political organizations
  • Governmental organizations
  • Nonprofit hospitals
  • Charities that do not intent to solicit and receive and do not actually receive more than $25,000 in contributions during a fical year and do not use professional fundraisers
  • Persons or entities that solicit for exempt organizations

    • Form:   Form EX-01: Exempt Organization Verification

    Agency Fee:  $0

    Notes:  

  • Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.
  • Educational institutions must submit a letter of accreditation with their exemption application.

    • Initial Registration

    Form:   Form CR-01: Charitable Organization Registration Form

    Instructions:   Charitable Registration in Arkansas

    Filing Method:   File by mail or email to charities@sos.arkansas.gov.

    Agency Fee:  $0

    Turnaround:  1 - 2 weeks

    Notarize:  1 - 2 weeks

    Notes: Required

  • One signature of officer, director, or incorporator required.
  • Some Arkansas counties and municipalities may require charities that solicit in-person to register prior to fundraising.

    • - Before you Apply -

    Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

    • Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • If you will foreign qualify in Arkansas, obtain a certificate of good standing from your home state to submit during the foreign qualification process.

    • - How to Apply -

    Domestic Applicants:

  • 1. File entity formation documents with the Arkansas Secretary of State.
  • 2. Mail or email a completed Charitable Organization Registration Form and all required attachments to the Arkansas Secretary of State - Business and Commercial Services Division - Charities Section.

    • Foreign Applicants:

  • 1. Determine whether or not your charity will need to foreign qualify based on your activity in Arkansas. If not required, skip to number 3.
  • 2. File foreign qualification documents with the Arkansas Secretary of State.
  • 3. Mail or email a completed Charitable Organization Registration Form and all required attachments to the Arkansas Secretary of State - Business and Commercial Services Division - Charities Section.

    • - Required Attachments -

  • Form CR-02: Charitable Organization Consent for Service (if applicable)
  • Either IRS determination letter or IRS form 1023
  • Articles of incorporation
  • Form CR-03: Annual Financial Report Form (if applicable)
  • IRS form 990
  • Audited financials (if applicable)
  • Relationships or contracts with fund-raising counsel, paid solicitors, or commercial coventurers
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    Registration Renewal

    Form:   Form CR-03: Annual Financial Report Form

    Filing Method:   Mail or email to charities@sos.arkansas.gov.

    Agency Fee:  $0

    Due:

  • Annually within 180 days (6 months) of the organization's fiscal year end.
  • There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.

    • Due Date Extension:

    Due dates can be extended for 6 months beyond the original due date by emailing the secretary of state at charities@sos.arkansas.gov and including the words “Annual Financial Report Extension” in the subject line of the email.

    Notarize: Required

    Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • New or updated relationships or contracts with fund-raising counsel, paid solicitors, or commercial coventurers
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws

    • Contract Filing

    Form:   Form CR-04: Notice of Sales Promotion with Coventurer

    Filing Method:   Email to charities@sos.arkansas.gov

    Agency Fee:  $0

    Turnaround:  1-2 business days

    Due:  Every charitable organization subject to the registration requirements of A.C.A. § 4-28-402 that agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain a written agreement from the commercial coventurer and file a copy of the agreement with the Secretary of State before the commencement of the charitable sales promotion within this state.

    Original Ink: Not required

    Notarize: Not required

    Notes: An authorized representative of the charitable organization and the commercial coventurer must sign the agreement, and the terms of the agreement shall include at a minimum the following:

  • The goods or services to be offered to the public;
  • The geographic area where, and the starting and final date when, the offering is to be made;
  • The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or percent per unit of goods or service purchased or used that is to benefit the charitable organization;
  • A provision for an accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date on which it is to be made;
  • The date when and the manner in which the benefit is to be conferred on the charitable organization.

    • How to Apply:  The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.

    Change of Fiscal Year

    Form: Form CR-03: Annual Financial Report Form

    Agency Fee:  $0

    Turnaround:   1-2 business days

    Notes: File the short year form with the updated fiscal year information.

    Cancellation

    Agency Fee:  $0

    Notes: To close out your registration, send a signed and dated letter stating that you would like to withdraw.

     
    Home for our Troops
    Labyrinth has taken the stress out of ensuring our organization is current with all state requirements. Their knowledgeable staff are always available to answer questions and provide guidance giving me peace of mind. I can’t say enough about the value they bring to our organization.

    Beth Lyons, Director of Development, Homes for Our Troops


    Arkansas Annual Bingo and Raffle License

    Game Type:   Bingo and raffles

    Agency:   Arkansas Department of Finance and Administration - Miscellaneous Tax Section

    Prize Limits:   Raffle cash prizes should not exceed $5,000.

    Law:   AR Code Ann. § 23-114-101 et seq.

    Initial Registration

    Form:   AR-1R-BRLAO: Bingo and Raffle Registration Licensed Authorized Organizations Supplement

    Agency:   Arkansas Department of Finance and Administration - Miscellaneous Tax Section

    Agency Fee:  $100

    Law:  AR Code Ann. § 23-114-101 et seq.

    Registration Renewal

    Form:   AR-1R-BRLAO: Bingo and Raffle Registration Licensed Authorized Organizations Supplement (Renewal)

    Agency:  Arkansas Department of Finance and Administration - Miscellaneous Tax Section

    Agency Fee:  $100

    Due:   Annually by the fiscal year end of the licensed organization.

    Arkansas Charitable Gift Annuity Registration

    Agency:  Arkansas Department of Insurance - Division of Finance

    Law:   AR Code § 23-63-201

    Organization Age Requirement:   5 years of continuous existence immediately preceeding licensure.

    Audit Requirements:  Audited financial statements are required with the annual permit renewal.

    Initial Registration

    Form:   Application for Charitable Annuity Permit

    Agency Fee:  $0

    Notarize:  Required

    Notes:   Charities must authorize the creation of the annuity fund by board resolution and must create a segregated reserve fund to qualify for issuance of charitable gift annuities.

    Registration Renewal

    Form:   Annual Permit Renewal

    Agency Fee:   $0

    Due:   Annually within 180 days of the organization's fiscal year end.

     
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    Arkansas Commercial Co-Venturer Registration

    Commercial coventurer means any person who for profit or other consideration is regularly and primarily engaged in trade or commerce other than in connection with the raising of funds or any other thing of value for a charitable organization and who advertises that the purchase or use of his or her goods, services, entertainment, or any other thing of value normally sold without a charitable appeal will benefit a charitable organization during a charitable sales promotion.

    NOT REQUIRED

    Commercial Co-venturer licensure is not required on the State level in Arkansas.
    Arkansas does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.

    Fund-raising counsel means any person who for a flat fixed fee or fixed hourly rate under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of any charitable organization, but who actually solicits no contributions as a part of the services.


    Arkansas Fundraising Counsel Registration

    Agency:   Arkansas Secretary of State - Business and Commercial Services Division (BCS)

    Law:   Arkansas Code § 4-28-406

    Initial Registration

    Form: Form FC-01: Fundraising Counsel Annual Application for Registration

    Agency Fee:   $100

    Notarize: Required

    Before you Apply:

  • Names of any programs or promotions by which you are or have ever been known.
  • In what other states have you acted or are acting as a fund-raising counsel?

    • Required Attachments:

  • An executed Consent for Service (Form FC-02), if applicable.
  • A copy of current contracts with any charity that have not been previously submitted.

    • Registration Renewal

    Form:   Form FC-01: Fundraising Counsel Annual Application for Registration (Renewal)

    Agency Fee:   $100

    Due: Annually by the date of issuance.

    Notarize: Required


    EVENT

    Contract Filing

    Agency Fee:   $0

    Due: Changes to any of the information submitted on the registration application must be reported within 30 days of the changes occurring, including new contract agreements.

    Notes: The contract must contain any information that will enable the Secretary of State to identify the services the fund-raising counsel is to provide and the manner of his or her compensation.


    EVENT

    Amendment

    Agency Fee:   $0

    Due: Changes to any of the information submitted on the registration application must be reported within 30 days of the changes occurring.


    Paid solicitor means a person who for compensation, other than any nonmonetary gift of nominal value awarded to a volunteer solicitor as an incentive or token of appreciation, performs for a charitable organization any service in connection with which contributions are solicited by the person or by any other person he or she employs, procures, or engages to solicit for compensation.

    Arkansas Paid Solicitor Registration

    Agency: Arkansas Secretary of State - Business and Commercial Services Division (BCS)

    Law:  Arkansas Code § 4-28-407

    Bond Requirements:  $10,000

    Initial Registration

    Form:   Form PS-01: Paid Solicitor Annual Application for Registration

    Agency Fee:   $200

    Notarize: Required

    Notes: The application for registration and all required attachments must be submitted at least 15 days prior to commencing performance on the contract.

    Before you Apply: If any website will be used for fund-raising or solicitations that is not the registered charity’s website, please list the URLs.

    Required Attachments:

  • An executed Consent for Service (Form PS-03), if applicable
  • A completed Notice of Entry Into a Contract with a Charitable Organization (Form PS-04);
  • If you employ professional telemarketers, you must also submit an application for each such individual (Form PT-01) and (Form PT-02) if applicable
  • A properly executed copy of the contract between the paid solicitor and the charitable organization.
  • A list of the names of the registered charitable organization(s) for whom you will conducting solicitations or fundraising activities and the time frame for the service.
  • A copy of the bond

    • Bond Amount: $10,000


    EVENT

    Registration Renewal

    Form:   Form PS-01: Paid Solicitor Annual Application for Registration (Renewal)

    Agency Fee:   $200

    Due:   Annually by the date of issuance.

     
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