At a Glance

North Dakota does not require standalone registration specifically for commercial co-venturers, unlike many other states. However, your charitable promotions must comply with the state’s charitable solicitation laws under North Dakota Century Code Chapter 50-22, which regulate charitable organizations and professional fundraisers. While no specific CCV registration exists, you must coordinate with charitable partners to ensure they meet their annual filing obligations with the North Dakota Secretary of State.

Commercial co-ventures offer an exciting opportunity for your business to boost sales while supporting worthy causes in North Dakota. When your company promises to donate a portion of sales to charity, you’re not just marketing—you’re engaging in a commercial co-venture that comes with specific legal requirements. North Dakota law carefully regulates these promotional partnerships to protect both consumers and charitable organizations.

Understanding these regulations is essential before launching your campaign. While North Dakota does not require a standalone state registration specifically for commercial co-venturers, charitable solicitation laws under North Dakota Century Code (NDCC) ch. 50-22 regulate charitable organizations and professional fundraisers. Your promotion must comply with those provisions where applicable, including any requirements on charitable organizations and professional fundraisers. Failure to meet applicable obligations can result in penalties and damage to your business reputation. Throughout this guide, you’ll discover what qualifies as a commercial co-venture in North Dakota, how to structure your promotion, and how to maintain compliance under the state’s charitable solicitation framework—making nonprofit compliance straightforward for your business.

Who Qualifies as a Commercial Co-Venturer in North Dakota

Understanding exactly who qualifies as a commercial co-venturer in North Dakota requires careful examination of state laws and their practical application in the business-charity relationship landscape.

Definition under North Dakota Century Code § 50-22

The term “commercial co-venturer” refers to any business or individual that advertises that purchasing or using their products or services will benefit a charitable organization or purpose.

Interestingly, North Dakota Century Code § 50-22 does not explicitly define commercial co-venturers in its statutory language, according to the North Dakota Secretary of State’s charitable solicitation guidance. Instead, the concept exists within the broader framework of charitable solicitation regulation. This lack of specific definition creates a unique regulatory environment compared to other states.

Although North Dakota law doesn’t provide a direct definition, commercial co-ventures are understood as promotional arrangements between for-profit businesses and charitable organizations where the business advertises that purchases will benefit the charity. These arrangements differ from traditional donations because they involve consumer purchases and marketing claims.

Furthermore, these activities are sometimes referred to as “charitable sales promotions” in regulatory contexts. The essential element remains the public representation that purchases will support a charitable cause.

Distinction from Professional Fundraisers and Charities

To properly identify whether your business qualifies as a commercial co-venturer, you must understand how it differs from other entities in the charitable fundraising ecosystem.

North Dakota law clearly defines a professional fundraiser as “a person who, for financial compensation or profit, performs for a charitable organization a service in connection with which contributions are, or will be, solicited,” according to the North Dakota Secretary of State’s charitable solicitation guidance. Additionally, this includes anyone who “for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization.”

In contrast, a charitable organization under North Dakota law is defined as “a person that engages in or purports to engage in solicitation for a charitable purpose.” The law further defines “charitable purpose” as any “charitable, benevolent, philanthropic, religious, social service, welfare, educational, cultural, artistic, or public interest purpose.”

• Primary business purpose: Commercial co-venturers are primarily for-profit businesses that temporarily engage in charity promotions, whereas charitable organizations exist primarily to serve charitable purposes
• Compensation structure: Professional fundraisers are directly compensated for fundraising services, whereas commercial co-venturers earn profit from product sales, with only a portion going to charity
• Relationship to charitable causes: Charitable organizations directly fulfill charitable missions, professional fundraisers provide services to charities, and commercial co-venturers maintain business operations while temporarily associating with charitable causes

Notably, North Dakota doesn’t currently have traditional registration requirements specifically for commercial co-venturers at the state level. However, this doesn’t mean your business can ignore all regulations—other requirements may still apply to your promotional activities.

Therefore, understanding exactly how your business fits into these categories is crucial for proper compliance with North Dakota law.

Initial Registration Requirements for CCVs

While North Dakota lacks a traditional registration system specifically for commercial co-venturers, certain requirements must be addressed prior to launching charitable promotions. The state’s regulatory framework primarily focuses on ensuring transparency and accountability in fundraising activities that involve charitable organizations. Managing these requirements can be complex, but we help businesses prepare appropriate documentation and understand their compliance obligations.

Required Information: Legal Name, EIN, and Contact Details

Even though North Dakota doesn’t require a specific commercial co-venturer registration, proper documentation of your business identity remains fundamental for any charitable promotion. Accordingly, you should maintain records containing:

• Your business’s complete legal name as registered with the North Dakota Secretary of State
• Federal Employer Identification Number (EIN) issued by the Internal Revenue Service
• Primary business address and headquarters location
• Contact information including email address and phone number
• Names and contact details of principal officers or owners

An EIN functions as your business’s account number with the IRS. The IRS issues EINs at no cost. This identifier is particularly important if your commercial co-venture activities ever require formal documentation or reporting.

Surety Bond Requirements

Despite North Dakota not requiring formal commercial co-venturer registration, it’s worth noting the bond requirements for professional fundraisers, as these regulations highlight the state’s approach to financial accountability in charitable activities. Professional fundraisers in North Dakota must secure a surety bond before soliciting contributions, per the North Dakota Secretary of State professional fundraisers requirements.

• Remain in effect throughout the entire registration term
• List the fundraising entity as the principal obligor
• Apply specifically to North Dakota and to any person with potential claims
• Protect against liabilities resulting from the fundraiser’s conduct

The bond serves primarily as financial protection for charitable organizations and donors. Registrants typically pay only a portion of the bond’s total value—often just a small percentage based on creditworthiness, similar to an insurance premium. Such requirements underscore North Dakota’s commitment to safeguarding charitable giving, even as specific commercial co-venturer regulations remain less defined.

Filing Method: Online or Mail Submission

For businesses that need to register with the North Dakota Secretary of State for any purpose, including those related to charitable activities, multiple submission methods exist. Most business registrations can be completed through the North Dakota Secretary of State Business Services (FirstStop Portal). This portal streamlines the application process and provides a centralized location for submitting required documentation.

Alternatively, mail submission may be available for businesses preferring traditional filing methods. For assistance with registration-related questions, the North Dakota Secretary of State offers virtual or in-person meetings with the Business Services team through their online booking service and telephone support at (701) 328-2900.

Once registered, your business will need to maintain compliance through timely filing of annual reports and other required documentation.

In summary, while North Dakota may not currently require specific commercial co-venturer registration, understanding these baseline requirements prepares your business for proper compliance with existing regulations and potential future changes to the regulatory landscape.

Filing the CCV-Charity Contract

Once your business qualifies as a commercial co-venturer, preparing a proper contract with your charitable partner is a crucial step in managing the relationship. In North Dakota, there is no CCV-specific statute prescribing mandatory contract terms for commercial co-ventures; however, agreements between charities and outside parties should be clear and in writing to reflect the parties’ obligations. We help review and organize contract elements to ensure they meet state standards and clearly document the promotional arrangement.

Recommended Contract Elements: Duration, Scope, and Terms

While not specified by North Dakota statute for CCVs, a written agreement should clearly outline several key components:

• A detailed description of the promotional campaign, including start and end dates
• The specific products or services involved in the promotion
• The exact percentage or amount of purchase proceeds that will benefit the charity
• Rights and responsibilities of both your business and the charitable organization
• Clear statement of the financial arrangement
• Provisions for accounting and funds transfer

If a charitable organization engages a professional fundraiser, North Dakota law imposes specific requirements on professional fundraisers under NDCC ch. 50-22 and the Secretary of State’s rules, as outlined on the North Dakota Secretary of State professional fundraisers page. Those provisions apply to professional fundraisers, not to commercial co-venturers.

Submission Timing

North Dakota does not specify a CCV-specific contract filing deadline or state filing requirement for commercial co-venture contracts. Plan your campaign timeline to allow for internal approvals and any filings required of the charitable organization or, if applicable, a professional fundraiser involved in the promotion.

Where to File

North Dakota does not require filing of commercial co-venture contracts with the state. Filings that are required of charitable organizations and professional fundraisers are made with the North Dakota Secretary of State.

Remember that proper documentation of your agreement represents just one aspect of your overall compliance obligations. Subsequently, charitable organizations and professional fundraisers must fulfill their respective filing obligations and maintain accurate records consistent with NDCC ch. 50-22.

Campaign Financial Reporting Obligations

After executing a charitable promotion campaign, transparent financial reporting is essential to maintain trust. North Dakota does not publish a CCV-specific financial reporting form or deadline for commercial co-venturers. However, accurate preparation and tracking of required documents helps ensure that charitable partners can fulfill their filing obligations, including the annual charitable organization report required by NDCC ch. 50-22 and the North Dakota Secretary of State charitable organizations page. The statute is available in the North Dakota Century Code, chapter 50-22.

Required Disclosures and Records

There is no CCV-specific statute prescribing disclosures from commercial co-venturers to the state. However, charitable organizations must file an annual charitable organization report with the Secretary of State that includes financial information for the prior year. Maintain clear internal records showing gross receipts attributable to the promotion, related expenditures, and the amount transferred to the charitable organization so the charity can accurately complete its required filings.

Forms

There is no state-issued form for commercial co-venturers. Charitable organizations use the Secretary of State’s annual charitable organization reporting process on the charitable organizations page.

Filing Deadlines

Charitable organizations must file an annual report with the Secretary of State on or before September 1 each year (extensions may be available, but the deadline may not be extended past December 1). The filing fee for the charitable organization annual report is $10. For details, see the North Dakota Secretary of State charitable organizations page.

By coordinating with the charitable organization on these financial reporting obligations, you help ensure that the charity’s statutory filings remain accurate and timely.

Annual Renewal and Ongoing Compliance

Maintaining compliance as a commercial co-venturer extends beyond initial planning, requiring diligent attention to the ongoing obligations of the charitable organization and any professional fundraiser engaged. We help track state-specific requirements and coordinate multi-state compliance obligations when campaigns extend beyond North Dakota.

Renewal and Fee Considerations

• There is no North Dakota state registration to renew specifically for commercial co-venturers.
• Charitable organizations must file an annual charitable organization report by September 1 each year; the filing fee is $10. See the charitable organizations page.
• Professional fundraisers must register with the Secretary of State, maintain a surety bond, and renew annually; the registration fee is $100 and registrations expire September 1 each year. See the professional fundraisers requirements.

Most filings can be completed electronically through the North Dakota Secretary of State Business Services (FirstStop Portal).

Record Retention

North Dakota law authorizes the Secretary of State or the Office of Attorney General to examine the accounts of charitable organizations soliciting funds. Charitable organizations must maintain complete and accurate records of their accounts and provide them upon request. See the charitable organizations page.

Penalties for Noncompliance

If a charitable organization fails to file its annual report, its charitable organization registration becomes inactive and the organization may not solicit in North Dakota until it comes back into compliance (including filing the required report and fees). Violations of solicitation laws or failures to properly file required information may be treated as a class A misdemeanor, and conducting solicitations after a registration is revoked is a class C felony. Civil penalties may be imposed up to $5,000 per violation, and registration may be denied for up to five years. See the charitable organizations page and the professional fundraisers requirements.

Conclusion

Commercial co-ventures present a unique opportunity for your business to generate sales while supporting charitable causes in North Dakota. Throughout this guide, you’ve learned that while North Dakota doesn’t impose a standalone CCV registration or CCV-specific contract filing, these promotional partnerships still require careful attention to the charitable solicitation framework under NDCC ch. 50-22.

Before launching charity-linked promotions, ensure your agreement with the charity is clearly documented in writing, and coordinate with the charitable organization (and any professional fundraiser you engage) to satisfy their state filing obligations. Charities must file an annual report by September 1 (fee $10), and professional fundraisers must register, maintain a surety bond, and renew annually by September 1 (fee $100). When CCV campaigns extend to multiple states, nonprofits should also understand whether their activities may affect charitable solicitation registration requirements in other jurisdictions.

Therefore, success as a commercial co-venturer in North Dakota depends on your diligence in aligning your promotion with the filing obligations of your charitable partners and any professional fundraiser. We help coordinate these requirements and ensure that filings, disclosures, and records are prepared correctly. By following these guidelines, you can confidently engage in charitable promotions that benefit both your business and worthy causes throughout North Dakota.

Frequently Asked Questions