At a Glance

Most nonprofits that solicit donations or hold charitable assets in New York must register with the New York State Attorney General’s Charities Bureau (1-800-771-7755, ag.ny.gov). Registration is required before beginning any fundraising activities, costs $25, and involves completing Form CHAR410 online along with supporting documents.

Starting your nonprofit journey is exciting, but navigating the maze of charity registration requirements can quickly become overwhelming. New York has some of the most comprehensive charitable solicitation laws in the country, requiring most organizations to obtain what essentially functions as a nonprofit license before fundraising activities can begin.

Fortunately, the process doesn’t have to be complicated. Whether you’re launching a new nonprofit or bringing an established organization into compliance, understanding New York’s registration requirements is crucial to your mission’s success. With the right guidance and support, nonprofits can navigate these requirements efficiently while maintaining focus on their charitable work.

This step-by-step guide walks you through everything you need to know about charitable solicitation registration in New York. From determining if your organization needs to register to completing the application and maintaining compliance, we’ll simplify the entire process. Additionally, we’ll help you avoid common mistakes that could result in penalties or fundraising restrictions.

Determine If Your Organization Needs to Register

Before starting the charitable solicitation registration process, you need to determine whether your organization is legally required to register in New York. The state operates under a dual registration system that applies to many—though not all—nonprofit organizations.

Types of organizations required to register

New York State law mandates registration for organizations that fall under either or both of these categories:

• Organizations that solicit or receive charitable contributions within New York State, including donations from individuals, foundations, corporations, and government agencies
• Organizations that hold charitable assets, conduct charitable activities in New York, or are incorporated as nonprofit entities in the state

For timing, initial registration is required prior to any solicitation under Article 7‑A, and organizations subject to the EPTL must register within six months of receiving property designated for charitable purposes. This requirement applies broadly to organizations with various missions, including educational institutions, poverty relief programs, health initiatives, and cultural endeavors.

Common exemptions under Article 7-A and EPTL

Fortunately, certain organizations qualify for exemption from New York’s charitable solicitation requirements. The two governing statutes—Article 7-A of the Executive Law and the Estates, Powers and Trusts Law (EPTL)—each have specific exemption criteria:

• Religious organizations (houses of worship) and charitable organizations operated by religious entities
• Parent-teacher associations
• Educational institutions filing annual reports with the New York State Department of Education
• Government agencies
• Informal fundraising efforts for individuals (such as collecting money for an ill neighbor)

**Additional Article 7-A exemptions:**

• Organizations receiving less than **$25,000** in annual gross contributions from New York sources that don’t use professional fundraisers
• Membership organizations (fraternal, patriotic, social, or alumni) that solicit contributions solely from members

**Additional EPTL exemptions:**

• Hospitals and skilled nursing facilities
• Cemetery corporations
• Historical societies chartered by the Board of Regents

Remember that exemption from one law doesn’t automatically mean exemption from the other. Many organizations qualify as “dual registrants” and must comply with both statutes.

How to verify exemption status using Schedule E

Think your organization might qualify for an exemption from New York’s nonprofit license requirements? Here’s how to verify:

• During the online registration process, you’ll have the opportunity to claim an exemption by answering a series of questions in the portal
• Complete the exemption request section on Form CHAR410 (Registration Statement for Charitable Organizations), when applicable
• Submit Schedule E (Request for Registration Exemption) with all required attachments listed on the form

Note: Unregistered organizations that are exempt from registration are not required to submit an exemption request to the Attorney General, except that an organization that receives a failure-to-register notice must claim an exemption if it believes it qualifies.

When in doubt about your registration status, working with an experienced charitable registration specialist can save time and prevent compliance issues down the road.

Understand the Legal Framework in New York

New York State operates under a unique legal framework that governs how nonprofit organizations must register and report their charitable activities. Understanding these laws is crucial for ensuring your charitable solicitation registration process goes smoothly.

Overview of Article 7-A and EPTL

The charitable registration requirements in New York are governed by two distinct laws:

**Article 7-A of the Executive Law** specifically applies to organizations that solicit or receive charitable contributions in New York. Under this law, “charitable” is defined broadly to encompass educational, poverty relief, cultural, health promotion, and other community-benefiting purposes. Article 7-A requires registration prior to any solicitation activities.

**Section 8-1.4 of the Estates, Powers and Trusts Law (EPTL)** applies to organizations that hold assets or property for charitable purposes in New York. This includes organizations incorporated in New York or those conducting charitable activities within the state. The EPTL requires registration within six months of receiving property designated for charitable purposes.

Both laws aim to protect donors and beneficiaries through mandatory registration and reporting requirements. However, they maintain separate criteria for who must register and what exemptions apply.

Role of the Charities Bureau

The Charities Bureau, operating under the Office of the New York State Attorney General, serves as the primary regulatory body overseeing charitable organizations in the state. Its responsibilities include:

• Supervising charitable organizations that incorporate, solicit, or hold assets in New York
• Overseeing fundraising professionals who solicit contributions within the state
• Protecting the interests of donors and charitable beneficiaries
• Promoting nonprofit accountability through registration and reporting requirements
• Enforcing New York laws governing charitable organizations

The Bureau maintains a comprehensive registry of charities and fundraising professionals, which provides valuable data for regulatory and law enforcement efforts. Through this centralized system, the Charities Bureau creates transparency for the public, funders, media, and other nonprofits seeking information about registered organizations.

Dual registration explained

Most charitable organizations operating in New York qualify as “Dual Registrants,” meaning they must register under both Article 7-A and EPTL. Upon registration, organizations are assigned one of four registration categories:

• **7A filers**: Organizations registered solely under Article 7-A because they solicit contributions in New York
• **EPTL filers**: Organizations registered only under the EPTL because they hold assets or conduct charitable activities in New York
• **Dual filers**: Organizations registered under both Article 7-A and EPTL (most common)
• **Exempt filers**: Organizations that have registered with the NY Charities Bureau and met conditions for exemption

For charitable solicitation registration purposes, dual registrants need only file one set of registration materials and one annual financial report. Nevertheless, they must pay the fees required under both laws.

Importantly, your organization’s registration category determines which forms you need to file, what fees you must pay, and what financial reporting requirements apply. Consequently, correctly identifying your registration type is a critical step in the nonprofit license process.

Organizations often find themselves subject to both laws because the definition of “charitable” is quite broad under New York regulations. Furthermore, even seemingly minor activities like applying for grants can constitute solicitation, triggering Article 7-A requirements alongside EPTL obligations for asset holding.

Successfully navigating this dual system requires careful attention to the specific requirements of each law, making proper charity registration a foundational element of nonprofit compliance in New York.

Step-by-Step Registration Process

Registering your nonprofit with New York’s Charities Bureau is performed through the state’s online filing system. This step-by-step guide walks you through each phase of obtaining your nonprofit license in New York.

Access the NY Charities Bureau portal

First, you’ll need to establish your online presence with the NY Attorney General’s office:

• Visit the Charities Bureau registration portal
• Create a new user account with a valid email address and phone number
• Activate your account through the confirmation email
• Access the Charities Online Registration to begin the process

This online system offers advantages, including timely review by the Attorney General’s office and quicker posting of your filings on the state website.

Complete Form CHAR410

Form CHAR410 serves as the primary charitable solicitation registration document for unregistered organizations. As you complete this form, you’ll need:

• Your organization’s Employer Identification Number (EIN)
• Information about your organization’s structure and charitable purposes
• Details about officers, directors, trustees, and key employees
• Information regarding professional fundraisers (if applicable)

The form requires two official signatories: your organization’s president (or another authorized officer) and your chief financial officer, treasurer, or other person with fiscal responsibility. You’ll need valid email addresses for both individuals since the application will be sent to them for electronic signatures.

Gather and upload required documents

For successful charity registration, you must prepare several supporting documents:

• Certificate of incorporation, trust agreement, or other organizing document (with all amendments)
• Bylaws or organizational rules (with all amendments)
• IRS Form 1023 or 1024 Application for Recognition of Exemption (if applicable)
• IRS tax exemption determination letter (if applicable)

All documents must be in PDF format. If you have files in other formats, convert them to PDF before uploading.

Pay applicable registration fees

Organizations registering to solicit contributions in New York State must pay a **$25.00** Article 7‑A registration fee. Organizations requesting exemption from registration under Article 7‑A should not submit any fee.

Submit the application online

Once all information is entered and documents uploaded:

• Review your application for accuracy and completeness
• Ensure both required signatories have approved the application electronically
• Process the payment through the secure portal (if applicable)
• Submit your completed charitable solicitation application

After submission, you can track your application status through the online portal. The Charities Bureau will review your materials and either approve your registration or request additional information.

Remember that registration must be completed before beginning any solicitation activities in New York. With experienced guidance and proper preparation, nonprofits can streamline this process while ensuring accuracy in every filing.

Annual Renewal and Ongoing Compliance

Once your charitable solicitation registration is approved, maintaining compliance requires ongoing attention to annual filing obligations. Staying current with these requirements helps your nonprofit operate legally in New York State while avoiding penalties that could disrupt your fundraising activities.

Filing Form CHAR500 and IRS Form 990

After registering, all organizations must submit Form CHAR500 (Annual Filing for Charitable Organizations) annually with the Charities Bureau. This filing typically includes:

• A copy of your organization’s IRS Form 990, 990-EZ, or 990-PF with all schedules (as applicable)
• IRS Form 990-T (if applicable)
• Schedule 4A (if using professional fundraisers or fundraising counsel)
• Required financial statements based on revenue thresholds
• Applicable filing fees

With annual filing requirements spanning multiple forms and documents, many nonprofits find that working with compliance specialists helps ensure timely, accurate submissions that maintain good standing with the state.

Financial statement requirements

New York’s requirements for reviewed or audited financial statements depend on the organization’s revenue thresholds set by law and guidance in the CHAR500 resources. Review the current CHAR500 instructions and guidance to determine what applies to your organization.

Deadlines and automatic extensions

Annual filing due dates are based on your fiscal year end. The Charities Bureau grants an automatic **180‑day** extension of time to file annual financial reports.

Re-registration using Form CHAR410-R

If your nonprofit license (Article 7‑A registration) was canceled for failure to file, you must re-register before resuming charitable solicitation activities. This requires:

• Filing Form CHAR410‑R through the Charities Bureau online system
• Submitting all required documentation
• Paying the **$150** re‑registration fee
• Filing any delinquent annual reports (up to the maximum required)

Furthermore, organizations must continue filing Form CHAR500 annually even during periods of fundraising inactivity to maintain good standing with the state.

Special Considerations and Common Pitfalls

Beyond basic registration, your nonprofit must navigate several special considerations to maintain full compliance with New York’s charitable solicitation requirements.

Working with professional fundraisers and fundraising counsel

Professional fundraisers (PFRs) and fundraising counsel (FRCs) must register separately with the Charities Bureau. Before engaging either, verify their registration status. Contracts with PFRs or FRCs must be in writing and filed with the Charities Bureau; these agreements must include clear service descriptions, financial arrangements, and the organization’s right to cancel.

Commercial co-ventures and cause marketing rules

Partnerships with businesses for fundraising campaigns (called commercial co‑ventures) are subject to New York’s charitable solicitation laws. Ensure that agreements with co‑venturers are in writing and that required filings and disclosures are made with the Charities Bureau where applicable.

Online and multi-state fundraising compliance

Even having a “donate” button on your website can trigger charity registration requirements in multiple states. With 40+ states requiring charitable solicitation registration before asking for donations, nonprofits conducting online fundraising often need nationwide compliance management. Requirements vary by state, and maintaining compliance across multiple jurisdictions requires careful tracking of renewal deadlines and varying fee structures.

This is where Labyrinth, Inc.’s unique nonprofit expertise provides significant value. As a commercial registered agent, we understand the regulatory guidance, privacy shielding, and reliable document management that nonprofits need. Our consolidation benefits mean you work with one vendor through one portal with one invoice, reducing missed notices and enabling faster responses. Additionally, our bulk-change program often discounts or waives our fees and covers state fees for volume switches, with first-year service extended up to 12 months to help you avoid double-paying overlapping contracts.

Avoiding common mistakes in filings

Common errors in nonprofit license filings include:

• Inconsistent information across state filings
• Missed deadlines leading to late fees or fundraising restrictions
• Missing required attachments
• Spelling errors in board members’ names or addresses

Experienced compliance specialists can help nonprofits avoid these pitfalls through systematic preparation and review processes.

Conclusion

Navigating New York’s charitable solicitation registration process certainly requires attention to detail, but the steps outlined above provide a clear roadmap for compliance. Therefore, understanding both Article 7-A and EPTL requirements remains essential for any nonprofit operating in the state. The dual registration system might initially seem complex; however, once you determine your organization’s specific registration category, the path forward becomes much clearer.

Remember that charitable registration must occur before you begin fundraising activities in New York. Additionally, maintaining compliance through timely annual filings prevents penalties and ensures your nonprofit can focus on its mission rather than regulatory hurdles. Most importantly, the online registration system has streamlined the process considerably, making it more accessible for organizations of all sizes.

Your diligence in managing professional fundraising relationships, commercial co‑ventures, and multi‑state fundraising obligations will protect your organization’s reputation and legal standing. Because regulations evolve over time, staying informed about changes to financial statement thresholds and reporting requirements remains crucial for long‑term compliance.

For nonprofits conducting fundraising across multiple states, working with specialized compliance professionals can simplify the complex landscape of nationwide registration requirements. With experienced guidance, organizations can ensure accurate filings, meet all deadlines, and maintain good standing in every jurisdiction where they solicit donations.

Undoubtedly, charitable solicitation registration serves as the foundation for legally conducting fundraising activities in New York. After completing your initial registration, you’ll need to maintain careful documentation and adhere to annual filing schedules. Though the process requires effort, proper nonprofit license compliance ultimately protects your organization, your donors, and the communities you serve. Armed with this step-by-step guide, you can now confidently navigate New York’s registration requirements and keep your focus where it belongs—on fulfilling your charitable mission.

Frequently Asked Questions