At a Glance

In North Dakota, most nonprofits must register for charitable solicitation before fundraising within the state. Registration costs $25 and requires approval from the North Dakota Secretary of State (701-328-2900, sos.nd.gov) before you can begin soliciting donations. The process typically takes 4-6 weeks and must be completed before any fundraising activities can start.

When your nonprofit is ready to start fundraising in North Dakota, you must understand the specific charitable solicitation requirements that apply to your organization. The process of charity registration might seem overwhelming at first, especially if you’re managing multiple state registrations across the 40+ states that require charitable solicitation registration. However, taking the time to secure your nonprofit license correctly is essential for legal fundraising activities.

Fortunately, North Dakota has a straightforward charitable solicitation registration process compared to many other states. Understanding exactly who needs to register, what exemptions might apply, and the specific steps to complete your registration will save you time and potential headaches. For nonprofits managing registrations in multiple states, working with experienced specialists can ensure accuracy and timeliness while freeing your team to focus on mission-critical work.

This step-by-step guide breaks down everything you need to know about registering for charitable solicitation in North Dakota, from gathering the right documents to maintaining ongoing requirements after approval.

Do You Need to Register in North Dakota?

Understanding whether your organization needs to register for charitable solicitation in North Dakota is the first crucial step in your process. The North Dakota Century Code Chapter 50-22 establishes clear guidelines about which organizations must register before fundraising in the state.

Who Must Register

Generally speaking, any charitable organization that plans to solicit contributions from North Dakota residents must register with the North Dakota Secretary of State before beginning fundraising activities. This requirement applies to:

• North Dakota-based charitable organizations
• Out-of-state nonprofits planning to fundraise within North Dakota
• Chapters, branches, area offices, or similar affiliates soliciting for a parent charitable organization

For out-of-state nonprofits, you must first obtain authority to transact business in North Dakota (foreign qualification) through the Secretary of State’s FirstStop Portal and designate a North Dakota registered agent. This registered agent will receive official documents on behalf of your organization. Understanding these requirements early in your planning process can save significant complications later.

Types of Organizations That May Be Exempt

North Dakota law specifically exempts several types of organizations from charitable solicitation registration requirements. These exemptions include:

• Organizations soliciting funds for institutions of higher learning
• Volunteer-run organizations soliciting funds for government entities or community projects where all contributions are used solely for the project
• Private or public elementary and secondary schools
• Organizations collecting for a specific named individual (provided all funds are transferred to that person)
• Religious societies exempt from filing federal annual information returns under specific IRS code sections
• Political candidates and committees required to file with election commissions

If your organization falls into one of these categories, you may not need to complete the full charitable solicitation registration process. However, confirming your exempt status is still important for proper documentation.

What Counts as Charitable Solicitation

North Dakota defines solicitation broadly to include various fundraising activities. According to state law, solicitation encompasses any request to the public for a contribution based on the representation that it will be used in whole or in part for a charitable purpose.

Specifically, this includes:

• Verbal requests made in person, by telephone, radio, or television
• Electronic communications, including internet and social media fundraising
• Written or recorded requests distributed through mail, delivery, or public posting
• Sales of goods or services priced above fair market value where portions benefit a charitable cause
• Fundraising events or gatherings where admission requires a contribution

Online fundraising can create registration obligations depending on how and where you solicit. Because requirements vary by state, review the rules where you plan to solicit before launching online campaigns.

Prior to initiating any fundraising activities, your charitable organization must complete the registration process and receive approval from the Secretary of State. Failure to register before solicitation constitutes a violation of state law and may result in penalties, including potential classification as a class A misdemeanor.

Understanding these requirements is essential for maintaining legal standing while fundraising in North Dakota. Once you’ve determined that registration is necessary for your organization, you can proceed with gathering the required documents and completing the application process.

When and Where to Register

Once you’ve determined that your organization needs to register in North Dakota, understanding the timing and procedure for registration becomes crucial for maintaining legal standing.

Timing of Registration Before Fundraising

Timing is absolutely critical when it comes to charitable solicitation registration. North Dakota law is explicit on this matter: a charitable organization cannot operate or solicit contributions until the registration has been approved and is on file with the Secretary of State. Unlike some states that allow fundraising while applications are pending, North Dakota requires you to wait for official approval before beginning any solicitation activities.

Furthermore, if you plan to solicit in-person donations, be aware that some North Dakota counties and municipalities may impose additional registration requirements. Consequently, researching local regulations should be part of your pre-fundraising checklist.

The timing of your initial registration also affects your future reporting obligations. For organizations that register in July or August, the first annual report isn’t due until September 1 of the following year. This gives newly registered charities additional time to organize their operations before fulfilling their first reporting requirements.

Which State Office Handles Registration

The North Dakota Secretary of State’s office—specifically its Business Services team—handles all charity registration matters. With over 14,000 registered nonprofits serving the public good in North Dakota, this office has established streamlined processes for handling charitable solicitation registrations.

For assistance with the registration process, you can schedule a virtual or in-person meeting with a member of the Business Services team through their online booking service or call (701) 328-2900. Taking advantage of this resource can help ensure your application meets all requirements the first time.

Online Filing

North Dakota has modernized its filing system through the FirstStop Portal (FirstStop.sos.nd.gov), which serves as the primary platform for charitable solicitation registrations. The portal offers several advantages:

• Complete online submission with credit card payment
• Real-time guidance through the application process
• Faster processing
• Simplified annual reporting for future requirements

The filing fee for a charitable organization registration statement is $25.00.

For domestic applicants (organizations formed in North Dakota), you must first create a FirstStop online account and file entity formation documents. Only after entity approval can you file your charitable solicitation registration.

Foreign applicants (organizations formed outside North Dakota) follow a slightly different process. You must first file foreign qualification documents through FirstStop, designate a North Dakota registered agent, and then proceed with charitable registration after entity approval. Your nonprofit organization cannot serve as its own registered agent, though an individual from your organization who resides in North Dakota could serve in this capacity.

Remember that the entire process typically takes 4-6 weeks from submission to approval, so plan your fundraising timeline accordingly to ensure seamless legal standing with North Dakota regulations.

Step-by-Step: How to Register for Charitable Solicitation

Now that you understand the requirements, let’s break down the registration process into manageable steps. Completing your charitable solicitation registration properly the first time will save you considerable time and potential headaches.

1. Gather Required Documents

Before beginning the application process, collect these commonly required documents:

• IRS determination letter confirming your tax-exempt status
• Most recent IRS Form 990 (if your organization has filed one)
• Complete list of officers and directors
• Copies of any professional fundraising contracts
• Documentation showing officer and director compensation

For out-of-state organizations, you’ll need additional documents:

• Certificate of good standing from your home state (must be less than 6 months old)
• Foreign qualification documents to operate in North Dakota

First-time applicants should verify all documentation is ready before starting the application to avoid delays in the charitable solicitation process. Organizations managing multiple state registrations often find that working with specialists ensures all documentation is prepared correctly and submitted on time.

2. Complete the North Dakota Registration Form

North Dakota requires organizations to register as a nonprofit entity before applying for charitable solicitation approval. Once your nonprofit registration is complete, you can file your Charitable Organization Registration Statement through the FirstStop Portal.

The registration form must include:

• Your organization’s legally established name
• Names under which you solicit contributions
• Organizational structure and founding information
• Business contact information
• Federal and state tax-exempt status details
• General purpose of your organization
• Methods you’ll use for solicitation
• Financial information from the previous 12 months

3. Pay the Applicable Filing Fee

The initial charitable organization registration fee is $25.00. If you must first complete foreign qualification to transact business in North Dakota, the filing fee is currently $50 for a nonprofit corporation or $40 for a nonprofit LLC.

Payment methods are provided in the FirstStop Portal for online submissions.

4. Submit Your Application to the Secretary of State

The most efficient way to submit your application is through North Dakota’s FirstStop Portal (FirstStop.sos.nd.gov). This online system provides real-time guidance and typically results in faster processing times. Notarization is not required for online submissions.

5. Wait for Confirmation and Approval

After submission, expect a processing time of approximately 4-6 weeks. During this period, the Secretary of State’s office reviews your application for completeness and legal requirements.

Remember that North Dakota law prohibits soliciting contributions until your registration has been approved and is on file with the Secretary of State. During this waiting period, you can prepare other aspects of your fundraising campaign but must refrain from active solicitation.

Upon approval, your registration does not expire but requires annual reporting to maintain. Managing your charitable registration properly from the start establishes a solid foundation for your nonprofit’s fundraising activities in North Dakota.

What About Exemptions and Online Fundraising?

For eligible organizations, the exemption categories offer a simpler alternative to full charitable solicitation registration in North Dakota. Understanding these options can save valuable time and resources for your nonprofit.

How to Apply for Exemption if Eligible

North Dakota exempts specific types of organizations from standard charitable solicitation registration requirements (see the list above). If you believe your organization qualifies, review the state’s definitions and exclusions and maintain documentation supporting your status.

Does a ‘Donate Now’ Button Trigger Registration?

Online donation functionality can, in some circumstances, create charitable registration obligations depending on how and where solicitations occur. Because each state sets its own rules, review the requirements in any state where you plan to solicit online.

Fundraising Across State Lines

Given that online fundraising reaches donors nationwide, your organization should consider multi-state charitable solicitation requirements. Each state enforces different regulations regarding registration exemptions and requirements, making it challenging to maintain legal standing across all jurisdictions without dedicated expertise.

Foreign qualification status (gaining authorization to operate in another state) typically precedes charitable registration in North Dakota. This involves designating a registered agent residing in the state.

Since requirements vary significantly between states, creating a comprehensive strategy is vital for nonprofits engaged in interstate fundraising activities. Many organizations find that partnering with specialists who understand the nuances of each state’s requirements helps ensure consistent legal standing while reducing administrative burden.

Staying Compliant After Registration

After securing your registration, maintaining ongoing requirements becomes your nonprofit’s next priority. North Dakota has specific requirements to keep your solicitation privileges active.

Annual Renewal Requirements

First and foremost, your organization must file a Charitable Organization Annual Report by September 1 each year with a $10.00 fee. This renewal differs from the nonprofit corporation or nonprofit LLC annual report due February 1. For organizations that register in July or August, the first annual report is due September 1 of the following year. Required financial documentation includes either Form 990 (pages 1, 9, 10, and 11) or equivalent financial statements.

Proactive renewal management is essential—missing deadlines can interrupt your fundraising activities and require reregistration. Organizations with multiple state obligations often benefit from centralized tracking systems that monitor all renewal deadlines and ensure timely requirements.

Filing Extensions and Deadlines

Unable to meet the September 1 deadline? You can request an extension through the FirstStop Portal before the filing date. Extensions may be granted for a single year or as a standing extension for organizations with fiscal years ending in June, July, or August, but cannot extend beyond December 1. Without timely renewal, your charitable solicitation registration will become ineffective, prohibiting further fundraising until reregistration.

Hiring Professional Fundraisers and Impact on Requirements

Professional fundraisers working on your behalf must separately register with a $100 fee and post a $20,000 bond. Professional fundraisers must renew annually (typically by August 31). Importantly, fundraisers cannot legally solicit for unregistered charitable organizations, making your legal standing essential to their operations as well.

Foreign Qualification and Registered Agent Rules

Out-of-state nonprofits must maintain a registered agent with a physical North Dakota address. Your organization cannot serve as its own agent, though an individual from your nonprofit residing in North Dakota could qualify as a noncommercial agent. This agent receives legal documents and official notices on your behalf. Maintaining good standing through timely annual reports protects your charitable registration status and ability to fundraise legally.

Conclusion

Navigating the charitable solicitation requirements in North Dakota might seem daunting at first glance, but the process follows a straightforward path when broken down into manageable steps. Your organization must complete registration before initiating any fundraising activities, unlike other states that permit solicitation during pending applications.

The $25 registration fee and relatively simple documentation requirements make North Dakota’s charitable registration process less burdensome than many other states. Additionally, the FirstStop Portal streamlines submission and provides guidance throughout the application process, saving valuable time for your nonprofit team.

Remember that online fundraising creates broader obligations beyond North Dakota’s borders. A simple “Donate Now” button on your website can potentially create charitable solicitation obligations in multiple states, depending on how you solicit. Therefore, developing a comprehensive multi-state strategy becomes essential for effective fundraising operations. Many nonprofits find that working with experienced specialists provides peace of mind and ensures consistent accuracy across all jurisdictions.

Legal standing doesn’t end after initial approval, though. Annual reporting by September 1st each year ensures your organization maintains its legal status. Furthermore, working with professional fundraisers adds another layer of responsibility, as these professionals must register separately and cannot work with unregistered organizations.

The registration process ultimately serves to protect both donors and legitimate charitable organizations. After completing your nonprofit license requirements, you can confidently focus on your mission and fundraising goals without legal concerns clouding your efforts. North Dakota’s requirements, while mandatory, exist to maintain transparency and accountability within the charitable sector.

Your careful attention to these charitable registration details now will prevent potential complications later, allowing your nonprofit to thrive while serving communities across North Dakota. The time invested in proper legal standing pays dividends through uninterrupted fundraising capabilities and enhanced donor trust.

Frequently Asked Questions