Kansas Fundraising Registration Requirements

Kansas State Fundraising Registration

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

 

Kansas 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.


Kansas 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


Kansas Charitable Gift Annuity Registration

NOT REQUIRED

 Charitable Gift Annuity licensure is not required on the State level in Kansas.

No filing is required, but charities need to meet certain conditions before issuing charitable gift annuities. Kansas generally exempts organizations with a religious, educational, benevolent, fraternal, charitable, social, athletic, or reformatory purpose from insurance regulations related to charitable gift annuities.

Law: K.S.A. § 17-12a201(7)


Kansas Charitable Organization Registration

Agency:   Kansas Attorney General - Consumer Protection Division - Charitable Organization Registration Program

Law:   Kansas Statutes Ann. § 17-1760 et seq.

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? No

Automatic Exemption

Exemption Eligible Organizations::

  • State educational institutions under the control and supervision of the state board of regents, unified school districts, educational interlocals, educational cooperatives, area vocational-technical schools, all educational institutions that are accredited by a regional accrediting association or by an organization affiliated with the national commission of accrediting, any foundation having an established identity with any of the aforementioned educational institutions, any other educational institution confining its solicitation of contributions to the student body, alumni, faculty and trustees of such institution, and their families, or a library established under the laws of Kansas
  • Fraternal, patriotic, social, educational, alumni organizations and historical societies when solicitation of contributions is confined to their membership. This exemption shall be extended to any subsidiary of a parent or superior organization exempted by this subsection where such solicitation is confined to the membership of the subsidiary, parent or superior organization
  • Persons requesting any contributions for the relief or benefit of any individual if the contributions collected are turned over to the named beneficiary, first deducting reasonable expenses for costs of banquets, or social gatherings, if any, provided all fund raising functions are carried on by persons who are unpaid, directly or indirectly, for such services
  • Charities that raise less than $10,000 during a fiscal year and do not use professional solicitors
  • Any incorporated community chest, united fund, united way or any charitable organization receiving an allocation from an incorporated community chest, united fund or united way
  • A bona fide organization of volunteer firemen, or a bona fide auxiliary or affiliate of such organization, if all fund-raising activities are carried on by members of such organization or an affiliate thereof and such members receive no compensation, directly or indirectly
  • Any charitable organization operating a nursery for infants awaiting adoption if all fund-raising activities are carried on by members of such an organization or an affiliate thereof and such members receive no compensation, directly or indirectly
  • Any corporation established by the federal congress that is required by federal law to submit annual reports of such corporation's activities to congress
  • Any girls' club which is affiliated with the girls' club of America, a corporation chartered by congress, if such an affiliate properly files the reports required by the girls' club of America and that the girls' club of America files with the government of the United States the reports required by such federal charter
  • Any boys' club which is affiliated with the boys' club of America, a corporation chartered by congress, if such an affiliate properly files the reports required by the boys' club of America and that the boys' club of America files with the government of the United States the reports required by such federal charter
  • Any corporation, trust or organization incorporated or established for religious purposes, or established for charitable, hospital or educational purposes and engaged in effectuating one or more of such purposes, that is affiliated with, operated by or supervised or controlled by a corporation, trust or organization incorporated or established for religious purposes, or to any other religious agency or organization which serves religion by the preservation of religious rights and freedom from persecution or prejudice or by fostering religion, including the moral and ethical aspects of a particular religious faith
  • The boy scouts of America and the girl scouts of America, including any regional or local organization affiliated therewith
  • The young men's christian association and the young women's christian association, including any regional or local organization affiliated therewith
  • Any licensed medical care facility which is organized as a nonprofit corporation under the laws of this state
  • Any licensed community mental health center or licensed mental health clinic
  • Any licensed community center for people with intellectual disability and its affiliates as determined by the Kansas department for aging and disability services
  • Any charitable organization of employees of a corporation whose principal gifts are made to an incorporated community chest, united fund or united way, and whose solicitation is limited to such employees
  • Any community foundation or community trust to which deductible contributions can be made by individuals, corporations, public charities and private foundations, as well as other charitable organizations and governmental agencies for the overall purposes of the foundation or to particular charitable and endowment funds established under agreement with the foundation or trust for the charitable benefit of the people of a specific geographic area and which is a nonprofit organization exempt from federal income taxation
  • Any charitable organization which does not intend to or does not actually solicit or receive contributions from more than 100 persons
  • Any charitable organization the funds of which are used to support an activity of a municipality of this state
  • The junior league, including any local community organization affiliated therewith
  • Any charitable organization that is an animal shelter licensed pursuant to K.S.A. 47-1701
  • Initial Registration

    Form:   Charitable Organization Registration

    Filing Method:   Mail

    Agency Fee:  $25

    Turnaround:  4 - 6 weeks

    Notes:

  • The CFO and another authorized officer must sign. They must be two individuals. Notarization of signatures is not needed.
  • Some Kansas 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 Kansas, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 90 days old when filing foreign qualification documents.

  • - How to Apply -

    Domestic Applicants:

    1. File entity formation documents with the Secretary of State.
    2. Submit a Registration Statement for Solicitations and all required attachments to the Kansas Attorney General - Consumer Protection Division.

    Foreign Applicants:

    1. Determine whether or not your charity will need to foreign qualify based on your activity in Kansas. If not required, skip to number 3.
    2. File foreign qualification documents with the Secretary of State.
    3. Submit a Registration Statement for Solicitations and all required attachments to the Kansas Attorney General - Consumer Protection Division.

    - Required Attachments -

  • IRS form 990
  • Audited financials (if applicable)
  • Charitable Organization Financial Statement (if the charitable organization does not file a 990 or if the 990 is not available at the time of filing)
  • List of officers and directors
  • List of other states where registered to solicit
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    Registration Renewal

    Form:   Charitable Organization Registration (Renewal)

    Filing Method:   Mail

    Agency Fee:  $25

    Due:

  • Annually within 6 months after the close of your fiscal year. So if your fiscal year ends December 31, then renewal is due by June 30.
  • 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 1 year beyond the original due date by mailing a renewal packet, including Form FS, to the charities office. IRS Form 990 should be submitted when it becomes available.

    Notes: The CFO and another authorized officer must sign. They must be two individuals. Notarization of signatures is not needed.

    Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • Charitable Organization Financial Statement (if the charitable organization does not file a 990 or if the 990 is not available at the time of filing)
  • List of officers and directors
  • IRS determination letter
  • List of other states where registered to solicit
  • Change of Fiscal Year

    Form:   Charitable Organization Registration Statement for Solicitations (change of fiscal year)

    Agency Fee:  $25

    Notes: Fiscal year can be changed during the standard renewal process.

    Cancellation

    Notes: Kansas allows charities to simply let their registration expire but highly encourages a letter for the record stating that they wish to withdraw and are no longer soliciting. If soliciting took place in a partial fiscal year, the organization must file a final renewal.


     
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    Kansas Commercial Co-Venturer Registration

    NOT REQUIRED

    Commercial Co-venturer licensure is not required on the State level in Kansas.

    Kansas 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.


     
    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


    “Professional fundraiser” means any person, who is retained under contract or otherwise compensated by or on behalf of a charitable organization primarily for the purpose of soliciting funds. A professional fundraiser includes a person who plans, manages, advises, consults, or prepares material for solicitations. Professional fundraiser shall not include any bona fide employee of a charitable organization who receives regular compensation and is not primarily employed for the purpose of soliciting funds, or an attorney, investment counselor, or banker who in the conduct of such profession advises a client to make a contribution.

    Kansas Professional Fundraiser Registration

    Agency:   Kansas Attorney General - Consumer Protection Division - Charitable Organization Registration Program

    Law:   K.S.A. § 17-1764

    Initial Registration

    Form:   Professional Fund Raiser Application

    Agency Fee:  $25

    Original Ink:  Not required

    Notarize:  Not required

    Before You Apply:

  • Names and addresses of officers, directors, partners, members or other persons holding management positions
  • Details regarding Fundraising activity
  • The legal name and any other names used by the professional fundraiser
  • The address of the professional fund raiser's principal place of business and any office or location in Kansas
  • The names of any other states where the professional fundraiser is registered for charitable solicitations.
  • An operating statement for each charitable organization for which the fundraiser solicits. The operating statement shall provide:
    • the name and address of the charitable organization
    • the actual or expected dates on which fundraising activity will be conducted for the charitable organization
  • If the professional fundraiser is employed or otherwise engaged by a charitable organization for fundraising after the professional fundraiser has filed its annual registration, the professional fundraiser must file an operating statement for that charitable organization before beginning its fundraising activity for that charitable organization.
  • Requirements: Attach a PO Form for all charitable organizations

    Registration Renewal

    Form:   Professional Fund Raiser Application (Renewal)

    Agency Fee:   $25

    Due:   Annually by June 30.

    Original Ink:  Not required

    Notarize:   Not required

    Contract Filing

    Form:   Professional Fund Raiser Operating Statement

    Agency Fee:   $0

    Due:   An operating statement must be filed before acting as a professional fund raiser for a charitable organization.

    Financial Reporting

    Form:   Professional Fund Raiser Annual Report

    Agency Fee:   $0

    Due:   Annually by July 31.


     
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    Kansas Professional Solicitor Registration

    Agency: Kansas Attorney General - Consumer Protection Division - Charitable Organization Registration Program

    Initial Registration

    Form:   Professional Solicitor Application

    Agency Fee:   $25

    Original Ink:   Not required

    Notarize: Not Required

    Registration Renewal

    Form:   Professional Solicitor Application (Renewal)

    Agency Fee:   $25

    Due:   Annually by June 30.

    Original Ink:   Not required

    Notarize: Not Required


     
    Thank you, you truly are amazing! And frankly we would be lost in all of this if it wasn’t for you.

    Lisa Strand, Operations Coordinator, Life is Good Playmakers



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