Kentucky Fundraising Registration Requirements

Kentucky State Fundraising Registration

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

 

Kentucky 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.


Kentucky 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

Kentucky Charitable Gift Annuity Registration

NOT REQUIRED

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

No filing is required. Kentucky exempts most charities from insurance regulations related to charitable gift annuities.

Law: KRS § 304.1-120

Kentucky Charitable Solicitation Registration

Agency:   Kentucky Attorney General - Charities

Law:   Kentucky Revised Statutes Ann. § 367.657

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? Yes

Automatic Exemption

Exemption Eligible Organizations:

  • Solicitations by an organization of contributions from its members and their families only, if membership is not included in a solicitation, is not granted upon the basis of contributions alone, and is within the exception of KRS 367.650(3)
  • Solicitations by a religious organization for funds for religious purposes such as maintenance of a house of worship, conduct of services, and propagation of its faith and tenets as distinguished from other charitable and civic purposes employed by nonreligious organizations
  • Solicitations by a publicly-owned or nonprofit privately-endowed educational institution regulated by the Kentucky Board of Education, the Council on Postsecondary Education, or an equivalent public authority of the jurisdiction where the institution is located, from the alumni, faculty members, student body of the institution and their families, and from corporations, for the continuance of an established educational program
  • Local solicitations by a student group or parent-teacher association for its campus or group connected activities with the approval of the administration of the educational institution

    • Law: KRS § 367.660

    Initial Registration

    Form: There is no prescribed form, instead file the required attachments in the mail. If your 990 is not available the URS can be filed instead.

    Filing Method:   Mail or on a CD or thumb drive in .pdf format

    Agency Fee:  $0

    Turnaround:  4-6 weeks

    - Before you Apply -

    All Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If filing the URS, appoint a registered agent to receive legal documents in Kentucky.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

    • - How to Apply -

    Domestic Applicants:

    1. File entity formation documents with the Kentucky Secretary of State.
    2. Submit the documents listed in the required attachments section, or a URS if your 990 is not available, to the Kentucky Attorney General - Charities Section.

    Foreign Applicants:

    1. Determine whether or not your charity will need to foreign qualify based on your activity in Kentucky. If not required, skip to number 3.
    2. File foreign qualification documents with the Kentucky Secretary of State.
    3. Submit the documents listed in the required attachments section, or a URS if your 990 is not available, to the Kentucky Attorney General - Charities Section.

    - Required Attachments -

  • IRS form 990
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
    • Trust the #1 Choice for State Charitable Registration
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    Registration Renewal

    Filing Method: Mail or on a CD or thumb drive in .pdf format

    Agency Fee:  $0

    Due:  

  • Annually by 4 months and 15 days after 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.
  • Newly formed charities that have not yet filed Form 990 with the Internal Revenue Service can file a notice of intent to solicit, which expires on December 31 every year.

    • Due Date Extension:

    Due dates are automatically extended for 180 days beyond the original due date, however, charities should file a copy of their IRS form 8868 when submitting their 990 if an IRS extension was granted.

    Notes: Simply file your IRS Form 990 with the Kentucky Attorney General at the same time as you file it with the IRS. If your nonprofit does not file Form 990, either file IRS Form 8868 or the URS each year.

    Required Attachments:

  • IRS form 990

    • Change of Fiscal Year

    Agency Fee:  $0

    Notes: File the new 990 showing a change in fiscal year.

    Cancellation

    Agency Fee:  $0

    Notes: To close out your registration charities that are not associated with a professional solicitor contract/campaign or fundraising consultant contract, the charity can simply not submit the next IRS form 990. Alternatively the charity could submit on letterhead the date they wish to withdraw from soliciting in Kentucky.

     
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    Kentucky Commercial Co-Venturer Registration

    NOT REQUIRED

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

    Kentucky 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.

     
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    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

    “Fundraising consultant” means any person who, for compensation, plans, manages, advises, consults, or develops material for or with respect to the solicitation for any charitable organization. A fundraising consultant shall not, at any time, have custody of contributions from a solicitation or solicit contributions, directly or indirectly. If a fundraising consultant’s fee is related to the amount of contributions received from a solicitation in which he took part, the consultant is considered a professional solicitor. A fundraising consultant shall not employ, procure, or otherwise engage any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising consultant, unless he is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.

    Kentucky Fund-Raising Consultant Registration

    Agency:   Kentucky Attorney General - Charities

    Law:   KRS § 367.652

    Registered Agent (Special Agency) Required?:   Yes

    Initial Registration

    Form:   Fund-Raising Consultant Registration Statement

    Agency Fee:  $50

    Notarize:  Required

    Before You Apply:  

  • List names and addresses of the charitable organizations that you have contracts with or have had contracts with in the last year
  • Names and addresses of all charitable organizations receiving contributions in Kansas as a result of your work
  • Names, home addresses, titles or relationships to the business of all partners, partner firms, corporate officers, directors, and other firm representatives, including employees and independent contractors
  • Report the names of all individuals who have been contracted as a fundraiser in the past.
  • The names of all individuals who have worked for professional fundraisers or fundraising consultants with a firm in the past

    • Required Attachments:

  • Registration Statement
  • Copies of Contracts
  • Complete background investigation forms
  • Background investigation fees

    • Registration Renewal

    Form: Fund-Raising Consultant Registration Statement (Renewal)

    Agency Fee:   $50

    Due:   Annually by December 31

    Notarize:   Required

    Contract Filing

    Form: Fund-Raising Consultant Form 4: Contract Registration Coversheet

    Agency: $0

    Due: At least 14 calendar days prior to the performance of any service pursuant to the contract, a fundraising consultant must file with the Attorney General a copy of the contract.

    Amendment

    Agency: $0

    Due: Changes to the information submitted on the registration statement must be reported within 7 calendar days after the changes occur.

     
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    Kentucky Professional Solicitor Registration

    Agency:   Kentucky Attorney General - Charities

    Law:   KRS § 367.652

    Bond Requirements: $25,000

    Initial Registration

    Form: Professional Solicitor Registration Statement

    Agency Fee:   $300

    Before you Apply:
  • Campaign details
    • Give the distribution of funds from the gross revenue of this promotion for each of the parties in the agreement. Totals are the same as shown in the contract and must equal 100%
    • Provide projected dates for this solicitation
    • Information regarding custody or control of the contributions
    • Bank account information for each bank account where receipts from the campaign are to be deposited
    • A description of the solicitation campaign or event
    • Methods of solicitation
    • A listing of each location and telephone number from which the solicitation will be conducted
    • A list of legal names and residential addresses for those who are responsible for directing and supervising the conduct of the campaign and each person who is to solicit by telephone during the campaign. (Ensure that all have had a criminal records check before calls are made into this Commonwealth)
    • List the names and addresses of any chapters, branches, or affiliates of the charitable organization or other persons who will share the contributions or will benefit in any way from this campaign.

    Required Attachments:

  • Articles of incorporation and bylaws
  • Licensing agency request form - one form for each person requiring a background check
    • If submitting five (5) or more forms, please use the spreadsheet and submit electronically by CD or email.
  • Compiled financial statement of the total profits, revenue from all fundraising activities of the last completed fiscal year per KRS 367.652(4)(f).
  • Copies of any advertising materials prepared for public distribution by any means of communication
  • Copies of written materials that have been or will be delivered to prospective donors whether by mail or in person including brochures, envelopes, receipts, forms, acknowledgments, etc.
  • Copies of sales scripts used in telephone or person-to-person solicitations.
  • Copies of all written contracts between the professional solicitor and the charitable organization on whose behalf you are soliciting
  • Copies of the agreement permitting the solicitor to use the charity’s name in the solicitation
  • Letters of authorization from other organizations who will benefit from the promotion e.g. Groups that may receive free tickets or other considerations as a result of the promotion

    • Bond Amount:  $25,000

    Registration Renewal

    Form: Professional Solicitor Registration Statement (Renewal)

    Agency Fee:   $300

    Due: Annually by December 31

    Contract Filing

    Form: Professional Solicitor Form 5: Promotion Registration Statement

    Agency Fee:   $0

    Due: File a promotion registration statement at least 14 days prior to the start of the performance of the contract.

    Notarize: Required

    Financial Reporting

    Form: Professional Solicitor Form 6: Professional Solicitor Campaign Financial Report

    Agency Fee:   $0

    Due: Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.

    Amendment

    Agency Fee:   $0

    Due: Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.



    Kentucky Individual Professional Fundraiser Registration

    NOT REQUIRED

    Professional Solicitor licensure is not required on the State level in Kentucky.

    The criminal history check section of the professional solicitor application applies to individual solicitors, however, no license is issued for individual employees.

    More information: Kentucky Attorney General - Charities

     
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    Lisa Strand, Operations Coordinator, Life is Good Playmakers


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