Maine Fundraising Registration Requirements

Maine State Fundraising Registration

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

 

Maine 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.


Maine 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


Maine Charitable Gift Annuity Registration

NOT REQUIRED

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

No filing is required, but charities need to meet certain conditions before issuing charitable gift annuities. Maine exempts charities from following insurance regulations regarding charitable gift annuities if the following conditions are met: "A. The organization is a nonprofit organization that is either: (1) An organization to which the Maine Nonprofit Corporation Act applies; or (2) Organized under the laws of a jurisdiction within the United States and qualified as a foreign corporation pursuant to Title 13-B, chapter 12. B. The organization qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(c)(3) or a successor provision. C. The organization: (1) Has been operating continuously for 5 or more years; (2) Is a parent or subsidiary of a qualified organization; or (3) Is the successor to an organization that meets the requirements of paragraphs A and B and both organizations together have operated continuously for 5 or more years.".

Law: ME Rev Stat. Title 24-A Chapter 1 § 3 and ME Rev Stat. Title 24-A Chapter 9 § 703-A


Maine Charitable Organization Registration

Agency: Maine Office of Professional and Occupation Regulation

Law:   Maine Revised Statutes Ann., Title 9, Ch. 385, §§ 5001-5018

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? No

Automatic Exemption

Exemption Eligible Organizations:

  • Organizations that solicit primarily within their membership and do not contract with a professional solicitor. For purposes of this paragraph, the term "membership" does not include those persons who are granted a membership upon making a contribution as a result of a solicitation
  • Persons soliciting contributions for the relief of any individual specified by name at the time of the solicitation, when all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary for that individual's use
  • Charitable organizations that do not intend to solicit and receive and do not actually solicit or receive contributions from the public in excess of $35,000 during a calendar year or do not receive contributions from more than 35 persons during a calendar year, if the charitable organizations do not contract with professional solicitors and if no part of the assets or income inures to the benefit of or is paid to any officer or member
  • Educational institutions, the curriculums of which in whole or in part are registered or approved by the Department of Education, either directly or by acceptance of accreditation by an accrediting body recognized by the Department of Education, and organizations operated by the student bodies of such institutions
  • Hospitals that are nonprofit and charitable
  • Free clinics
  • Law: Maine Revised Statutes Ann., Title 9, Ch. 385, § 5006

    Initial Registration

    Form:   Charitable Organization Application

    Filing Method:   Mail or Online

    Agency Fee:  $20

    Turnaround:  2 - 3 weeks

    Notes:

  • Check the website for the status of your license. PENDING means it is under review. ACTIVE means your organization is authorized to solicit.
  • Some Maine 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.

    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.

    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 Maine, 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 Maine Secretary of State - Bureau of Corporations, Elections, and Commissions.

    2. Submit a Charitable Organization Application and all required attachments to the Maine Office of Professional and Occupation Regulation.


    Foreign Applicants:

    1.Determine whether or not your charity will need to foreign qualify based on your activity in Maine. If not required, skip to number 3.

    2. File foreign qualification documents with the Maine Secretary of State - Bureau of Corporations, Elections, and Commissions.

    3.Submit a Charitable Organization Application and all required attachments to the Maine Office of Professional and Occupation Regulation.


    - Required Attachments -

  • Current year budget or IRS form 990
  • IRS determination letter
  • List of officers and directors
  • List of individuals responsible for custody of contributions received and distributed
  • List of states where licensed
  • Professional fundraising contracts
  • Criminal Conviction and Disciplinary Action Documentation (if applicable)
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    Registration Renewal

    Form:   Charitable Organization Application and Annual Fundraising Activity Report for Charitable Organization

    Filing Method:   Mail or Online

    Agency Fee:  $20

    Due:   Annually by November 30. Renewals can be filed as early as October 1.

    Due Date Extension: Maine does not grant extensions for charitable organization registration.

    Penalties: There is a $50 late fee for renewals filed within 90 days after the expiration date.

    Notes:

  • Make sure to include all required attachments
  • Late applications filed December 1 - March 1 must include a $50 late fee. After March 1st, applicants must file a new initial application.
  • Required Attachments:

  • List of officers and directors
  • Change of Fiscal Year

    Agency Fee:  $0

    Turnaround:   1-2 business days

    Notes: Email Tammy Reed at tammy.reed@maine.gov to update fiscal year.

    Cancellation

    Form:   Annual Fundraising Activity Report for Charitable Organization

    Agency Fee:  $0

    Notes: To close out your registration, submit a letter indicating your withdrawal request and a final annual fundraising activity report, which can be emailed, faxed, or mailed.


     
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    Maine Commercial Co-Venturer Registration

    NOT REQUIRED

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

    Maine 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.


    Maine Fundraising Counsel Registration

    NOT REQUIRED

    Fundraising Counsel licensure is not required on the State level in Maine.

    Maine does not currently have a traditional registration requirement for fundraising counsels, 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



    Maine Professional Solicitor License

    Agency:   Maine Office of Professional and Occupation Regulation

    Bond Requirements: $25,000

    Initial Registration

    Form: Professional Solicitor Application

    Filing Method:   Mail or online.

    Agency Fee:   $20

    Original Ink: Not required

    Notarize: Not required

    Before you Apply:

  • List all other names under which the Professional Solicitor intends to solicit contributions
  • Provide details about whether the organization has ever had any court action taken against it by a licensing, registration or regulatory authority or law enforcement agency in any jurisdiction that resulted in a restraining order, injunction, civil judgment, criminal conviction, consent judgment, consent agreement, agreement to pay restitution or investigative costs or any other type of negotiated disposition
  • Report types of solicitation campaigns the firm conducts
  • Required Attachments:

  • Copies of the contracts executed between charitable organizations and the firm
  • $25,000 bond
  • Registration Renewal

    Filing Method: Online

    Agency Fee:   $20

    Due: Annually by November 30.

    Notes:Renewal reminders are sent via email approximately 60 days prior to expiration.

    Contract Filing

    Agency Fee:   $0

    Due: A copy of new contracts between a professional solicitor and a charity must be filed within 10 days after entering into the contract.

    Law: 9 Maine Rev Stat. § 5008-A.7

    Notes: There is no form, simply file a copy of the contract with the department.

    Amendment

    Agency Fee: $0

    Due:   As an ongoing condition of licensure, a professional solicitor must notify the director of a change to the information contained in the licensee's application for initial or renewal licensure, including any additional disciplinary or court action taken against the licensee, within 10 days of the change.

    Law: 9 Maine Rev Stat. § 5008-A.7




    Maine Individual Professional Fundraiser Registration

    NOT REQUIRED

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

    Solicitors who are not employed by a professional fundraising firm but operate independently may be required to register. Employees of professional fundraising firms are generally not required to register as an individual solicitor in Maine.


     
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    Jacquelyn Bussotti, Human Resources Manager, Parkinson’s Foundation


     
    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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