Maryland Fundraising Registration Requirements

Maryland State Fundraising Registration

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

 

Maryland 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.


Maryland 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

Maryland Charitable Organization Registration

Agency:  Maryland Secretary of State - Charitable Organizations Division

Law:   Maryland Ann. Code, Business Regulation Article, § 6-401 et seq

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? No

Initial Registration

Form:   Form COR-92: Charity Registration

Filing Method:   Mail or email to dlcharity_sos@maryland.gov.

Agency Fee:  $0-300, depending on charitable contributions

Turnaround:  4 - 6 weeks

Notes:

  • The nonprofit's president, chairman, or principal office must sign. The signature need not be notarized.
  • Upon approval, you will receive a Certificate of Solicitation.
  • Some Maryland 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 Maryland, 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 Maryland State Department of Assessments and Taxation (SDAT).

    2. Submit a Charity Registration application or URS and all required attachments to the Maryland Secretary of State - Charitable Organizations Division.


    Foreign Applicants:

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

    2. File foreign qualification documents with the Maryland State Department of Assessments and Taxation (SDAT).

    3. Submit a Charity Registration application or URS and all required attachments to the Maryland Secretary of State - Charitable Organizations Division.


    - Required Attachments -

  • IRS form 990
  • Audited financials (if applicable)
  • Articles of incorporation
  • Bylaws
  • IRS determination letter (or IRS form 1023 if exemption is pending)
  • List of officers and directors
  • Professional fundraising contracts
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    Registration Renewal

    Form:   Annual Update of Registration

    Filing Method:   Mail or email to dlcharity_sos@maryland.gov.

    Agency Fee:  $0-300, depending on charitable contributions

    Due:  

  • Annually within 6 months after the close of your organization's 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 are automatically extended for 4.5 months beyond the original due date.

    Notes:

  • Make sure to include all required attachments, including annual financial report

    • Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • Only if amended: IRS determination letter, articles of incorporation, and bylaws

    • Change of Fiscal Year

    Form:  Maryland Annual Update of Registration

    Agency Fee:   Varies

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

    Cancellation

    Agency Fee:  $0

    Notes: To close out your registration, submit articles of dissolution or a letter stating the organization is no longer soliciting in Maryland. Past due filings or fees are not required in order to close an organization's registration.

     
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    Maryland Commercial Co-Venturer Registration

    NOT REQUIRED

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


    Maryland Professional Fundraiser Registration

    Agency:   Maryland Secretary of State - Charitable Organizations Division

    Bond Requirements: $25,000

    Initial Registration

    A Professional Solicitor is a person who is compensated for advising a charity about a charitable solicitation, holding, planning, or managing a solicitation in Maryland, or soliciting or receiving contributions for a charitable organization. The solicitation or receipt of contributions is the distinction between a fund-raising counsel and Professional Solicitor.

    Form: Application to Register as a Professional Solicitor, Fund-Raising Counsel, or Public Safety Solicitor

    Agency Fee:   $350

    Original Ink: Not Required

    Notarize: Not Required

    Notes: Prior to starting a solicitation, a Professional Solicitor is required under Business Regulation Article, §6-502 to submit a fund-raising notice for each fund- raising campaign. The notice requests information concerning the type of fund-raising method to be used and the dates of the solicitation.
    In addition to completing the fund-raising notice, a solicitor is required to submit with the notice a copy of the fund-raising agreement. Business Regulation Article, §6-616 requires that agreements between Professional Solicitors and charities include the names and addresses of the parties, the minimum percentage of the gross receipts from the solicitations that will be used by the charity exclusively to advance its charitable purpose, and the text used in each solicitation.
    In addition to submitting a copy of any fund-raising agreements between a solicitor and a charity, the solicitor is also required to submit copies of any subcontracts or other contracts in furtherance of the agreement between the charity and solicitor. This includes the submission of caging agreements, generally defined as an agreement between a solicitor or charity and a person engaged to receive or hold contributions resulting from an agreement between a charity and solicitor.

    Before you Apply:

  • The names of each current officer, associate solicitor, and employee working in fund-raising. The names of new officers, associate solicitors, and employees must be submitted within ten days after the individual begins employment.

    • Required Attachments:

  • A sample fund-raising agreement if the solicitor does not currently have any agreements
  • A copy of any fund-raising agreements between a solicitor and a charity
  • A copy of any subcontracts or other contracts in furtherance of the agreement between the charity and solicitor.

    • Bond Amount: $25,000


    Registration Renewal

    Form:   http://sos.maryland.gov/Charity/Pages/Register-Professional-Solicitor.aspx

    Agency Fee:   $350

    Due: September 30 of each year.

    Original Ink: Not Required

    Notarize: Not Required


    Contract Filing

    Agency Fee:   $0

    Due: Annually



    Contract Filing

    Form:   Fund-Raising Notice for Professional Solicitors

    Agency Fee:   $0

    Due: File a fundraising notice prior to starting a public solicitation campaign.


    Financial Reporting

    Form:   Accounting Report for Professional Solicitors

    Agency Fee:   $0

    Due: A final accounting report is required within three months after the end of each fund-raising campaign and must account for all funds received and disbursed during the entire fund-raising campaign.

     
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    Maryland Charitable Gift Annuity Registration

    Agency:   Maryland Insurance Administration

    Law:   MD Ins. Code § 16-114

    Organization Age Requirement:   10 years of continuous existence immediately preceeding licensure.

    Audit Requirements:   Audited financial statements are required with the annual permit renewal.

    Initial Registration

    Agency Fee:  $0 Per Agent

    Notes:   Maryland requires charities to apply for a permit to receive exemption from state insurance laws. There is no form, but the charity should submit proof that it meets the requirements for exemption. To qualify organizations must have been in existence as a 501(c)(3) for at least 10 years and must maintain a separate fund reserve fund for annuity funds.

    Registration Renewal

    Agency Fee:   $0

    Due:   Annually within 90 days of the charity's fiscal year end.

    Due:   There is no renewal form, but charities should submit the required statements and audit to renew their permit.

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

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