Mississippi Fundraising Registration Requirements

Mississippi State Fundraising Registration

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

 

Mississippi 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.


Mississippi 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


Mississippi Charitable Organization Registration

Agency: Mississippi Secretary of State - Charities Division

Law:   Mississippi Code § 79-11-503

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? Yes

One-Time Exemption Registration

Exemption Eligible Organizations:

  • All educational institutions that are recognized by the State Board of Education or that are accredited by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, any foundation having an established identity with any of the aforementioned educational institutions, any other educational institution which makes the solicitation of contributions solely by its student body, alumni, faculty and trustees and their families or a library established under the laws of this state
  • Fraternal, patriotic, social, educational, alumni organizations and historical societies when solicitation of contributions is made solely by their membership; however, posts of the American Legion and posts of the Veterans of Foreign Wars of the United States may utilize nonmembers to assist designated supervisors in the conduct of bingo under the Charitable Bingo Law and qualify for this exemption. This exemption shall be extended to any subsidiary of a parent or superior organization if such solicitation is made solely by the membership of the subsidiary, parent or superior organization
  • Persons requesting any contributions for the relief or benefit of any individual, specified by name at the time of the solicitation, 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
  • Any charitable organization which does not intend to solicit and receive and does not actually receive contributions in excess of $25,000 during any twelve-month period, provided all of its fund-raising functions are carried on by persons who are unpaid for such services
  • Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided such chest or fund is complying with the provisions of Sections 79-11-501 through 79-11-529 relating to registration and filing of annual reports with the Secretary of State, and provided such organization does not actually receive, in addition to such allocation, contributions in excess of $25,000 during any twelve-month period and provided further, that all the fund-raising functions of such organization are carried on by persons who are unpaid for such services
  • All volunteer fire departments or rescue units, rural or otherwise, chartered under the laws and statutes of the State of Mississippi as nonprofit corporations
  • Any humane society organized under the laws of Mississippi which contracts with counties or municipalities for the care and keeping of estrays
  • Filing Method: Online

    Agency Fee:  $50 + $4 online filing fee

    Law: Miss. Code Ann. Section 79-11-505(1)

    Notes: Notices of exemption do not expire, but charities must update their exemption within 30 days if any information changes.

    Initial Registration

    Filing Method:   Online

    Agency Fee:   $50 + $4 online filing fee.

    Turnaround:  1 week

    Notes:

  • The CFO and president (or other authorized officer) must sign the application electronically.
  • The state will return a Certificate of Registration upon approval.
  • Some Mississippi 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.

    Appoint a registered agent to receive legal documents in Mississippi.

    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.

    Appoint a registered agent to receive legal documents in Mississippi.

    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 Mississippi, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 60 days old when filing foreign qualification documents.


    - How to Apply -

    Domestic Applicants:

    1. Create an online filing account and submit entity formation documents with the Mississippi Secretary of State.

    2. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.


    Foreign Applicants:

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

    2. Create an online filing account and submit foreign qualification documents with the Mississippi Secretary of State.

    3. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.


    - Required Attachments -

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

    Filing Method:   Online

    Agency Fee:   $50 + $4 online filing fee.

    Due:

  • Annually by the 15th of the 5th month following a charity's fiscal year end. If your fiscal year ends on December 31, renewal is due by May 15.
  • 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 180 days beyond the original due date by submitting a request for extension through the online portal. A copy of IRS form 8868 must be included when requesting an extension.

    Notes:

  • Note the list attachments required including IRS Form 990. Larger organizations may need to attach an audited financial statement.
  • 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

    Agency Fee:  $50

    Turnaround:   1-2 business days

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

    Cancellation

    Filing Method:   Online

    Agency Fee:  $0

    Notes: To close out your registration, file a Final Report online and attach the most recently completed financials and a copy of a statement by an officer that the organization is no longer soliciting in Mississippi.


     
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    Mississippi Commercial Co-Venturer Registration

    Commercial Co-venturer shall mean any person or entity who is regularly and primarily engaged in the production, trade, sale or commerce of goods other than in connection with the raising or solicitation of funds, assets, or other property for charitable organizations or charitable purposes, who for indirect compensation (including contractually arranged fees, commissions or other monetary remuneration), conducts, promotes, underwrites, arranges, markets, sponsors or advertises a sale, performance, or event of any kind which will benefit, to any extent, a Charitable Organization, or
    A person or entity who contracts with a Charitable Organization to benefit that charity to any extent, and who receives only indirect compensation limited to goodwill or tax benefits as a result of that contractual agreement, is considered neither a commercial co-venturer nor a professional fund-raiser so long as neither the person (or entity) nor the Charitable Organization conducts, promotes, underwrites, arranges, markets, sponsors, or advertises the relationship to the public during the contract period.

    Agency:   Mississippi Secretary of State - Charities Division

    Law:   1 MS Admin Code § 15-3.17

    Initial Registration

    Form: Notice of Charitable Sales Promotion

    Filling Method:  Online

    Agency Fee:  $0

    Turnaround:   Immediately online.

    Bond Amount:  None

    Contract Filing

    Filing Method: Online

    Agency Fee:   $0

    Turnaround:   Immediately online.

    Due:   A Commercial Co-venturer engaging in a charitable sales promotion is required to file with the Secretary of State notice of the promotion no less than seven (7) days prior to the start of said promotion. Such notice must include a copy of the contract between the Co-venturer and the Charitable Organization.

    Original Ink:   Not required

    Notarize:   Not required

    How to Apply:   The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.



    Mississippi Fund-Raising Counsel Registration

    Fund-raising counsel means a person (i) who for a fixed fee or rate under a written agreement plans, manages, advises or consults with respect to the solicitation in this state of contributions by a charitable organization, (ii) who neither solicits contributions nor directly or indirectly employ, procure or engage any person compensated to solicit contributions, and (iii) who does not at any time, whether directly or indirectly, receive or have custody or control of contributions. A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a fund-raising counsel. No attorney, accountant or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of the professional service or advice rendered, to be a fund-raising counsel.

    Agency:   Mississippi Secretary of State

    Law:   MS Code § 97-11-513

    Initial Registration

    Filling Method:  Online

    Agency Fee:  $250

    Registration Renewal

    Filling Method:  Online

    Agency Fee:  $250

    Due:  Annually by June 30.

    Contract Filing

    Agency Fee:  $0

    Due:   All contracts entered into between fund-raising counsels and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the fund-raising counsel who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the fund-raising counsel of any service.


     
    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



    Mississippi Professional Fund-Raiser Registration

    Agency:   Mississippi Secretary of State

    Law:   MS Code § 79-11-513

    Bond Requirements: $10,000

  • The bond shall run to the Secretary of State for the use of the state and to any person who may have a cause of action against the obligor of the bond for any malfeasance or misfeasance in the conduct of such solicitation; provided, that the aggregate limit of liability of the surety to the state and to all such persons shall, in no event, exceed the sum of such bond.
  • Such limitation of liability, as to the sum of the bond, as to the surety, shall not otherwise affect any liability to any person by any charitable organization, professional fund-raiser, professional solicitor or any other person for a violation of the Mississippi Regulation Code of Charitable Solicitations
  • Initial Registration

    Filing Method: Online

    Agency Fee:   $250

    Before you Apply:

  • The filing will be rejected if the signature verification request does not go to each individual signer at their individual email addresses so that the signatures may be validated.
    • This includes the signature of the President (or other authorized agent) of the firm.

    Registration Renewal

    Filing Method: Online

    Agency Fee:   $250

    Due: Annually by June 30.

    Contract Filing

    Agency Fee:   $0

    Due: All contracts entered into between professional fund-raisers and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the professional fund-raiser who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the professional fund-raiser of any service

    Financial Reporting

    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.




    Mississippi Individual Nonprofit & Fundraising Licenses

    Professional solicitor means any person who is employed or retained for compensation by a professional fund-raiser to solicit contributions for charitable purposes from persons in this state.

    Agency Mississippi Secretary of State

    Law: MS Code 79-11-517

    Initial Registration

    Form: http://www.sos.ms.gov/Pages/Fees-Forms-Charities.aspx

    Agency Fee:   $0

    Registration Renewal

    Form: http://www.sos.ms.gov/Pages/Fees-Forms-Charities.aspx

    Agency Fee:   $0

    Due:   Annually by June 30.


     
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    Jacquelyn Bussotti, Human Resources Manager, Parkinson’s Foundation


    Mississippi Charitable Gift Annuity Registration

    Agency:  Mississippi Secretary of State - Securities Division

    Law:   MS Code § 79-11-651 through MS Code § 79-11-661

    Organization Age Requirement: 3 years of continuous existence immediately preceding licensure.

    Minimum Unrestricted Cash or Cash Equivalent Requirement:   $300,000

    Initial Registration

    Notes: Mississippi charities must provide notice on the day they first enter into a charitable gift annuity agreement. Notices must identify the organization, certify that the organization is a charity and that the annuities issued are qualified charitable gift annuities, and be signed by an officer or director.

    Registration Renewal

    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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