North Dakota Fundraising Registration Requirements

North Dakota State Fundraising Registration

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

 

North Dakota 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.


North Dakota 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


North Dakota Charitable Organization Registration

Agency:   North Dakota Secretary of State

Law:   North Dakota Century Code, Ch. 50-22

Foreign Qualification is Prerequisite:  Yes

Registered Agent (Special Agency) Required? No

One-Time Exemption Registration

Exemption Eligible Organizations:

  • An organization that solicits funds for an institution of higher learning
  • A private or public elementary or secondary school
  • An organization that uses only volunteer unpaid fundraisers and that solicits funds for a political subdivision or other government entity or for a civic or community project in which the contributions received are used solely for the project and none of the contributions inure to the benefit of any individual
  • A charitable organization or person that solicits contributions for any person specified by name at the time of the solicitation if all the contributions received are transferred within a reasonable time after receipt to the person named or that person's parent, guardian, or conservator with no restriction on their expenditure and with no deduction
  • A religious society or organization that is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A) (i) and (iii) [26 U.S.C. 6033(a)(2)(A)(i) and (iii)] or Internal Revenue Code section 6033(a)(2)(C)(i) [26 U.S.C. 6033(a)(2)(C)(i)]
  • Law: NDCC § 50-22-01 

    Initial Registration

    Filing Method:   Online

    Agency Fee:  $25. Out-of-state nonprofits will also incur fees to qualify and appoint a registered agent.

    Turnaround:  4 - 6 weeks

    Notes:

  • One officer must sign and it must be notarized.
  • Some North Dakota 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 North Dakota.

    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 North Dakota.

    Obtain a certificate of good standing from your home state (to be filed during the foreign qualification process). The certificate cannot be more than 6 months old when filing foreign qualification documents.

    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. Create a FirstStop online account and file entity formation documents through the North Dakota Secretary of State.

    2. SAfter entity approval, file a charitable organization registration using FirstStop.


    Foreign Applicants:

    1. Create a FirstStop online account and file foreign qualification documents through the North Dakota Secretary of State.

    2. After entity approval, file a charitable organization registration using FirstStop.


    - Required Attachments -

  • IRS form 990
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts
  • A list of officer and director compensation
  • Trust the #1 Choice for State Charitable Registration
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    Registration Renewal

    Filing Method:   Online

    Agency Fee:  $10

    Due: Annually by September 1. If you initially apply in July or August, you get a waiver until the following September.

    Due Date Extension: Due dates can be extended for 90 days beyond the original due date by submitting an amendment through the online portal.

    Required Attachments:

  • List of officers and directors
  • A list of officer and director compensation
  • Change of Fiscal Year

    Filing Method:  Online

    Agency Fee:  $10

    Notes: Changes to the fiscal year of a charity can be reported through the online portal.

    Cancellation

    Notes: To close out your registration, either file a final report with “Final” across the top of front page and submit it with a $10 filing fee (if you haven’t filed the charity annual report for this year yet) or simply send an e-mail requesting the cancellation (if you have already filed a report for this year).


     
    I’ve had great experiences with Labyrinth across two organizations, I definitely recommend their services!

    Killjan Anderson – USA BASKETBALL


    North Dakota Commercial Co-Venturer Registration

    NOT REQUIRED

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

    North Dakota 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


    North Dakota Certificate of Exemption to Issue Gift Annuities

    Agency: North Dakota Insurance Department

    Law:   ND Century Code § 26.1-34.1 et seq.

    Initial Registration

    Form: Form SFN 17914: Application for Certification of Exemption to Issue Gift Annuities

    Agency Fee:  $100

    Notarize:  Required

    Notes:   Charities should submit the application, agent of process attachment, segregated account attachment, statements reflecting financial and other conditions of the organization, proof of tax exemption, and samples of the charitable annuity contracts to apply.

    Renewal Not Required

    NOT REQUIRED

    The certificate of exemption does not expire, but financial statements must be submitted annually.

    Financial Reporting

    Filing Method   Email financial statements to colicexam@nd.gov with the subject line of "Gift Annuity Financial Statement".

    Agency Fee:  $0

    Due:   Audited (or unaudited if audited are unavailable) financial statements are due annually within 15 days of their preparation.


     
    I highly recommend this company for any organization that needs help with state filings. They have excellent customer service, have exceptional pricing, and have a true passion for helping organizations with this service. They are FANTASTIC!!

    Jacquelyn Bussotti, Human Resources Manager, Parkinson’s Foundation



    North Dakota Professional Fundraiser Registration

    "Professional fundraiser" means a person who, for financial compensation or profit, performs for a charitable organization a service in connection with which contributions are, or will be, solicited in this state by the compensated person or by a compensated person the person employs, procures, or engages to solicit; or a person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization. A bona fide full-time salaried officer or employee of a charitable organization maintaining a permanent establishment within the state may not be deemed to be a professional fundraiser. An attorney, investment counselor, or banker who advises any person to make a contribution to a charitable organization may not be deemed, as the result of that advice, to be a professional fundraiser.

    Agency:   North Dakota Secretary of State

    Law:   NDCC § 50-22-02.1

    Bond Requirements: $20,000

    Initial Registration

    Form: Form SFN 11303: Professional Fundraiser Application

    Agency Fee:   $100

    Original Ink: not required

    Notarize: Not required

    Notes: A copy of all contracts with charitable organizations must be submitted with the application.

    Registration Renewal

    Form: Form SFN 11303: Professional Fundraiser Application

    Agency Fee:   $100

    Due: Annually by August 31

    Original Ink: Not required

    Notarize: Not required

    Contract Filing

    Agency Fee:   $0

    Due: After the filing of the Professional Fundraiser Registration, any contracts entered into with any charitable organizations must be submitted to the Secretary of State within 10 days of the execution of those contracts.




    North Dakota Individual Professional Fundraiser Registration

    NOT REQUIRED

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

    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 North Dakota.

    Initial Registration

    Form: Professional Solicitor Registration Statement

    Agency Fee:   $25

    Original Ink:   Not required

    Notarize: Not Required


    Registration Renewal

    Form: Professional Solicitor Registration Statement (Renewal)

    Agency Fee:   $25

    Due:   September 30 of each year.

    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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