• 44 states require paid solicitors to be licensed. • 38 require paid solicitors to obtain surety bonds. • 14 states require individual solicitors to be licensed. • 43 states require a commencement or notice of intent to be submitted and approved by the state agency. • 43 states require contract amendment or extensions. • 35 states require financial reports.
Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities
Virginia 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.
Charitable Gift Annuity licensure is not required on the State level in Virginia.
No filing is required, but charities need to meet certain conditions before issuing charitable gift annuities. Organizations described by section 501(c)(3) or section 170(c) of the internal revenue code are exempt from insurance regulation related to charitable gift annuities as long as they meet the qualifying conditions.
Law:
VA Code § 38.2-106.1 and VA Code § 38.2-3113.2
Virginia Charitable Organization Registration
Agency:
Virginia Office of Charitable and Regulatory Programs (OCRP)
Political parties or political campaign committees
One-Time Exemption Registration
Exemption Eligible Organizations:
Educational institutions that are accredited by the Board of Education, by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, the Association Montessori Internationale, the American Montessori Society, the Virginia Independent Schools Association, or the Virginia Association of Independent Schools, any foundation having an established identity with any of the aforementioned educational institutions, and any other educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families
Persons requesting 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 his use
Charitable organizations that do not intend to solicit and receive, during a calendar year, and have not actually raised or received, during any of the three next preceding calendar years, contributions from the public in excess of $5,000, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member
Organizations that solicit only within the membership of the organization by the members thereof
Organizations that have no office within the Commonwealth, that solicit in the Commonwealth from without the Commonwealth solely by means of telephone or telegraph, direct mail or advertising in national media, and that have a chapter, branch, or affiliate within the Commonwealth that has registered with the Commissioner
Organizations that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and that are organized wholly as Area Health Education Centers in accordance with § 32.1-122.7
Health care institutions defined herein as any facilities that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, and that are (i) licensed by the Department of Health or the Department of Behavioral Health and Developmental Services; (ii) designated by the Health Care Financing Administration (HCFA) as federally qualified health centers; (iii) certified by the HCFA as rural health clinics; or (iv) wholly organized for the delivery of health care services without charge; and any supporting organization that exists solely to support any such health care institutions. For the purposes of clause (iv), "delivery of health care services without charge" includes the delivery of dental, medical or other health services where a reasonable minimum fee is charged to cover administrative costs
Agencies providing or offering to provide debt management plans for consumers that are licensed pursuant to Chapter 20 (§ 6.2-2000 et seq.) of Title 6.2
Agencies designated by the Virginia Department for Aging and Rehabilitative Services pursuant to subdivision A 6 of § 51.5-135 as area agencies on aging
Labor unions, labor associations and labor organizations that have been granted tax-exempt status under § 501(c)(5) of the Internal Revenue Code
Trade associations that have been granted tax-exempt status under § 501(c)(6) of the Internal Revenue Code
Organizations that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and that are organized wholly as regional emergency medical services councils in accordance with § 32.1-111.4:2
Nonprofit organizations that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and that solicit contributions only through (i) grant proposals submitted to for-profit corporations, (ii) grant proposals submitted to other nonprofit organizations that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, or (iii) grant proposals submitted to organizations determined to be private foundations under § 509(a) of the Internal Revenue Code
Organizations whose solicitations are confined to five or fewer contiguous cities and counties
Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.
Required Attachments:
Listing of current officers, directors, trustees, and principal salaried executive staff officers, including their names and addresses. Ensure the officers who signed the Form 100 and the financials are listed.
Signed copy of the previous fiscal year’s Form 990, Form 990EZ, Form 990PF (IF YOU E-FILED the Form, you may attach a copy of the IRS receipt of e-filing to the Form in lieu of a signature) or audited financial statements.
If the organization is incorporated, a copy of the certificate of incorporation, articles of incorporation and amendments.
A Certificate of Good Standing is not accepted. If unincorporated, provide any other governing documents.
A copy of any bylaws and amendments.
If the organization is listed with the IRS as tax-exempt, attach a copy of the IRS Determination letter and any subsequent modifications. If tax-exemption is pending, attach a copy of the completed IRS application form, as filed with the IRS.
Category A:
If a bona fide educational institution; a copy of the accreditation certificate of said institution.
If a foundation that supports an educational institution; a copy of the accreditation certificate of each institution and a letter from the head of the educational institution which states that the institution recognizes and corroborates the established identity;
Other educational institution; samples of the solicitation materials or an outline of the fundraising plan.
Category B:
Copy of the trust agreement or similiar document.
Category C:
Copy of the budget, signed and ratified by the board of directors, for the current calendar year, and copies of the treasurer's report, signed and certified, for the three previous calendar years (or years of existence)
Category D:
Copies of any membership recruitment correspondence, for the past two mailings.
Category E:
No additional documents are required.
Category F:
Copy of each local solicitation permit and/or list of county officers spoken with if no permit is required by the county/independent city.
Category G:
No additional documents are required.
Cateogry H:
Only one is applicable
Copy of the license issued by the State Department of Health or by the State Department of Behavioral Health and Developmental Services; 1. Copy of the license issued by the State Department of Health or by the State Department of Behavioral Health and Developmental Services; 2. Documentation of designation by Centers for Medicare and Medicaid Services (CMS) as a federally qualified health center designation;3. Copy of CMS issued rural health clinic certificate. 4. Copy of free clinic’s purpose as stated in governing documents. 5. For supporting organization’s – copy of health care institution’s documentation as specified in above list, and a letter from the health care institution’s president, or head by whatever name, acknowledging the supporting organization exists solely to support the health care institution. If more than one institution is supported, this documentation is required for each institution.
Category I:
Copy of nonprofit debt counseling license issued by the VA State Corporation Commission
Category J:
Copy of the agreement between the organization and the VA Dept for Aging & Rehabilitative Services which designates the organization as an area agency on aging.
Category K:
Copy of IRS Determination Letter showing 501(c)6 determination. Listing of member organizations, if applicable.
Category L:
Copy of IRS Determination Letter showing 501(c)5 determination.
Category M:
Copy of IRS Determination Letter showing 501(c)3 determination.
Copy of the Consortium letter issued by the Program.
Category N:
Copy of IRS Determination Letter showing 501(c)3 determination.
Copy of the designation letter issued by the Commissioner of Health.
Category O:
Copy of IRS Determination Letter showing 501(c)(3) determination.
$100 initial registration fee + $30-325 annual fee depending on gross contributions (organizations with no financial history are exempt from the annual fee)
Turnaround:
4-6 months
Original Ink:
Required
Notes:
File the original - copies are not allowed.
The CFO and President must sign.
Some Virginia 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 Virginia.
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 Virginia.
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 Virginia, obtain a certified copy of your articles of incorporation and all amendments from your home state to submit during the foreign qualification process. The certified copy cannot be more than 1 year old when filing foreign qualification documents.
Submit a Registration Statement for a Charitable Organization and all required attachments to the Virginia Office of Charitable and Regulatory Programs (OCRP).
Foreign Applicants:
Determine whether or not your charity will need to foreign qualify based on your activity in Virginia. If not required, skip to number 3.
Submit a Registration Statement for a Charitable Organization and all required attachments to the Virginia Office of Charitable and Regulatory Programs (OCRP).
Annually within 4.5 months after the close of your fiscal year. So if your fiscal calendar ends December 31, then 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 emailing your request to ocarpunit.vdacs@vdacs.virginia.gov.
Original Ink:
Required
Penalties:
There is a late fee of $100 for registrations that have lapsed.
Notes:
File the original - copies are not allowed.
The CFO and President must sign.
Attach your annual financial report.
Required Attachments:
IRS form 990
List of officers and directors
Professional fundraising contracts
Only if amended: IRS determination letter, articles of incorporation, and bylaws
Indicate change of fiscal year on the form and submit the financial statement reflecting the new fiscal year.
Cancellation
Agency Fee:
$0
Notes:
To close out your registration, send a letter stating that the organization is ceasing their solicitation in Virginia and attach a copy of the most recently completed financial statement. If the organization is dissolving, send a certificate of dissolution and the latest financial statement.
Virginia Commercial Co-Venturer Registration
Not required
Commercial Co-venturer licensure is not required on the State level in Virginia.
Virginia 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.
"Professional fund-raising counsel" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a registered or exempt charitable organization or the bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional fund-raising counsel.
Virginia Professional Fundraising Counsel Registration
Agency:
Virginia Office of Charitable and Regulatory Programs (OCRP)
File a copy of the contract for each solicitation campaign at least 10 days prior to commencement of the contract.
"Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or civic organization and are engaged in the solicitation of contributions under the direction of such person or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. A bona fide salaried officer or employee of a registered or exempt charitable organization or a bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional solicitor.
Virginia Professional Solicitor Registration
Agency:
Virginia Office of Charitable and Regulatory Programs (OCRP)
Name and address of designated agent for receipt of process (e.g., registered agent or other officer) within the Commonwealth of Virginia
Provide information about whether any of the members, partners, officers, directors or executive personnel of the professional solicitor filing this registration also members, partners, officers, directors or executives of, or otherwise associated with, any civic or charitable organization with which this professional solicitor has contracts?
Pursuant to §57-61.F of the Code of Virginia, report whether the professional solicitor filing this registration maintained, during each solicitation campaign and for not less than 3 years afterward (or for the length of time since formation if less than 3 years), the following records
Required Attachments:
Please attach a list of officers and directors if the organization is a corporation or the names of the partners or principal owner and executive personnel if it is a partnership or sole proprietorship.
Attach a list with the full names and home addresses of all individuals employed by the organization to supervise the solicitation of contributions occurring in Virginia
Within 90 days after a campaign has ended and within 90 days after the anniversary of commencement for campaigns lasting more than a year.
Individual Licenses
Virginia Individual Nonprofit & Fundraising Licenses
Virginia Individual Professional Fundraiser Registration
Not required
Professional Solicitor licensure is not required on the State level in Virginia.
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 Virginia.
