Virginia Fundraising Registration Requirements

Virginia State Fundraising Registration

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.


Virginia 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


Virginia Charitable Organization Registration

Agency:   Virginia Office of Charitable and Regulatory Programs (OCRP)

Law:   Virginia Code Annotated §57-48 thorugh 57-61.1; Virginia Administrative Code, Title 2, §5-610-10 through 5-610-40. Virginia Solicitation of Contributions Law

Foreign Qualification is Prerequisite:  No

Registered Agent (Special Agency) Required? Yes

Automatic Exemption

Exemption Eligible Organizations:

  • Churches and associations of churches
  • 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
  • Civic organizations as defined in § 57-48
  • 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
  • Form: Form 100: Virginia Exemption Application for Charitable or Civic Organization 

    Agency Fee:  $10

    Law:   VA Code § 57-60

    Notes:   Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.

    Initial Registration

    Form:   Form OCRP-102: Registration Statement for a Charitable Organization

    Instructions:   Is Your Registration Statement for a Charitable Organization (Form 102) Complete?

    Filing Method:   Mail

    Agency Fee:   $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.


    - How to Apply -

    Domestic Applicants:

    1. File entity formation documents with Virginia State Corporation Commission.

    2. Submit a Registration Statement for a Charitable Organization and all required attachments to the Virginia Office of Charitable and Regulatory Programs (OCRP).


    Foreign Applicants:

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

    2. File foreign qualification documents with Virginia State Corporation Commission.

    3. Submit a Registration Statement for a Charitable Organization and all required attachments to the Virginia Office of Charitable and Regulatory Programs (OCRP).


    - Required Attachments -

  • Either IRS form 990 or audited financials
  • Articles of incorporation
  • Bylaws
  • List of officers and directors
  • Either IRS determination letter or IRS form 1023
  • Professional fundraising contracts
  • Trust the #1 Choice for State Charitable Registration
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    Registration Renewal

    Form:   Form OCRP-102: Registration Statement for a Charitable Organization (Renewal)

    Filing Method:   Mail

    Agency Fee:   $30-325 depending on gross contributions

    Due:

  • 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
  • Change of Fiscal Year

    Form:   Form OCRP-102: Registration Statement for a Charitable Organization

    Agency Fee:  Varies

    Notes: 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.


     
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    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.


     
    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


    Virginia Charitable Gift Annuity Registration

    NOT REQUIRED

    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


     
    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



    Virginia Professional Fundraising Counsel Registration

    "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.

    Agency:   Virginia Office of Charitable and Regulatory Programs (OCRP)

    Registered Agent (Special Agency) Required?   Yes

    Initial Registration

    Form: Form 103: Professional Fundraising Counsel Registration

    Agency Fee:   $100

    Notarize: Required

    Registration Renewal

    Form: Form 103: Professional Fundraising Counsel Registration (Renewal)

    Agency Fee:   $100

    Due:   Annually by the registration anniversary date.

    Notarize: Required

    Contract Filing

    Agency Fee:   $0

    Due:   File a copy of the contract for each solicitation campaign at least 10 days prior to commencement of the contract.



    Virginia Professional Solicitor Registration

    "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.

    Agency:   Virginia Office of Charitable and Regulatory Programs (OCRP)

    Bond Requirements: $20,000

    Initial Registration

    Form: Form 104: Professional Solicitor Registration

    Agency Fee:   $500

    Original Ink: Not required

    Notarize: Not required

    Before you Apply:

  • 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
  • Registration Renewal

    Form: http://www.vdacs.virginia.gov/food-charitable-solicitation.shtml

    Agency Fee:   $500

    Due: Annually by the registration anniversary date.

    Contract Filing

    Form: Form 120: Solicitation Notice and Form 121: Consent to Solicit

    Agency Fee:   $0

    Due: File a solicitation notice for each solicitation campaign at least 10 days prior to commencement of the contract.

    Financial Reporting

    Form: Form 130: Final Accounting Report

    Agency Fee:   $0

    Due: Within 90 days after a campaign has ended and within 90 days after the anniversary of commencement for campaigns lasting more than a year.




    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.


     
    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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