• 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
Wisconsin 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.
A person that is exempt from filing a federal annual information return under section 6033 (a) (3) (A) (i) and (iii) and (C) (i) of the Internal Revenue Code
A candidate for national, state, or local office or a political party or other committee or group required to file financial information with the federal elections commission or a filing officer under s. 11.0102 (1)
Charitable organizations which do not intend to raise or actually receive contributions in excess of $25,000 during a fiscal year and all of their functions are performed by volunteers and no assets or income are paid to any officer or member of the charitable organization
A fraternal, civic, benevolent, patriotic, or social organization that solicits contributions solely from its membership
If a charitable organization would otherwise be exempt under par. (a) 3., but it raises or receives more than $25,000, it shall, within 30 days after the date on which its contributions exceed this amount, register as required under sub. (1).
A veterans organization incorporated under ch. 188 or chartered under federal law or the service foundation of such an organization recognized in the bylaws of the organization
A nonprofit, postsecondary educational institution accredited by a regional accrediting agency or association approved under 20 USC 1099b, or an educational institution and its authorized charitable foundations that solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, foundations, and patients
A person soliciting contributions for the relief of a named individual if all contributions, without any deductions, are given to the named individual
Any corporation established by an act of the United States Congress that is required by federal law to submit to Congress annual reports, fully audited by the United States Department of Defense
Note the list of 17 attachments that first-time registrants must attach to the application. This includes disclosing contracts with professional fundraisers.
The Preseident and CFO must sign. Signatures must be notarized.
Some Wisconsin 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 Wisconsin, 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:
File entity formation documents with the Wisconsin Department of Financial Institutions (DFI) - Corporation Section.
Submit a Charitable Organization Registration Application and all required attachments to the Wisconsin Department of Financial Institutions - Division of Banking.
Foreign Applicants:
Determine whether or not your charity will need to foreign qualify based on your activity in Wisconsin. If not required, skip to number 3.
Submit a Charitable Organization Registration Application and all required attachments to the Wisconsin Department of Financial Institutions - Division of Banking.
Required Attachments:
IRS form 990
Audited financials (if applicable)
Charter/Articles of Incorporation/Agreement of Association/Instrument of Trust/other organizational instrument
Bylaws (unless organized as a trust)
IRS determination letter (or IRS form 1023 if exemption is pending)
List of officers and directors
List of persons with final custody of contributions
List of persons responsible for final distribution of contributions
List of states where you currently have a Charitable Organization license (met if provided on IRS 990)
Form #2252 or similar for officers/exec. personnel convicted of a misd./felony/pending charges (if applicable)
Explanation statement for any denied/revoked registrations or pending proceedings (if applicable)
Explanation statement if ever enjoined from soliciting contributions or any pending proceedings (if applicable)
Professional fundraiser or fundraising counsel contracts
Certificate of Incorporation (foreign applicants only)
A certificate of good standing (foreign applicants only)
List of other states where registered to solicit
Organizations ByLaws
IRS Determination Letter regarding approval of 501(c)3 status if you are tax exempt. A state approval letter is also acceptable.
Provide IRS Form 1023 or 1023EZ if 501(c)3 status is pending
Annually by July 31. An organization that files an initial registration on or after June 1 does not need to renew their registration until the following calendar year. If an initial registration is filed before June 1, renewal must be filed by July 31 of the same calendar year.
Renewals can be filed online as early as June 1.
Due Date Extension:
Wisconsin does not grant extensions for charitable organization registration.
Penalties:
There is a $25 late fee.
Notes:
There are two renewal filings for charitable organizations: charitable registration renewal and charitable organization annual report.
This annual renewal is different than the corporate annual financial report filed with DFI.
The renewal period closes September 30th. After this date, you must file a new initial registration.
You may not file for an extension of the due date.
A full list of the organization’s board of directors, officers and trustees. Please include the individual’s name, address and title.
A list of states that have issued a license, registration, permit or other formal authorization to the organization to solicit contributions.
If applicable:
An audited financial statement conducted according to Generally Accepted Accounting Principles for an organization that has received $500,000 or more in contribution during its fiscal year; OR
A reviewed or audited financial statement conducted according to Generally Accepted Accounting Principles for an organization which has received $300,000 - $499,999 in contributions during the fiscal year
Submit the short year financials during the standard renewal process.
Cancellation
Agency Fee:
$0
Notes:
To close out your registration, send a letter including the charity name, FEIN, date of closure, and reason for closure in writing.
Wisconsin Commercial Co-Venturer Registration
Not required
Commercial Co-venturer licensure is not required on the State level in Wisconsin.
Wisconsin 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.
“Fund-raising counsel" means a person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, solicitation in this state for a charitable organization, but who does not solicit in this state or employ, engage, or provide any person who is paid to solicit in this state. “Fund-raising counsel" does not include any of the following: (a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a contribution. (b) A bona fide employee, volunteer, or salaried officer of a charitable organization.
Wisconsin Fundraising Counsel Registration
Agency:
Wisconsin Department of Financial Institutions (DFI) - Division of Corporate and Consumer Services - Charitable Organizations and Fund Raisers Section
Foreign Qualification is Prerequisite:
Not Set
Bond Requirements:
$20,000
Exam Required?
Not Set
Registered Agent (Special Agency) Required?
Not Set
Automatic Exemption
Agency Fee:
$0
Notes:
Fundraising counsels that do not have custody of contributions may not be required to register. See sections A and B of the Application for Registration as a Fund-Raising Counsel to determine whether or not you will need to register.
Before a fund-raising counsel performs any material services for a charitable organization that is required to be registered, the charitable organization and the fund-raising counsel shall contract in writing, and the fund-raising counsel shall file the contract with the department.
Pursuant to s. 202.11(7), Stats., a professional fund-raiser is a person who, for compensation, solicits in Wisconsin or employs, engages, or provides, directly or indirectly, another person who is paid to solicit. Professional fund-raiser does not include:
an attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a charitable donation a bona fide employee, volunteer, wholly-owned subsidiary, or salaried officer of a charitable organization an employee of a temporary help agency who is placed with a charitable organization a bona fide employee of a professional fundraiser that is registered in Wisconsin
Wisconsin Professional Fundraiser Registration
Agency:
Wisconsin Department of Financial Institutions (DFI) - Division of Corporate and Consumer Services - Charitable Organizations and Fund Raisers Section
Foreign Qualification is Prerequisite:
Not Set
Bond Requirements:
$5,000 for fundraisers that do not have custody of contributions and $20,000 for fundraisers that do have custody of contributions.
A professional fund-raiser is required by ss. 202.14(3) and (4), Stats., to file a completed solicitation notice and copies of all contracts with the department before performing services under a contract with a charitable organization which is required to be registered under s. 202.12(1), Stats. If the applicant does not currently have a contract with a charitable organization that is required to be registered in Wisconsin, please so indicate in the cover letter you submit with the application.
File a solicitation notice prior to the start of the performance of a contract with a charity.
Notes:
The contract must include all of the following:
The name of the professional fund-raiser.
The name of the charitable organization.
The beginning and expiration dates of the contract.
The terms of the contract, including a clear description of the services to be performed by the professional fund-raiser.
A clear statement of the financial arrangement between the professional fund-raiser and the charitable organization, including, if applicable, a statement of all of the following:
The percentage or dollar amount of the total funds collected on behalf of the charitable organization that shall be paid to, or retained by, the charitable organization.
The percentage or dollar amount of the total funds collected on behalf of the charitable organization that shall be paid to the professional fund-raiser or any other person for purposes other than the exclusive benefit of the charitable organization's charitable purposes.
The fixed fee, if any, to be received by the professional fund-raiser.
All contractual expenses to be incurred by the professional fund-raiser but charged to the charitable organization. This list of expenses shall contain specific dollar amounts or projected estimates of these costs.
The costs per unit for the services to be provided and the projected number of units to be provided.
The signature of an owner or principal officer of the professional fund-raiser and the signatures of 2 authorized officers, directors, or trustees of the charitable organization.
Financial Reporting
Agency Fee:
$0
Due:
Within 90 days after the close of a fundraising contract and by the anniversary of the signing of a contract lasting more than 1 year.
Notes:
A final accounting of each fundraising event should be kept for 3 years and presented upon request.
Wisconsin Raffle License
Game Type:
Raffles
Agency:
Wisconsin Division of Gaming - Office of Charitable Gaming
Organization Age Requirement:
3 years of continuous existence immediately preceeding licensure.
Foreign Qualification is Prerequisite:
Not Set
Exam Required?
Not Set
Registered Agent (Special Agency) Required?
Not Set
Initial Registration
Agency:
Wisconsin Division of Gaming - Office of Charitable Gaming
Wisconsin Individual Professional Fundraiser Registration
Not required
Professional Solicitor licensure is not required on the State level in Wisconsin.
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 Wisconsin.
