State Late Fees at Initial Fundraising Registration
It’s the Solicitation—Not the Donation—That Triggers Fundraising Registration Requirements
Almost every state requires that you declare, on first filing, the date (month and year is close enough) on which your organization first solicited residents of that state. Your President and/or Treasurer of the Board will sign that initial application. Many states include the phrase “under penalty of perjury” and require signatures be notarized. The date and its sworn affirmation become part of the public record.
States that currently impose fines and/or back filing requirements upon initial registration often include: CA, DC, IL, MA, NM, OH, PA, and WI. In brief these are their requirements:
It doesn't hurt to ask the reviewing regulator to waive these fines and/or back filing requirements, but organizations should be prepared to pay for not having previously registered in advance of soliciting for donations, as required by law with each state, and do the work to come into compliance.
Note, different late fees often apply when filing renewals. In the event an organization was previously registered and failed to maintain that registration, different fees and filing requirements by the states will apply.
This list is accurate as of October 6, 2021.