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:
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CA — current filing plus up to two years of back filings and annual fees if you solicited in those years
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DC — certificate of authority annual reports and late fees as far back as 1963 (in addition to the $80/biennial back filing fee, there is a $50/biennial filing late fee for 1998-present, $65/year late fee 1963-1997)
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IL — $200 penalty fee, plus up to two years of back filings if solicited in those years, plus annual fee and $100 late fee for each filing
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MA — current filing plus up to three years of back filings and annual fees if you solicited in those years
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NM — current filing plus up to 10 years of back filings and fines of $100 per year if you solicited in those years (not currently being enforced)
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OH — $200 per year for up to three years of violations
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PA — $25 per month fine beginning with the month of first solicitation, to a max of $600
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RI — $300 fine (not currently being enforced)
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.