State Late Fees at Initial Fundraising Registration
It's the Solicitation, Not the Donation
Almost every state requires that you declare, on first filing, the date on which your organization first solicited residents of that state. It’s this solicitation, not a donation, that triggers fundraising registration requirements. This solicitation date, and a sworn affirmation, become part of the public record for all potential donors to see.
States that currently impose fines and/or back filing requirements upon initial registration often include: CA, DC, IL, MA, NM, OH, PA, and RI. In brief, their requirements are listed below.
Unsure how to proceed with your filings? Affinity offers three service levels of assistance, to fit your needs.
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CA — current filing plus two years, or more, 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, fines of $100 per year, if you solicited in those years (commonly enforced if a renewal filing is skipped)
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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 (up to regulator's discretion)
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 September 1, 2023.