If your New York nonprofit is fundraising in New York, then you may likely need to register with the New York Attorney General’s office. Before soliciting contributions from individuals, foundations, corporations or government agencies within New York, a New York nonprofit must register with the NY Attorney General’s General Charities Bureau, unless it falls within one of the many exceptions:
Exceptions to the New York Nonprofit Filing Requirements
- Religious organizations or other organizations with a religious purpose (i.e., a religious school);
- Educational institutions that solicit contributions only from alumni, the student body, faculty, trustees and their families, and other educational organizations that report to or are chartered by the Board of Regents of the State University of New York are exempt;
- PTAs (Parent-Teacher Associations);
- Fraternal, patriotic, social or alumni membership organizations that limit their solicitations to its membership;
- Law enforcement support groups, veterans organizations, and volunteer firefighter/volunteer ambulance service organizations;
- Any other organization that (a) does not use professional fundraisers in New York; and (b) its gross contributions (which includes contributions and grants, but excludes membership dues) from New York of less than $25,000 per year are exempt.
If your New York nonprofit does not fall within any of the above exceptions, then your New York nonprofit must file a CHAR410 application with the NY State Department of Law Charities Bureau Registration section, along with accompanying documents.
Like most nonprofit filings, it is advisable for your New York nonprofit to consult an experienced New York attorney to determine whether you must register, and to handle the filing and registration.
Once filed and registered, you do not have to renew your New York nonprofit’s registration – in most cases. If your New York nonprofit is serious about fundraising legally in New York, it should consult an attorney to determine when and if you need to register with the NY Charities Registration Bureau.