North Dakota Sec. of State General Web site: http://www.nd.gov/sos/nonprofit/charitableorg/index.html
Charitable Organization Registration Statement: http://www.nd.gov/eforms/Doc/sfn11300.pdf
What is a Charitable Organization?
“Charitable organization” means:
A person that engages in or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or a person soliciting contributions within the state for a parent charitable organization. The registration of a charitable organization grants the right to hire a professional fundraiser until September 1 of that year.
If a charitable organization is unsure whether it must register with the Sec. of State office, the organization should discuss the laws with its legal advisor.
The term “charitable organization” does not include:
- An organization that solicits funds for an institution of higher learning.
- An organization that uses only volunteer unpaid fundraisers and that solicits funds for a political subdivision or other government entity or for a civic or community project in which the contributions received are used solely for the project and none of the contributions inure to the benefit of any individual.
- A private or public elementary or secondary school.
- A charitable organization or person that solicits contributions for any person specified by name at the time of the solicitation if all the contributions received are transferred within a reasonable time after receipt to the person named or that person’s parent, guardian, or conservator with no restriction on their expenditure and with no deduction.
- A religious society or organization that is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii)[26 U.S.C. 6033(a)(2)(A)(i) and (iii)] and Internal Revenue Code section 6033(a)(2)(C)(i)[26 U.S.C. 6033(a)(2)(C)(i)]
- Any candidate for national, state, or local elective office or political party or other committee required to file information with the Federal Election Commission, a state election commission, or an equivalent office or agency.
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