State Charitable Solicitation Statutes: Everything You Wanted to Know But Were Afraid to Ask

State Charitable Solicitation Statutes: Everything You Wanted to Know But Were Afraid to Ask

Wednesday, October 16 | 1:30 PM – 3:00 PM | Webinar

Presented by: Karl Emerson, Esq., and Don Kramer, Esq., Montgomery McCracken

Moderated by: Tish Mogan, Standards for Excellence Consultant, PANO

Offered in Partnership with: Nonprofit Issues

*CPE & CLE credits are available for this program for accountants and lawyers; to receive credit you must register through Nonprofit Issues.

Most charities that seek contributions nationally are required to register in 38 states and the District of Columbia before starting to solicit. What about for-profit fundraisers? Are they required to register and file their contracts and other documentation in some states?

Since many states are increasing their enforcement efforts to ensure that charities and fundraisers are complying with initial and annual registration requirements, it's important that charities and fundraisers abide by these statutes—especially since noncompliance can result in the imposition of significant fines and penalties.

In this webinar, co-presented by Karl Emerson, Esq., Partner at Montgomery McCracken and former Director of the Bureau of Charitable Organizations of Pennsylvania and Don Kramer, Editor and Publisher of Nonprofit Issues, will answer the following questions (and more!):

• What does it mean to “solicit”? What is a “charitable contribution”?
• What is a “charitable organization”?
• If your organization has a “Donate Now” button on its website, does that mean that you have to register solicit charitable contributions in all 38 states and the District of Columbia that have charitable solicitation registration requirements?
• Who is excluded or exempted from registration requirements?
• What about professional fundraising counsel or professional solicitors?
• What does registration involve? A complete Schedule B to your Form 990?
• What is California doing about registration for crowdfunding?
• How much trouble can you get in if you don’t follow the rules?

Whether you are a nonprofit executive, board member, lawyer or accountant, knowing the intricacies of state charitable solicitation registration statutes are relevant to everyone.

Program materials will include an extensive review of the statutes and their provisions, plus a copy of the Uniform Registration Statement for multi-state filings. Materials will be forwarded prior to the webinar.

*CPE & CLE credits are available for this program for accountants and lawyers; to receive credit you must register through Nonprofit Issues.

Single Login Cost:
$45 per person for PANO Members | $100 per person for Not-Yet Members

Terms of Participation
Your purchase entitles you to a single login. Please do not share the login information with others, as it may interfere with your ability to join. If multiple individuals from your organization would like to view the webinar, please purchase separate tickets for each person or consider a group screening ticket (below).

Group Screening Cost (4-10 individuals):
$150 per group for PANO Members | $333 per group for Not-Yet Members

Terms of Participation
If you have 4-10 individuals interested in viewing the webinar, please have one person register selecting the group ticket. You can then enter the names and email addresses of up to 10 individuals to add to your group ticket.

This option makes the most sense when you have 4-10 individuals interested in viewing the webinar. For fewer than 4 attendees, a single login ticket for each person is the most cost-effective option. For more than 10 attendees, please email Christina at christina@pano.org to discuss options.

Materials & Login/Call-In Instructions:
Materials (PowerPoint and other handouts), along with instructions on how to login and call-in, will be emailed to attendees a few days prior to the date of the webinar. PANO uses Zoom as our webinar platform; you can familiarize yourself with Zoom and/or join a test meeting prior to these sessions.

Can’t attend? All webinar registrants will receive a recording of the webinar following the live session!

About the Facilitators

Karl E. Emerson, Partner, Montgomery McCracken

Karl E. Emerson provides legal counsel and advice to nonprofit organizations, including advising charitable organizations and their fundraisers on compliance with state charitable solicitation statutes, conducting charitable organization compliance assessments, and conducting internal investigations for charitable and other tax-exempt organizations.

Prior to joining Montgomery McCracken, Karl served as director of the Pennsylvania Bureau of Charitable Organizations where he was responsible for administering and enforcing Pennsylvania's charitable solicitation law. Under his direction, the number of registered organizations increased from approximately 3,700 to more than 9,800. He streamlined and eliminated cumbersome registration procedures and policies, implemented the first electronic registration system in the country and set up a Special Investigation and Audit Unit that pursues fraud and other abuses in the nonprofit sector. He worked closely with state and federal law enforcement agencies as well as foreign law enforcement agencies on several terrorist financing cases.

Donald W. Kramer, Partner, Montgomery McCracken

Donald W. Kramer serves as chair of Montgomery McCracken’s Nonprofit practice group.

Don has more than 45 years of experience dealing with the concerns of nonprofit organizations, not only as a lawyer, but also as a teacher, writer, publisher, and board member. He has worked with nonprofits of all types and sizes, helping structure startup situations and restructure multiorganizational health and educational systems. He counsels on a wide range of nonprofit corporate structure and governance, private and community foundations, continuing care retirement communities, exempt organization taxation, low-income housing tax credit transactions, real estate, charitable giving, and other nonprofit issues.

Don has provided legal services to The Philadelphia Foundation for more than 40 years.

Don serves as the editor and publisher of Don Kramer’s Nonprofit Issues®, a national newsletter of “Nonprofit Law You Need to Know,” which he founded in 1989.

Prior to joining Montgomery McCracken in 1972, Don served as deputy development coordinator and assistant to the mayor of Philadelphia.