by Richard R. Hammar, J.D., LL.M., CPA

Regulation of Charitable Solicitations

§ 9.02
Key point 9-02. Several states have enacted laws regulating the solicitation of charitable contributions. These laws generally do apply to solicitations of contributions by churches from their members. However, in some cases, they may apply to churches that use professional fundraisers, or that actively solicit contributions from nonmembers.
1. State Charitable Solicitation Laws

Several states have enacted laws regulating the solicitation of charitable contributions. The purpose of such laws is "to protect the contributing public and charitable beneficiaries against fraudulent practices in the solicitation of contributions for purportedly charitable purposes." [20] Larson v. Valente, 456 U.S. 228 (1982).

The typical statute requires designated charitable organizations to register with a state agency prior to the solicitation of contributions within the state, and imposes various reporting requirements. ...

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