A professional fundraiser is any person who, for compensation or profit, performs for a charitable organization any service in connection with which contributions are, or will be, solicited. This includes any person who plans, manages, advises, consults, or prepares material for or with respect to the solicitation of contributions. Minnesota law prohibits any person or entity from acting as a professional fundraiser unless registered with the Minnesota Attorney Generalâ??s Office. Requirements for All Professional Fundraisers
Annual Registration. All professional fundraisers must register with the Attorney Generalâ??s Office. To register, professional fundraisers must submit a registration statement under oath and pay a $200 fee. If the fundraiser will have access to or custody of contributions, it must also submit a $20,000 surety bond. The registration statement and surety bond (if applicable) must be submitted annually, as these documents expire on April 30 each year. A $300 late fee may be assessed if the materials are submitted after the April 30 due date, are incomplete, or are otherwise noncompliant. As part of registering, a professional fundraiser must enter into and file copies of all contracts (including any exhibits, schedules, and attachments) with each charity with which it has a relationship. If a professional fundraiser enters into a contract with a charity after registering, it must promptly submit a copy of the contract to the Attorney Generalâ??s Office. The required registration forms can be downloaded using the below links:
Professional Fundraiser Registration Statement
Professional Fundraiser Bond
Professional Fundraiser Bond Continuation Certificate
Additional Requirements for Soliciting Professional Fundraisers
Professional fundraisers that are involved in soliciting contributions in Minnesota mustâ??in addition to registering annually as described aboveâ??also submit a â??Solicitation Noticeâ? and a â??Solicitation Campaign Financial Reportâ? for each solicitation campaign they conduct on behalf of a charity.
Solicitation Notice. Soliciting professional fundraisers should submit a Solicitation Notice prior to beginning solicitation activities for the charity. The professional fundraiserâ??s contract with the charity should accompany every Solicitation Notice. Unlike contracts between consulting professional fundraisers and charities, a contract between a soliciting professional fundraiser and a charity must disclose the percentage or a reasonable estimate of the percentage of the total amount solicited to be received by the charity. The charity for which the professional fundraiser is soliciting must provide written authorization from two officers of the charity authorizing the professional fundraiser to act on its behalf. The charity also must certify that the Solicitation Notice and accompanying materials are true and complete. This Solicitation Notice can be downloaded using the below link:
Professional Fundraiser Solicitation Notice
Solicitation Campaign Financial Reports. Soliciting professional fundraisers must file Solicitation Campaign Financial Reports no later than 90 days after the completion of a solicitation campaign or 90 days after the anniversary of a campaign lasting more than a year. A $300 late fee may be assessed if a report is submitted after the due date, is incomplete, or is otherwise noncompliant. The required Solicitation Campaign Financial Report can be downloaded using the below link:
Professional Fundraiser Solicitation Campaign Financial Report
A professional fundraiserâ??s Solicitation Notice, Solicitation Campaign Financial Reports, and related materials must be complete and accurate. Professional fundraisers that fail to properly register or fail to provide complete and accurate information to the Attorney Generalâ??s Office may be in violation of Minnesota law.
How to Register and Report
Electronic Filing of Documents. Professional fundraisers may register and make all required filings by email. Professional fundraisers may submit required materials to the Attorney Generalâ??s Office at charity.registration@ag.state.mn.us. All materials submitted via email must be in PDF format and the subject line of the email must contain the professional fundraiserâ??s legal name. Emails not following these requirements may not be properly processed, which could result in noncompliant registration and reporting.
Electronic Payment of Fees. Professional fundraisers may pay all required fees, including any late fees, electronically using the Attorney Generalâ??s Officeâ??s Electronic Payment of Fees webpage. This electronic payment system has a self-directed, step-by-step process allowing professional fundraisers to pay fees via credit or debit card through a dedicated webpage operated by U.S. Bank. Please note there is a nonrefundable processing fee charged by U.S. Bank for professional fundraisers who choose to pay required fees electronically.
Submissions/Payments by Mail. If professional fundraisers prefer, they may submit required materials by mail and pay required fees by check. Checks should be made payable to the â??State of Minnesota.â? Required documents and payments should be mailed to the following address:
Minnesota Attorney Generalâ??s Office
Charities Division
445 Minnesota Street, Suite 1200
St. Paul, MN 55101
Professional fundraisers may contact the Minnesota Attorney Generalâ??s Office at 651-757-1496 or 800-657-3787 with any questions about registration and reporting.
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