If your nonprofit plans to ask Coloradans for money, Colorado charitable solicitation registration is a prerequisite: you file a registration statement with the Secretary of State, pay a $10 fee online, and get confirmation before you make a single ask. The rule applies whether you are based in Denver or Dallas, and it covers mail, phone, email, online ads, and in-person appeals aimed at people in the state.1Colorado Secretary of State. Instructions for Registering as a Charitable Organization
Who Has to Register
Colorado’s Charitable Solicitations Act requires every charitable organization that intends to solicit contributions in Colorado, have contributions solicited on its behalf, or participate in a charitable sales promotion to file a registration statement with the Secretary of State before any of that activity begins.2Justia. Colorado Code 6-16-104 – Charitable Organizations – Initial Registration – Annual Filing – Fees Location is irrelevant. A Texas charity mailing fundraising letters to Denver households or running online ads targeted at Colorado residents has the same obligation as a locally based nonprofit.1Colorado Secretary of State. Instructions for Registering as a Charitable Organization
Multi-chapter nonprofits need to pay attention here. Each chapter, branch, or affiliate must either file its own separate registration or be included on a consolidated statement filed by the parent organization.2Justia. Colorado Code 6-16-104 – Charitable Organizations – Initial Registration – Annual Filing – Fees A national-level filing does not automatically cover a Colorado chapter’s local fundraising.
Who Is Exempt
Several categories of organizations are excused from registering, though none of them get a pass on deceptive fundraising rules. The Secretary of State’s office recognizes these exemptions:3Colorado Secretary of State. Charities and Fundraisers FAQs – Registration
- Charities that neither intend to nor actually receive more than $25,000 in gross revenue during a fiscal year. Government grants and grants from 501(c)(3) organizations do not count toward that number.
- Organizations that receive contributions from no more than ten people during a fiscal year.
- Churches and entities defined as churches for federal tax purposes, including interchurch organizations, church conventions, integrated auxiliaries, exclusively religious activities of religious orders, certain mission societies, and church-affiliated schools below the college level. A religious organization that files a Form 990 with the IRS does not qualify for this exemption and must register.
- Political parties, candidates for federal or state office, and political action committees that already file disclosures with election commissions.
- Individuals soliciting for the direct benefit of a specific named person, which Colorado treats as a private gift.
- Organizations that only collect bona fide dues or assessments from existing members, as long as membership is not given mainly as a reward for donating.
- Businesses running “portion of proceeds” promotions. The business itself does not have to register, but the partner charity still does.
The $25,000 threshold is the one that catches the most organizations off guard. Gross revenue means everything coming in before expenses, with only government and 501(c)(3) grants excluded. Cross the line by any amount and the exemption disappears for that fiscal year.3Colorado Secretary of State. Charities and Fundraisers FAQs – Registration
Extra Step for Out-of-State Nonprofits
If your organization is incorporated outside Colorado, you have to file a Statement of Foreign Entity Authority (SOFEA) with the Secretary of State before you can register for charitable solicitation.1Colorado Secretary of State. Instructions for Registering as a Charitable Organization The SOFEA establishes your legal presence in the state; the charitable registration cannot go through until that business filing is in place. Colorado-domiciled nonprofits satisfy the equivalent requirement through their articles of incorporation.
Paid Solicitors and Fundraising Consultants Register Separately
The registration rules reach past the charities themselves. If you hire someone to directly ask people for donations on your behalf, that paid solicitor must register with the Secretary of State before conducting any solicitation in Colorado.4Justia. Colorado Code 6-16-104.6 – Paid Solicitors – Annual Registration – Filing of Contracts – Fees They also have to post a $15,000 surety bond before the state will approve the registration.5Colorado Secretary of State. Surety Bond Requirement for Paid Solicitors Every contract between a paid solicitor and a charity has to be in writing, signed by a member of the charity’s governing body, and made available to the Secretary of State on request. At least fifteen days before a campaign starts, the paid solicitor must also file a solicitation notice describing the methods, timeline, and purpose.
Professional fundraising consultants who will have custody or control of contributions during a campaign also have to register.3Colorado Secretary of State. Charities and Fundraisers FAQs – Registration Consultants who only advise on strategy and never touch donor money are not required to register. The line matters, because plenty of fundraising firms do both.
What the Initial Filing Requires
The registration statement is filed online through the Secretary of State’s portal and asks for a detailed snapshot of your organization:2Justia. Colorado Code 6-16-104 – Charitable Organizations – Initial Registration – Annual Filing – Fees
- Your legal name, any names you use when soliciting, and the charitable purpose you were organized for.
- The address and phone number of your principal office and any Colorado offices. If you have no Colorado office, you provide contact information for whoever keeps your financial records.
- Names of all officers, directors, trustees, and executive personnel.
- Where and when the organization was legally established, its organizational form, and its tax-exempt status.
- A financial report for the most recently completed fiscal year, either on a form the Secretary of State prescribes or a copy of your federal Form 990 with all schedules except donor lists.
- The last day of your fiscal year.
An officer has to sign the statement under penalty of perjury. New organizations without a completed fiscal year submit good-faith estimates for the current year and amend the filing once actual numbers are available.2Justia. Colorado Code 6-16-104 – Charitable Organizations – Initial Registration – Annual Filing – Fees
The initial registration fee is $10, paid online during the electronic filing.6Colorado Secretary of State. Charities and Fundraisers Fee Schedule Amendments filed within 30 days of the original filing are free.7Colorado Secretary of State. Charities and Fundraisers FAQs – Fees and Payment The cost is rarely the obstacle; gathering the financial data and leadership details is.
Annual Renewal
Registration is not a one-time filing. Every registered charity has to file an annual renewal and financial report by the 15th day of the fifth month after the close of its fiscal year, the same schedule the IRS uses for Form 990.8Colorado Secretary of State. Instructions for Annual Renewal For a calendar-year organization that works out to May 15.9Legal Information Institute. 8 CCR 1505-9-5 – Filing Deadlines and Extension of Filing Deadlines The renewal updates the state on total revenue, program spending, and any changes in leadership.
Colorado grants an automatic three-month extension on the renewal deadline. If you need the full six months to line up with an IRS extension, you have to file a separate extension request through the Secretary of State’s website, because the automatic extension covers only three months.10Colorado Secretary of State. Instructions for Requesting an Extension With both extensions in place, the financial report is due on the 15th day of the eighth month after the fiscal year ends.
What Happens If You Miss a Deadline or Skip Registration
Extension requests have to be filed no later than the 17th day after the registration expires. Miss that window and the registration lapses, and you will owe late fees to reinstate it.10Colorado Secretary of State. Instructions for Requesting an Extension Paid solicitors face their own penalty schedule: starting on the 18th day after a campaign report is due, a $50 fine accrues every 15 days, up to $200 per overdue report.7Colorado Secretary of State. Charities and Fundraisers FAQs – Fees and Payment
Soliciting without registering is a bigger problem. Under the Charitable Solicitations Act, knowingly soliciting while in violation of the registration requirements is a class 2 misdemeanor, and the charge escalates to a class 5 felony when it involves three or more contributors in a single campaign. Using another organization’s name without permission, assuming a false identity, filing false information, or running a fraudulent solicitation scheme is a class 5 felony on its own. The Attorney General, the Secretary of State, and local district attorneys share enforcement authority, and the Attorney General can pursue injunctive relief, restitution, and civil penalties of up to $2,000 per violation.
Your Federal 990 Status Matters
Because the Colorado renewal deadline is pinned to the Form 990 schedule, the two filings are tightly linked. Any tax-exempt organization that fails to file its federal return for three consecutive years automatically loses its tax-exempt status. There is no warning letter and no grace period. Contributions stop being tax-deductible and the organization may owe corporate income taxes going forward.11Internal Revenue Service. Automatic Revocation of Exemption for Non-Filing – Frequently Asked Questions The IRS notes that automatic revocation can affect state-level exemptions as well, which means a lapse at the federal level can create a cascading problem for your Colorado registration.