If your nonprofit plans to ask anyone in New York for money, you almost certainly need to register with the Attorney General’s Charities Bureau first. The New York charitable solicitation registration requirements come from Executive Law Article 7-A and, for organizations that also hold charitable assets, from Section 8-1.4 of the Estates, Powers and Trusts Law. The trigger is low: once your organization takes in more than $25,000 in gross contributions during a fiscal year, registration is mandatory, and the filing has to happen before you solicit, not after the checks arrive.
Who Has to Register
Executive Law Section 172 requires every charitable organization that intends to solicit contributions from people in New York, or from any governmental agency, to file a registration statement with the Attorney General before any solicitation begins. “Solicitation” is read broadly. It covers direct mail, in-person appeals, fundraising events, online donation pages, and grant applications to foundations and government entities.
Organizations that collect less than $25,000 in gross contributions during a fiscal year, and that use no professional fundraisers or fund raising counsel, are exempt from Article 7-A registration. That exemption is not permanent. If your organization crosses the $25,000 line during any fiscal year, you have 30 days from that date to register.
There is a second track that catches many nonprofits by surprise. EPTL Section 8-1.4 requires any trustee holding property for charitable purposes to register separately with the Attorney General within six months of receiving that property. Most incorporated nonprofits that solicit contributions also hold charitable assets, so the Charities Bureau treats them as needing “dual registration” under both Article 7-A and the EPTL. If you’re already registered under Article 7-A, that satisfies the EPTL registration requirement itself, but you still owe the financial reports required under EPTL Section 8-1.4 on top of your Article 7-A filings. The EPTL reporting deadline is the last day of the sixth month after your accounting period ends, which is June 30 for a calendar-year filer.
The dual requirement matters for reasons beyond compliance. Under EPTL Section 8-1.4(s), an organization cannot apply for or receive grants from any New York state department or agency without certifying that it has met all EPTL and Article 7-A registration and reporting obligations. Falling behind on either track can cut off government funding.
How to Register
Initial registration uses Form CHAR410, filed through the Charities Bureau’s online portal. The fee is $25. With the form, you submit:
- Your organizing documents (certificate of incorporation, trust agreement, or equivalent)
- Your bylaws
- Your IRS Form 1023 or 1024 application, if applicable
- Your IRS determination letter
The filing deadline is whichever comes first: 30 days before your first solicitation of contributions from anyone in New York, or six months after receiving any property or income that must be applied to charitable purposes in the state. Missing that deadline means you are soliciting without registration, and Section 174 of Article 7-A deems that a fraud upon the people of the state.
CHAR410 is a one-time filing. Once you’re in the system, the Charities Bureau assigns your organization a registration number and type, and you move to annual reporting.
Annual Reporting on Form CHAR500
Every registered charity files Form CHAR500 each year. The deadline is the 15th day of the fifth month after your fiscal year ends. For calendar-year organizations, that’s May 15. If the deadline lands on a weekend or legal holiday, the filing is due the next business day.
The financial attachments depend on your revenue. Organizations with gross revenue over $1 million must submit audited financial statements prepared by an independent certified public accountant. Your IRS Form 990 or 990-EZ typically accompanies the CHAR500 as the core financial disclosure, since the Charities Bureau relies heavily on 990 data when reviewing charities.
Who Is Exempt
Section 172-a lists the categories of organizations that are excused from Article 7-A registration. The exemptions are narrower than most people assume, so read them against your actual operations rather than your general sense of what your organization is.
- Corporations organized under the Religious Corporations Law, religious agencies, and charities operated or controlled by a religious organization.
- Schools and universities, but only if they limit fundraising to students, alumni, faculty, trustees, and the families of those groups. Soliciting the general public defeats the exemption.
- Schools and museums that file annual financial reports with the Board of Regents or an equivalent agency in another state. EPTL obligations may still apply.
- State and local government bodies and organizations controlled by a government agency.
- Organizations that receive less than $25,000 in gross contributions per fiscal year and use no professional fundraisers or fund raising counsel.
- Fraternal, patriotic, social, and historical societies chartered by the Board of Regents, when solicitation is limited to their own membership.
- People collecting contributions for a specific named individual, if every dollar collected goes directly to that person with no deductions.
Organizations receiving allocations from a United Way or federated fund are also exempt, provided the parent fund is registered, the organization does not independently collect more than $25,000, and it uses only unpaid volunteers for fundraising.
If You Hire Outside Fundraising Help
Article 7-A distinguishes between two kinds of hired help. A professional fundraiser directly solicits contributions on behalf of a charity. Fund raising counsel advises or manages a campaign but does not personally solicit. Both must register with the Charities Bureau.
Professional fundraisers register annually, pay an $800 fee, and post a $10,000 surety bond with the Attorney General; the bond protects the state and any person harmed by the fundraiser’s misconduct. Fund raising counsel pay the same $800 annual fee but do not post a bond. Both must keep accurate records for at least three years after each contract ends, available for inspection by the charity and the Attorney General.
A charity cannot legally contract with a professional fundraiser or fund raising counsel that is not registered, and any such contract is voidable at the charity’s option. No fundraiser can begin work for a charity that is itself unregistered. Section 174 treats solicitation by or for an unregistered organization as a continuing fraud if it persists more than 15 days after the Attorney General sends written notice to stop. Before signing anything, verify the firm’s registration status with the Charities Bureau.
What Happens If You Don’t Comply
The Attorney General has broad enforcement powers under Sections 175 and 177. For any violation, the office can revoke, suspend, or deny an organization’s registration, issue a cease and desist order halting fundraising, or both.
Civil penalties reach $1,000 per act or omission that constitutes a violation, plus $100 for each day the violation continues. Before imposing a penalty, the Attorney General must send written notice by certified mail giving the organization 30 days to fix the problem. If the violation is not cured in that window, penalties start accruing.
Section 175 also authorizes the Attorney General to go to court seeking injunctions, restitution to donors, removal of directors responsible for the violations, and even dissolution of the organization. Courts can award damages and costs. And, as noted above, an organization that cannot certify compliance with its EPTL and Article 7-A obligations cannot receive New York state grant funds.
One boundary worth naming: registering does not by itself insulate a charity from other enforcement. Section 175 lets the Attorney General sue any organization that uses false or materially misleading advertising or promotional material in solicitation, and General Business Law Section 349 has been applied to deceptive charitable appeals. Registration is the entry ticket; truthful solicitation is a separate ongoing duty.
Online Fundraising and Other States
A website that accepts donations can create registration obligations outside New York. The most widely referenced framework is the Charleston Principles, developed by the National Association of Attorneys General and the National Association of State Charities Officials. Under those guidelines, a charity domiciled in a state that solicits online must register at home. In other states, registration is triggered when the charity specifically targets residents of that state, or receives contributions from that state on a repeated, ongoing, or substantial basis through its website.
About 17 states have formally adopted the Charleston Principles, and several others use them as informal guidance. They are not binding law, but they reflect how regulators think about online fundraising. A New York charity with a national online donor base should evaluate whether its solicitation patterns trigger registration elsewhere. Unified registration services can consolidate filings across multiple jurisdictions and cut the administrative load significantly.