Key Takeaways

  • Virginia requires most charitable organizations to complete Virginia charitable registration with the Virginia Department of Agriculture and Consumer Services (VDACS) before soliciting donations.
  • The initial filing requires formation documents, bylaws, IRS exemption letters, and financial reports, submitted with the OCRP-102 form.
  • Fees range from $10 for exempt charities to $100 for standard initial filings, with renewal fees between $30 and $325 based on contributions.
  • Exemptions apply for religious, political, educational, civic, and some small or membership-based charities.
  • A registered agent is strongly recommended, especially for out-of-state organizations with operations in Virginia.
  • Renewals must be filed annually within 4.5 months after the end of the fiscal year, with financials and board information attached.
  • Failure to register or renew can result in penalties, loss of fundraising privileges, and reputational harm.
  • Organizations may need additional registrations if fundraising involves raffles, bingo, or gaming activities.
  • Charities soliciting in multiple states should consider multi-state compliance strategies.

Virginia charitable registration is a process carried out by non-exempt charity organizations to get the state's permission to solicit or gather monetary contributions from its residents. Charities must renew this registration each year four and a half months before the end of their fiscal year. For example, if the charity's financial calendar closes Dec. 31, the renewal deadline is May. 15 of the following year.

Steps Required for Filing

Charity organizations that register for the first time must submit:

  • The organization's Articles of Incorporation.
  • The organization's bylaws.
  • The organization's contracts with professional fundraisers.
  • The latest financial statement or Internal Revenue Service (IRS) return.
  • The IRS tax-exemption details.

Initial Filing Fees

Charity organizations that are registering for the first time must pay a filing fee of $100. Tax-exempted charity organizations file their exemption with a fee of $10.

The organization pays these filing fees when submitting its OCRP-102 Registration Statement form. This form is available on the Virginia Department of Agriculture and Consumer Services (VDACS) website.

Required Forms and Supporting Documentation

Charitable organizations must submit the OCRP-102 Registration Statement with all required attachments. Supporting documents often include:

  • A copy of the IRS determination letter confirming tax-exempt status.
  • The most recent IRS Form 990, 990-EZ, or 990-PF.
  • Copies of solicitation contracts if the organization uses professional fundraisers or consultants.
  • Current financial statements audited or reviewed by an independent CPA (if gross contributions exceed $1 million).
  • Articles of Incorporation and bylaws, especially if not previously submitted.

Exempted Charity Organizations

Most charity tax exemptions occur when:

  • The organization raises less than $5,000 per year during its first three years of existence, including its current year, with unpaid volunteers carrying out all its activities.
  • It's a religious organization.
  • It's a political organization.
  • It's an educational institution.
  • It's a civic organization.
  • It's a tax-exempt charity soliciting via grant proposals.
  • The organization is soliciting from fewer than five counties in Virginia.
  • The organization appeals for named individuals.
  • It's a membership organization.
  • It's a nonresident organization.

Additional Considerations for Exemptions

Even if an organization qualifies for exemption, it may still need to submit exemption documentation to VDACS to avoid penalties. For example, a church that solicits only within its congregation may be exempt, but it should formally notify the state. Exemptions do not automatically extend to affiliates, so a related nonprofit operating under the same umbrella may need to file separately.

The Importance of Registration

Virginia requires all nonprofit organizations wishing to solicit donations from its residents to register with VDACS. Without registration, charities can't do any fundraising.

Thirty-nine states, including Virginia, require charitable organizations to register before fundraising in the state. Therefore, any organization wanting to increase its donation potential should consider registration.

To learn more about the registration of fundraising organizations in Virginia, see section 57-48 through section 57-61.1 and section 5-610-10 through 5-610-40 of the Virginia Administrative Code, title two.

Penalties for Noncompliance

Failure to comply with Virginia charitable registration laws can result in:

  • Civil penalties up to $5,000 for each violation.
  • Suspension or revocation of the right to solicit in Virginia.
  • Potential investigations by the Virginia Attorney General’s office.
    Beyond legal consequences, noncompliance may also reduce donor confidence and harm the organization’s reputation.

Things to Remember During Initial Filing

  • Some municipalities and counties in Virginia might require nonprofit organizations that perform face-to-face fundraising to first register before they can solicit any money.
  • Organizations registering for the first time must attach their list to the application they are submitting.
  • Submit original copies, not photocopies.
  • The president and the CFO must sign the document, but it doesn't have to be notarized.

Does the Process Require a Registered Agent?

While charities don't have to have registered agents, the state expects them to do so when registering. If a charity doesn't appoint an agent, then the state's commonwealth secretary will automatically become its agent.

The same applies to nonresident registrant charities. However, if they plan to have an office or paid employees in the state, they will need a registered agent.

Registration Mailing Address

Submit registration documents by mail to:

Virginia Department of Agriculture and Consumer Services

Office of Consumer Affairs

P.O. Box 526

Richmond, VA 23218

Submit registration documents by express delivery to:

102 Governor St, Lower Level

Richmond, VA 23218

Registration Renewals

Registered charitable organizations must renew their registration every year to remain compliant. Such renewals require a few attachments and a fee that depends on the gross contributions the organization raised in the previous year. That fee usually ranges from $30 to $325.

Charitable organizations that are renewing their permissions must submit the same OCRP-102 form to VDACS, which is also the responsible body for charity registration renewals.

Renewal Timeline and Requirements

Renewal applications must be filed within 4.5 months after the end of the fiscal year. Extensions are available but must be requested before the deadline. Required attachments typically include:

  • The most recent IRS Form 990 or audited financials.
  • Updated lists of officers, directors, and key employees.
  • Copies of current fundraising contracts.
  • An itemized list of contributions and fundraising expenses.

Things to Remember When Renewing

  • The organization's president and CFO must sign the document.
  • Submit original copies, not photocopies.
  • Include a professional solicitor's or fundraiser's contract.
  • List current trustees, directors, officers, and principal salaried employees, along with their titles, names, and addresses.
  • List Virginia affiliates, offices, and branches, along with their addresses and contact information.
  • Attach the organization's annual financial report.
  • List the states in which the organization raises funds.

Nonprofits should follow Virginia charitable registration steps to accept contributions from Virginia residents. This is a measure the state takes to protect its residents and help charities function legally.

Fundraising Methods That May Require Extra Licensing

Organizations conducting raffles, bingo, or gaming-related fundraising in Virginia must obtain additional charitable gaming licenses from the Virginia Department of Agriculture and Consumer Services. These are separate from charitable solicitation registration and have their own filing and reporting requirements.

Multi-State Registration Considerations

Charitable organizations that solicit across state lines should evaluate compliance in other jurisdictions. Since 41 states require charitable registration, many nonprofits find it efficient to coordinate renewals simultaneously or use compliance services to track multiple deadlines.

Frequently Asked Questions

  1. Who needs to complete Virginia charitable registration?
    Any nonprofit soliciting donations from Virginia residents must register with VDACS, unless it qualifies for a statutory exemption.
  2. How much does Virginia charitable registration cost?
    Initial registration costs $100 ($10 for exempt charities). Renewal fees range from $30 to $325 depending on annual contributions.
  3. When are Virginia charitable registration renewals due?
    Renewals are due 4.5 months after the end of a nonprofit’s fiscal year, with extensions available upon request.
  4. What happens if my nonprofit doesn’t register?
    The organization may face civil fines, suspension of fundraising rights, and reputational damage among donors.
  5. Do raffles or bingo fundraising require separate registration?
    Yes. Charities must obtain additional charitable gaming licenses from VDACS to conduct raffles, bingo, or other gaming activities.

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