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Charitable Solicitation Regulation

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Application of Charitable Solicitation Registration Statutes to Tax-Exempt Educational Institutions and Related Organizations
White Paper To help members navigate the complex landscape of state charitable solicitation laws in the U.S., CASE commissioned law firm Webster, Chamberlain and Bean to prepare a document outlining the application of these statutes to educational institutions and their institutionally related organizations. This document will be updated periodically to reflect changes in state charitable solicitation laws. It was most recently updated in October 2011.

State Registration for Charitable Solicitation
Members often ask CASE whether they are required to register in all states where they conduct charitable solicitations. These resources address the complexity of that question and help institutions determine whether registration is necessary.

President's Perspective: A Time to Advocate
CURRENTS Article CASE firmly believes that education can transform lives and society. At times of turbulence, this is even more important. Amid the current change, we need increased advocacy for policies that allow us to act effectively and with integrity to champion the success of educational institutions. CASE is responding to this challenge by enhancing our advocacy efforts in order to better support our members in this arena.

CASE Europe, Universities UK Issue Joint Response to Fundraising Regulator
Article,  BriefCASE Article Following consultation with CASE members in the UK, CASE Europe and Universities UK have submitted a joint response to the Fundraising Preference Service Working Group on the scope of the proposed service and the impact its introduction will have on the education sector.

Outlook: Rich—and Therefore Unworthy?
CURRENTS Article The criticism over nonprofits' tax status stems from a misunderstanding of why and how they operate.

Get Compliant with Charitable Solicitation Laws
Article,  Community College News Article Community college advancement leaders should ensure that their institutions are compliant with complex charitable solicitation laws before fundraising outside of their home state.

IRS: 275,000 Organizations Lose Tax-Exempt Status
Article,  BriefCASE Article On June 8, the Internal Revenue Service announced that 275,000 tax-exempt organizations have automatically lost their tax-exempt status for failure to file required annual information returns for three consecutive years. The list includes some local alumni association chapters, institutionally related foundations and fraternities and sororities.

Hawaii Law Exempts IRFs, Alumni Associations from Charitable Solicitation Registration Requirements
Article,  BriefCASE Article Institutionally related foundations and alumni associations are now exempt from charitable solicitation registration and reporting requirements in Hawaii.

State Charitable Solicitation Laws with Brian Flahaven
Impact Alumni blog
Podcast In this June 11, 2010 podcast, CASE Director of Government Relations and Institutionally Related Foundations Brian Flahaven discusses U.S. state charitable solicitation laws and their potential impact on the solicitation of funds from constituents.

AdvanceWork: Hanging Up on Alma Mater?
CURRENTS Article Even though charities, including education institutions, are exempt from the bulk of the Do Not Call Registry, phonathon callers are likely to get some complaints and inquiries as the new law takes effect. Communication with alumni and other prospects and scripts for responding to such complaints will help ease frustrations.

Talking Points: A Test of Integrity
CURRENTS Article This column examines the Supreme Court's 2003 ruling in a telemarketing case, Madigan v. Telemarketing Associates, and how it affects charities and fund raising.

AdvanceWork: Patriot Games
CURRENTS Article This AdvanceWork item discusses advancement officers’ concerns about a last-minute provision added to the USA PATRIOT Act of 2001. The provision requires the Federal Trade Commission to promulgate rules addressing fraudulent charitable solicitations. Long notes, however, that the FTC has no authority over nonprofit and charity organizations, and concludes that the new law has few implications for education fund raising.

Mastering the Maze
CURRENTS Article In the United States, charitable solicitation is regulated by the federal government but also by many state, county, and local governments. This article describes four areas of regulation with which fund raisers should be aware: registration, maintaining and providing records, telemarketing and direct mail, and trustee conduct.

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