It may come as a surprise to some, but Maine, like many other states, requires charitable organizations to obtain a charitable solicitation license from the state before soliciting donations within Maine. The Maine Charitable Solicitations Act (CSA), 9 M.R.S. §§ 5001-5018, regulates “charitable organizations.” Broadly defined, it includes entities that hold themselves out as charities that solicit or accept contributions from the public.
Unless exempt, it must submit a charitable solicitation license application to the Director of the Office of Professional and Occupational Regulation at least 30 days before soliciting or accepting donations. Licensure must renew annually, accompanied by an annual fundraising activity report for the previous year.
Exemptions
Some charitable organizations are excluded from the CSA or otherwise exempt from the licensure requirement.
These include:
- Religious organizations
- Approved educational institutions
- Student organizations
- Nonprofit charitable hospitals
- Free clinics
The broadest exemption is for small charitable organizations that, among other requirements, do not intend to solicit or receive donations over $35,000 or from more than 35 people in a single calendar year.
If an organization does not intend to but does solicit or receive donations of more than $35,000 or from more than 35 persons in a year, they must register within 30 days after contributions reached $35,000 or the number of donors reached 35.
Licensed organizations are subject to a number of ongoing requirements, including recordkeeping and financial reporting requirements. The CSA also requires certain basic disclosures in making solicitations. It prohibits certain behavior deemed misleading. It also provides for sanctions including suspension or revocation of a license.
Charitable fundraising regulations differ significantly from state to state. This means that organizations that operate in multiple states need to stay aware of and comply with the registration and other requirements of each state in which they operate.
Rudman Winchell
207-947-4501
This article is intended to provide general information only. It is not a substitute for legal advice. For advice regarding your specific circumstances, please do not hesitate to contact Rudman Winchell.