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Registering a Charity

A charitable organization may not knowingly solicit, request, promote, advertise, or sponsor a charitable solicitation that originates in Utah, is received in Utah, or is caused to be made through business operations in Utah unless the organization is either exempt under Section 13-22-8 or registered with the division under Section 13-22-6.

In addition, a professional fund raiser may not knowingly solicit, request, promote, advertise, or sponsor the solicitation in Utah of any contributions for a charitable organization unless the professional fund raiser and the non-exempt organization are both registered under the Charitable Solicitations Act.

Further, a professional fund raising counsel or consultant may not knowingly plan, manage, advise, counsel, consult, or prepare material for, or with respect to, the solicitation in Utah of a contribution for a charitable organization unless the professional fund raising counsel or consultant and the non-exempt organization are both registered under the Charitable Solicitations Act.

 

Frequently Asked Questions   (click question to view answer)
Q:  What is a charitable organization?

A:  Charitable organization is defined by the Charitable Solicitations Act to mean any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity

  1. that is or holds itself out to be:
    1. a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
    2. for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
    3. established for any charitable purpose;
  2. who solicits or obtains contributions solicited from the public for a charitable purpose; or
  3. in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation.
Q:  When does a "charitable solicitation" occur?

A:  A charitable solicitation occurs upon the making of any request, directly or indirectly, for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose.  A charitable solicitation may be made in any manner.
Q:  How can I determine whether my organization is exempt from the registration requirements?

A:  Utah Code Annotated §13-22-8 sets forth a list of organizations that are exempt from the registration requirement.  Any organization that claims an exemption based on this list is required to apply to the Division for that status.  The organization has the burden of proving its eligibility for, or the applicability of, the exemption claimed.  Please note that the exempt status applies only to the registration requirement.  Exempt organizations remain subject to all other provisions of the Charitable Solicitations Act.
Q:  Q: If I want to claim an exempt status, is there a "Notice of Claim of Exemption" form that I must file with the division?

A:  No.  Claims of exemption are usually made in the format of a letter to the Division.  Your notice of claim of exemption must contain:  1) a detailed description of your organization and your purposes;  2) a citation to the exemption that is claimed and a detailed explanation of why the exemption applies;  3) any documents supporting your notice of claim of exemption; and  4) a notarized statement from you certifying that the statements are made to the best of your knowledge.  After reviewing your claim of exemption, the Division may request other information from you.  At this time, the Division has not established a fee for this filing.
Q:  Can the registration fee be paid with a credit card?

A:  Yes, if you use the Online Charitable Organization Permit Application system.  If the manual forms are used, the division only accepts checks, money orders or cash.
Q:  To whom do I make my check payable?

A:  State of Utah
Q:  Can I register online?

A:  Yes.  Click to enter the Online Charitable Organization Permit Application system.

Q:  Does Utah accept the Unified Registration Statement (URS) Application Form?

A:  Yes.  However, the URS application form must be accompanied by the Supplement to the URS Form that is available from the division or online.
Q:  After the division receives my application, is my organization considered to be registered to solicit charitable contributions?

A:  No.  You must be issued a certificate of registration by the division before you solicit any charitable contributions.  It will take us up to 20 business days to review and process your application.
Q:  Will the division send me notification of my registration?

A:  Yes.  Once the application has been approved, the division will send an approval letter and certificate of registration.
Q:  If my organization has been granted an extension from the IRS for filing our IRS Form 990, will the Division also grant an extension for filing our renewal application?

A:  No.  The Charitable Solicitations Act requires you to file your most recent IRS Form 990 or annual financial report.  Therefore, the Division will accept the IRS Form 990 that was submitted with last year's application.  Once you have filed with the IRS, you will need to submit your new IRS Form 990 to the division within 30 days to update your application.  In order to avoid this situation in the future, please contact the Division for further information prior to submitting your renewal application.
Registration & Renewal

The Charitable Organization Permit Application may be submitted using our online system or by downloading and filling out the manual form(s).  Please note that online registration is ONLY available for those filing the Charitable Organization Permit Application.

Register/Renew Online

Register/Renew Manually
The Division allows charitable organizations
to file EITHER:

OR

Other Forms
– Statement of Functional Expenses
    • Instructions
– Quarterly Financial Report Form


Lists
– Registered Charities Search
– Exempt Charities Search

Statutes & Rules
– Charitable Solicitation Act, Utah Code Ann. §13-22
– Charitable Solicitation Act Rules, UT Admin Code R152-22

Please Note: You must have the free Adobe Acrobat Reader installed to download and view PDF documents.

 
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