The materials in our Resources section are for informational purposes only, without any representation that they are accurate or complete. These publications do not constitute legal advice and do not create an attorney-client relationship between the reader and any other person, nor are they an offer to create such a relationship. These publications are current as of the date written, but laws change over time and vary from state to state. As a result, the information presented here may not be timely and/or appropriate for any state not specifically addressed in a publication. Consult an attorney if you have questions regarding the content of any publication.

Soliciting and Acknowledging Donations

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Posted on February 28, 2019

Has anyone ever offered your organization a gift of stock, bonds, mutual funds, CDs, or other investments? Many organizations do not think about a policy for accepting such investments and a procedure for managing them until the offer is made and then urgency takes priority instead of a thoughtful plan. Some nonprofits also receive offers for the donation of real property including homes, empty lots, farms, and even office buildings. Having a policy, plan and process to handle such requests is important to protect the organization. Tune in to learn more about how to establish gift acceptance policies that work for small nonprofit organizations.

View the webcast.

Posted on February 6, 2019

If your nonprofit provides donors with an item in return for a donation, you will need to determine whether such item qualifies as a “low-cost article”. That question impacts how much the donor can deduct for his or her donation and what language you need to include on the acknowledgment of the donation.

Posted on December 7, 2017

Of course, as a Georgia nonprofit 501(c)(3), you want to thank your donors for their generous donations, but did you know there are federal law requirements about how to acknowledge donations? If it’s not done the correct way, there can be fines for the nonprofit and the donor may not be able to take the tax deduction.

During this webcast, the speaker will:
– Define charitable contributions,
– Discuss the federal requirements for acknowledging donations including large cash donations, donations where items are given to the donor in return, in-kind donations, donated services and donated space, and
– Explain the proper form and format for acknowledgements including what must be disclosed.

Speaker: Robyn Miller, Tax Counsel, Pro Bono Partnership of Atlanta

Click here to view the webcast.

Posted on March 15, 2017

In order to protect the public from fraud, most states have enacted laws that require organizations to register with the state before they solicit donations from individuals in that state. The goal is for the public to be able to trust that their donations are going to a legitimate nonprofit organization that will use the money for charitable purposes.

This article explains generally when an organization must register in a state, how to complete the registration process, and what an organization should do when soliciting over the internet. Because each state has its own registration requirements, nonprofit organizations should seek advice from competent attorneys to advise them on their particular situation.

Posted on March 15, 2017

If you raise money from the general public in Georgia, you may need to make a special filing with the Secretary of State’s office. Here’s a quick review of what you’re required to file, and where.

Posted on September 19, 2016

Complying with charitable solicitation registration, annual renewals and filings, and disclosure statement requirements for multiple states takes a lot of time and requires detailed and dedicated focus. There are many companies that provide this service at a reasonable cost. This is a chart comparing various charitable solicitation compliance companies. Pro Bono Partnership of Atlanta does not endorse any of these companies.

Posted on December 2, 2015

Here’s a basic guide to sending acknowledgements. When are you required to acknowledge a donation? When is it just the polite thing to do? You’ll see sample letters for quid pro quo, cash, and non-monetary donations, as well as volunteer services.

Posted on December 2, 2015

Learn about the IRS and state regulations for nonprofits when using or selling donated vehicles.

Posted on September 18, 2014

Nonprofits often team up with for-profit companies to conduct fundraising activities, with part of the proceeds from the sale of the for-profit’s product or service (such as a book or t-shirt) benefiting the nonprofit. What steps are the parties required to take when entering into these types of “commercial co-venture” or “cause marketing promotion” arrangements? It may surprise you, but many states, including Georgia, have laws about these promotions.

During this 30-minute webcast, our speaker helps nonprofits understand:
* What is required in Georgia for these arrangements?
* What does your agreement with the for-profit need to include?
* How do you protect your intellectual property in connection with these promotions?
* What disclosures do you need to include in your promotional materials to the public?

Presenter: Nicole Pierce, American Cancer Society

Click here to view webcast.

Posted on March 22, 2012

Small nonprofits raising money often accept credit, debit and pre-paid card (also known as payment card) payments online and in person. Nonprofits take these payments at silent auctions and other events, and almost all have DONATE NOW buttons on their websites. The way in which nonprofits accept and process these transactions can expose the nonprofits to potential liability. While trying to limit this exposure, nonprofits can’t forget about the charitable solicitation laws that apply to them.

During this one-hour webcast, our speakers will:

  • Provide a general overview of the risks and liabilities of accepting credit, debit and pre-paid card payments;
  • Describe the compliance requirements for accepting such payments;
  • Discuss the differences between accepting payments directly versus using an online payment processor;
  • Describe how a nonprofit can limit its exposure; and
  • Provide an overview of the charitable solicitation issues in accepting online donations

Presenters: Sean Christy, Sutherland

Robyn Miller, Pro Bono Partnership of Atlanta

Please be advised that we experienced technical difficulties with video and sound during this webcast.

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