4 Things to Know About the California Charitable Fundraising New Online Registration Portal
California Attorney General (AG) Rob Bonta recently launched a new online information and compliance portal for entities engaging in charitable fundraising. This portal contains an Online Filing Service to allow entities to complete most compliance activities now required under state law to engage in charitable fundraising. These compliance requirements include registration and renewal applications, fee payments, and annual reporting obligations.
4 Things to Know About the Portal and Charitable Fundraising
Here are four things that you should know about the new online information and compliance portal:
1. No penalties will be assessed for missing the initial June 12, 2024, compliance deadline if entities file all required compliance documents and pay all fees before October 12, 2024. Since the June compliance deadline occurred very quickly after the final regulations were published, the AG has waived that deadline in favor of the later deadline.
- 2. Various online filing capabilities exist through the portal. Online filing is available for the following functions:
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- Applying for registration as a charitable fundraising platform;
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- Renewing registration as a charitable fundraising platform;
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- Filing notifications from platform charities; and
- Filing annual fundraising reports from charitable fundraising platforms or platform charities.
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- 3. The portal clarifies and explains key provisions of AB 488. The portal defines “charitable fundraising platform” and “platform charity” more broadly than expected and gives detailed examples.
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- A charitable fundraising platform is defined as “a person, corporation, or other legal entity that provides a website, mobile device application, or other internet-based platform to Californians and performs, permits, or enables solicitations through its platform.”
- A platform charity is “a charity that facilitates donations for other charities referenced in solicitations on the platform.”
- 4. The portal summarizes the legal obligations that entities must complete to comply with AB 488. The portal’s “Legal Obligations” tab first summarizes compliance activities that took effect on June 12, 2024. These requirements include the prohibition against soliciting funds from charities “not in good standing,” rules prohibiting the “misuse” or “diversion” of funds, the duty to “make conspicuous disclosures,” and making solicitations for “non-consenting charities.” Next, the tab includes a summary of “additional requirements” effective January 1, 2025. These requirements address making agreements with charities to use their names in solicitation materials, tax-donation receipts, timeframes for forwarding donations to charities, providing accountings of donations to charities, and the ability of platform users to learn whether donations were sent to charities according to law.
Call the California Center for Nonprofit Law Today
If you need legal advice or assistance, we are here to help. Contact an experienced nonprofit lawyer today. Call the California Center for Nonprofit Law offices at (949) 892-1221, email us at info@NPOlawyers.com, or contact us online for more information today. We offer a wealth of experience handling the unique legal issues that charitable organizations routinely face.