Mississippi Fundraising Licensing

Below, you'll find licensing requirements for a range of fundraising activities. At a glance, you can see requirements, fees, filing instructions, and links to forms for everything from charitable gaming and cause marketing to professional fundraisers and charitable gift annuities. Make sure your fundraising activities meet the unique requirements of each jurisdiction where you’re soliciting. Feel free to explore, bookmark, and share!

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• Mississippi Nonprofit & Fundraising Company Licenses
• Mississippi Individual Nonprofit & Fundraising Licenses

Company Licenses

Mississippi Nonprofit & Fundraising Company Licenses

Mississippi Bingo and Pull-Tab Licenses

Bingo and pull-tabs

Initial Registration

Registration Renewal

Triennially by the date of issuance. License renewals are due 6 months before the expiration date.

Mississippi Charitable Gift Annuity Registration

MS Code § 79-11-651 through MS Code § 79-11-661

3 years of continuous existence immediately preceeding licensure.

Initial Registration

Mississippi charities must provide notice on the day they first enter into a charitable gift annuity agreement. Notices must identify the organization, certify that the organization is a charity and that the annuities issued are qualified charitable gift annuities, and be signed by an officer or director.

Renewal Not Required

Mississippi Charitable Organization Registration

Automatic Exemption

Bona fide duly constituted religious institutions and such separate groups or corporations which form an integral part of religious institutions, provided that:

• Such religious institutions, groups or corporations are tax exempt pursuant to the Internal Revenue Code;
• No part of their net income inures to the direct benefit of any individual; and
• Their conduct is primarily supported by government grants or contracts, funds solicited from their own membership, congregations and fees charged for services rendered.

Religious organizations that meet the definition in Miss. Code Ann. Section 79-11-505(a)(iii) are excluded from registration requirements.

One-Time Exemption Registration

• All educational institutions that are recognized by the State Board of Education or that are accredited by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, any foundation having an established identity with any of the aforementioned educational institutions, any other educational institution which makes the solicitation of contributions solely by its student body, alumni, faculty and trustees and their families or a library established under the laws of this state
• Fraternal, patriotic, social, educational, alumni organizations and historical societies when solicitation of contributions is made solely by their membership; however, posts of the American Legion and posts of the Veterans of Foreign Wars of the United States may utilize nonmembers to assist designated supervisors in the conduct of bingo under the Charitable Bingo Law and qualify for this exemption. This exemption shall be extended to any subsidiary of a parent or superior organization if such solicitation is made solely by the membership of the subsidiary, parent or superior organization
• Persons requesting any contributions for the relief or benefit of any individual, specified by name at the time of the solicitation, if the contributions collected are turned over to the named beneficiary, first deducting reasonable expenses for costs of banquets or social gatherings, if any, provided all fund-raising functions are carried on by persons who are unpaid, directly or indirectly, for such services
• Any charitable organization which does not intend to solicit and receive and does not actually receive contributions in excess of $25,000 during any twelve-month period, provided all of its fund-raising functions are carried on by persons who are unpaid for such services
• Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided such chest or fund is complying with the provisions of § 79-11-501 through § 79-11-529 relating to registration and filing of annual reports with the Secretary of State, and provided such organization does not actually receive, in addition to such allocation, contributions in excess of $25,000 during any twelve-month period and provided further, that all the fund-raising functions of such organization are carried on by persons who are unpaid for such services
• All volunteer fire departments or rescue units, rural or otherwise, chartered under the laws and statutes of the State of Mississippi as nonprofit corporations
• Any humane society organized under the laws of Mississippi which contracts with counties or municipalities for the care and keeping of estrays

$50 + $4 online filing fee.

Notices of exemption do not expire, but charities must update their exemption within 30 days if any information changes.

• List of officers and directors
• Bylaws
• Articles or Incorporation (if applicable)
• IRS determination letter (if applicable)

Initial Registration

$50 + $3.14 online filing fee.

• The CFO and president (or other authorized officer) must sign the application electronically.
• The state will return a Ceritificate of Registration upon approval.
• Some Mississippi counties and municipalities may require charities that solicit in-person to register prior to fundraising.

Domestic Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• Appoint a registered agent to receive legal documents in Mississippi.
• If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• Appoint a registered agent to receive legal documents in Mississippi.
• If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
• Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
• If you will foreign qualify in Mississippi, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 60 days old when filing foreign qualification documents.

Domestic Applicants:

1. Create an online filing account and submit entity formation documents with the Mississippi Secretary of State.
2. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.

Foreign Applicants:

1. Determine whether or not your charity will need to foreign qualify based on your activity in Mississippi. If not required, skip to number 3.
2. Create an online filing account and submit foreign qualification documents with the Mississippi Secretary of State.
3. Create an online charity filing account and submit a charitable organization registration, along with all required attachments, to the Mississippi Secretary of State - Charities Division.

• IRS form 990
• Audited financials (if applicable)
• Articles of incorporation
• Bylaws
• IRS determination letter
• List of officers and directors
• Professional fundraising contracts

Registration Renewal

$50 + $3.14 online filing fee.

• Annually by the 15th of the 5th month following a charity's fiscal year end. If your fiscal year ends on December 31, renewal is due by May 15.
• There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.

Due dates can be extended for 180 days beyond the original due date by submitting a request for extension through the online portal. A copy of IRS form 8868 must be included when requesting an extension.

• Organizations can renew a registration up to 6 months past its due date. After this point, they will receive a registration revocation notice from the Secretary of State giving them 30 days to submit the late renewal. Once the registration is revoked, an organization must undergo the reinstatement process.
• Note the list of attachments required including IRS Form 990. Larger organizations may need to attach an audited financial statement.

• IRS form 990
• Audited financials (if applicable)
• List of officers and directors
• Professional fundraising contracts
• Only if amended: IRS determination letter, articles of incorporation, and bylaws

Reinstatement

1. Organizations wishing to reinstate a revoked registration must call the Charities Division to get approved for reinstatement.
2. Once approved, organizations file an online renewal for the most recent fiscal year and pay the required renewal fee. The application and fee will be forwarded to the legal team who drafts a consent agreement. The agreement will be sent back to the charity for completion.
3. Upon receiving the consent agreement, organizations should complete it and mail it back to the Division with the required reinstatement fee.

Charities suspected of violating Mississippi Code §79-11-501 - §79-11-527 are subject to investigation(s) by the Secretary of State and/or Attorney General. Upon application from either one of these agencies, the court can issue the following judgments:

• administrative penalties of up to $25,000/violation
• restraining orders
• injunctions
• enjoinment
• appointments of receivers/conservators of funds
• restitution

The Secretary of State, in addition to other remedies authorized by the law, may issue one or more of the following remedies:

• denial, suspension, or revocation of the organization's registration
• cease and desist orders
• administrative penalties of up to $25,000/violation
• citations to an organizations director(s)/officer(s)/member(s)
• administrative dissolution of domestic corporations
• revocation of foreign corporations Certificate of Authorization to do business in the State of Mississippi

A conviction of knowingly violating this Act is a misdemeanor charge and is punishable by a fine of up to $2,000 and/or imprisonment of up to 1 year in county jail. In connection with any solicitation, any attempt to defraud or obtain money or property using false pretenses is a felony conviction and is punishable by a fine of up to $25,000 and/or imprisonment of up to 5 years.

Organizations can renew a registration up to 6 months past its due date. After this point, they will receive a registration revocation notice from the Secretary of State which gives them 30 days to submit the late renewal. Once the registration is revoked, an organization must undergo the reinstatement process.

• Most recent IRS form 990
• Most recent Audited Financials (if applicable)
• List of officers and directors
• Professional Fundraising Contractors
• Only if amended: IRS determination letter, articles of incorporation, and bylaws

Change of Fiscal Year

1-2 business days

Fiscal year can be changed during the standard renewal process.

Cancelation

To close out your registration, file a final report and attach the necessary documents.

• IRS form 990
• Audited financials (if applicable)
• A statement signed by an officer of the charitable organization certifying that the organization has ceased charitable solicitations within the state

Commercial Co-venturer shall mean any person or entity who is regularly and primarily engaged in the production, trade, sale or commerce of goods other than in connection with the raising or solicitation of funds, assets, or other property for charitable organizations or charitable purposes, who for indirect compensation (including contractually arranged fees, commissions or other monetary remuneration), conducts, promotes, underwrites, arranges, markets, sponsors or advertises a sale, performance, or event of any kind which will benefit, to any extent, a Charitable Organization, or

A person or entity who contracts with a Charitable Organization to benefit that charity to any extent, and who receives only indirect compensation limited to goodwill or tax benefits as a result of that contractual agreement, is considered neither a commercial co-venturer nor a professional fund-raiser so long as neither the person (or entity) nor the Charitable Organization conducts, promotes, underwrites, arranges, markets, sponsors, or advertises the relationship to the public during the contract period.

Mississippi Commercial Co-Venturer Registration

Initial Registration

Renewal Not Required

Commercial co-venturer registrations do not need to be renewed, however, contact information should be kept up to date.

Contract Filing

A Commercial Co-venturer engaging in a charitable sales promotion is required to file with the Secretary of State notice of the promotion no less than seven (7) days prior to the start of said promotion. Such notice must include a copy of the contract between the Co-venturer and the Charitable Organization.

The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.

Contract Amendment

An amendment filing should be made before the expiration date of a campaign in order to extend the campaign.

To report an extension of a campaign or another change to a campaign agreement, submit a cover letter describing the change and include a copy of the amended agreement.

Financial Reporting

A financial accounting must be filed no later than thirty 30 days after the conclusion of the promotion if the charitable sales promotion is less than 1 year and no later than thirty 30 days after the anniversary date of the first notice of promotion filing if the promotion is greater than 1 year, and shall file a final financial accounting of the charitable sales promotion no later than thirty 30 days after the conclusion of said promotion.

Fund-raising counsel means a person (i) who for a fixed fee or rate under a written agreement plans, manages, advises or consults with respect to the solicitation in this state of contributions by a charitable organization, (ii) who neither solicits contributions nor directly or indirectly employ, procure or engage any person compensated to solicit contributions, and (iii) who does not at any time, whether directly or indirectly, receive or have custody or control of contributions. A bona fide nontemporary salaried officer or employee of a charitable organization shall not be deemed to be a fund-raising counsel. No attorney, accountant or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to that person shall be deemed, as a result of the professional service or advice rendered, to be a fund-raising counsel.

Mississippi Fund-Raising Counsel Registration

Initial Registration

Registration Renewal

Annually by June 30.

Contract Filing

All contracts entered into between fund-raising counsels and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the fund-raising counsel who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the fund-raising counsel of any service.

Professional fund-raiser means any person who for compensation or other consideration is retained by a charitable organization to solicit in or from this state contributions for charitable purposes directly or in the form of payment for goods, services or admission to fund-raising events, whether such solicitation is performed personally or through his agents, servants or employees or through agents, servants or employees especially employed by or for a charitable organization who are engaged in the solicitation of contributions, the sale of goods or services or the production of fundraising events under the direction of such person, or a person who plans, conducts, manages, carries on, advises or consults, whether directly or indirectly, in connection with the solicitation of contributions, sale of goods or services or the production of fundraising events for or on behalf of any charitable organization, but does not qualify as a fund-raising counsel within the meaning of Sections 79-11-501 through 79-11-529, or who engages in the business of or holds himself out as independently engaged in the
business of soliciting contributions for such purposes.

A bona fide officer or employee of a charitable organization shall not be deemed a professional fund-raiser unless his salary or other compensation is paid as a commission which is computed on the basis of funds to be raised or actually raised.

Mississippi Professional Fund-Raiser Registration

Initial Registration

• The filing will be rejected if the signature verification request does not go to each individual signer at their individual email addresses so that the signatures may be validated.
  • This includes the signature of the President (or other authorized agent) of the firm.
  • A current list of the professional fund-raiser’s corporate officers, directors, partners, and/or owners of the organization. The list must include full name, address, phone number, and email address
  • Current copies of contracts with charitable organizations soliciting in Mississippi
  • Copy of surety bond. The original surety bond should be mailed to the Secretary of State – Mississippi Secretary of State Charities Division, 125 S. Congress Street, Jackson, MS 39201 OR Mississippi Secretary of State Charities Division, Post Office Box 136, Jackson, MS 39205-0136

  Registration Renewal

  Annually by June 30.

  • A current list of the professional fund-raiser’s corporate officers, directors, partners, and/or owners of the organization. The list must include full name, address, phone number, and email address
  • Current copies of contracts with charitable organizations soliciting in Mississippi
  • Copy of surety bond. The original surety bond should be mailed to the Secretary of State – Mississippi Secretary of State Charities Division, 125 S. Congress Street, Jackson, MS 39201 OR Mississippi Secretary of State Charities Division, Post Office Box 136, Jackson, MS 39205-0136

  Contract Filing

  All contracts entered into between professional fund-raisers and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the professional fund-raiser who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the professional fund-raiser of any service.

  Financial Reporting

  Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.

  Individual Licenses

  Mississippi Individual Nonprofit & Fundraising Licenses

  Professional solicitor means any person who is employed or retained for compensation by a professional fund-raiser to solicit contributions for charitable purposes from persons in this state.

  Mississippi Professional Solicitor Registration

  Initial Registration

  To register, professional fundraisers must provide the names and email addresses of individuals to be registered as professional solicitors on their account. Emails containing applications and instructions will then be sent to these individuals.

  Registration Renewal

  Annually by June 30.

  To renew, professional fundraisers must provide the names and email addresses of individuals to be registered as professional solicitors on their account. Emails containing applications and instructions will then be sent to these individuals.