A professional fundraiser must register with the Office of the Secretary of State before seeking contributions for a charitable organization. A professional fundraiser receives payment from a charitable organization to assist with its fundraising activities. This can include managing fundraising campaigns, seeking sponsorships, or reaching out to prospective donors on behalf of the organization.
Individuals who provide services to the charitable organization who may not be considered a professional fundraiser are:
- Full-time salaried officers or employees of a charitable organization with permanent establishment in North Dakota
- Attorneys, investment counselors, or bankers who advises a person to make a contribution to a charitable organization
To register as a professional fundraiser in North Dakota, you must provide the following:
- Professional Fundraiser Registration (SFN 11303)
- Bond in the amount of $20,000 (more than 1 bond may be used if the surety amounts total at least $20,000). The bond must:
- Be in effect for the entire term of the registration
- List the professional fundraiser as the principal obligor
- Apply to North Dakota and to any person who may have a claim against the professional fundraiser for any liabilities resulting from the professional fundraiser's conduct
- Fee - $100
Submit the form, bond, and fee to:
North Dakota Office of the Secretary of State
600 East Boulevard Avenue, Dept 108
Bismarck ND 58505-0500
Professional fundraiser registrations expire September 1 of each year and must be renewed annually. In addition to filing a new registration each year, a professional fundraiser must also submit a continuation certificate for the surety bond to maintain registration.
Professional Fundraiser Bond
A professional fundraiser must also file a bond with the Secretary of State in the amount of $20,000 with the professional fundraiser listed as the principal obligor. A professional fundraiser may use more than 1 bond if the surety amounts total at least $20,000.
The bond must remain in effect for the entire term of the registration. The bond must apply to North Dakota and to any person who may have a claim against the professional fundraiser for any liabilities resulting from the professional fundraiser’s conduct. In addition to filing a new registration statement each year, a professional fundraiser must also submit a continuance certificate for the surety bond each year to maintain registration.
Any solicitation violation or failure to properly file any report, tax return, or other information as required by state law regulating professional fundraisers is considered a class A misdemeanor. Conducting a solicitation after a registration is revoked is a class C felony.
Penalties for these violations include civil penalties up to $5,000 per violation and the denial of registration for a period of up to 5 years.
For more information, contact the Consumer Protection and Antitrust Division at:
Office of Attorney General Consumer Protection and Antitrust Division
1720 Burlington Drive, Suite C
Bismarck, ND 58504-7736
Phone: 701-328-3404
Fax: 701-328-5568
Email: cpat@nd.gov
Web: attorneygeneral.nd.gov