Charity Enforcement Unit

Under the statute, a solicitation “means the request or appeal for any contribution on the plea or representation that such contribution will be used by or on behalf of a charitable organization.”  18 O.S. Sec. 552.2

The law states that a Charitable Organization “means any person soliciting contributions in this state, other than a natural person, that is described in Section 501(c) of Title 26 of the United States Code, that solicits contributions as described in this act and that is organized and operated primarily for religious, charitable, scientific, literary, educational, artistic, cultural, economic development, civic improvement, testing for public safety, research, humanitarian, animal welfare, recreational, or environmental protection purposes; to foster national or international amateur sports competition, but only if no part of its activities involves the provision of athletic facilities or equipment; to prevent cruelty to children, the elderly, identified populations, or animals; to relieve poverty, hunger, or homelessness; to support law enforcement or citizen protection organizations or agencies; or to provide emergency relief. “Charitable organization” shall also include a natural person representing himself or herself as a charitable organization or purporting to act on behalf of a charitable organization.”  18 O.S. Sec. 552.2

The statute exempts the following charitable organizations from the registration requirement: 

1. Organizations incorporated for religious purposes and actually engaged in bona fide religious programs, and other organizations directly operated, supervised, or controlled by a religious organization; 
2. Educational institutions that have a faculty, regularly enrolled students and offer courses of study leading to the granting of recognized degrees when solicitations of contributions are primarily confined to its student body and their families, alumni, faculty and trustees and any 501(c)(3) organization authorized by and having an established identity with such institutions; 
3. Fraternal organizations, when soliciting from their own members, and patriotic and civic organizations, when solicitation of contributions is confined to the membership of said organizations, and the solicitation is managed by their own membership without paid solicitors; and 
4. Persons soliciting contributions for a named individual person, when such individual person is specified by name at the time of solicitation, the purpose for such contribution is clearly stated, and if the gross contributions collected, without any deductions whatsoever for the benefit of the solicitor or any other person, be deposited directly to an account in the name of the beneficiary established for that purpose at a licensed local bank, and if such contributions are used for the direct benefit of the named individual person as beneficiary.” 18 O.S. Sec. 552.4

Some charitable organizations must register twice with the Secretary of State because the SOS maintains both corporate/business filings as well as charitable solicitation filings. If your charitable organization is a corporation or other legal entity, it will file as required to operate in Oklahoma. If it solicits and does not meet one of the exemptions, it will ALSO register as a charitable organization under the Solicitations Act so it can also solicit in Oklahoma. 
18 O.S. Sec. 552.3

If you meet the criteria under the Solicitations Act, you must register to solicit in Oklahoma. An organization recognized as exempt under 26 U.S.C. 501(c)(3) has been granted tax exempt status by the federal government for federal tax purposes. A 501(c)(3) organization operating or fundraising in Oklahoma must also meet state requirements.

A professional fundraiser, under the law, “means any person who for compensation or other consideration plans, conducts or manages in this state the solicitation of contributions for or on behalf of any charitable organization, or who engages in the business of or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purpose.”  

Professional Fundraiser does not include “. . .an employee of a charitable organization who engages in such activities for the charitable organization for which he or she is employed. . .“  

It also does not include “. . .any volunteer who receives no payment, compensation, or remuneration of any kind for soliciting any contributions; provided, a volunteer may receive credit for fulfilling any community service requirement of an educational institution or government agency…” A volunteer may, however, receive an incidental benefit such as meals, supplies or reimbursement for expenses, without being considered a Professional Fundraiser. 18 O.S. Sec. 552.2

The law defines a professional solicitor as “any person that is either located within this state or that is soliciting contributions from any person in this state and who is employed or retained for compensation or other consideration by a professional fundraiser to solicit contributions for or on behalf of any charitable organization. Professional solicitor does not include an employee of a charitable organization who is engaged in such activities for the charitable organization for which he or she is employed; nor does it include a volunteer who engages in such activities for the charitable organization for which he or she volunteers if the volunteer receives no payment, compensation or remuneration of any kind for soliciting any contributions; provided, a volunteer may receive credit for fulfilling any community service requirement of an educational institution or government agency. In addition, for this purpose consideration does not include incidental benefits that might be received by a noncompensated person, such as meals, supplies, or similar support, and does not include reimbursement for expenses incurred by any noncompensated person in his or her solicitation activities[.]” 18 O.S. Sec. 552.2

Each charitable organization that is required to register must register annually by the date that the charitable organization files its Form 990 or by the date, plus extensions, that it is required to file its Form 990, whichever occurs first.  18 O.S. Sec. 552.3

Each professional fundraiser or professional solicitor that is required to register must register annually. Registrations are valid for one year from the date of filing. 18 O.S. 552.7 and 18 O.S. Sec. 552.9