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The last few weeks of the year are the busiest time for charitable giving. Many nonprofits receive a large share of their annual donations during the holiday season, when supporters are inspired to give and looking for year-end tax deductions. But increased fundraising activity also brings added compliance risks. Every appeal, email, and online donation link must meet state and federal solicitation laws designed to protect donors and promote transparency.
Why Year-End Fundraising Requires Extra Compliance Attention
During the holidays, nonprofits often expand their outreach through social media, email campaigns, and online donation platforms. Each of those channels may qualify as a charitable solicitation under state law.
Georgia, like most states, requires registration before an organization can legally request contributions from the public. When campaigns reach beyond state lines, additional registration and disclosure obligations can apply, even if the nonprofit is based in Georgia.
Taking time to review solicitation materials before launching a year-end appeal helps prevent compliance problems and maintains public trust at a time when visibility is high.
State Charitable Solicitation Registration Requirements
In Georgia, charitable organizations must register with the Secretary of State’s Charities Division before soliciting donations from residents. This rule applies to most nonprofits that request contributions through mailings, events, or online platforms, with limited exceptions for religious institutions and very small charities.
If your nonprofit solicits nationally or accepts donations online without geographic restrictions, multi-state registration may also be required. Over 40 states have similar laws, and failure to comply can lead to fines or suspension of fundraising activities.
Registration information, including your organization’s legal name, address, and principal officers, must be kept current and renewed annually. If a nonprofit partners with professional fundraisers, those individuals or firms must also be registered.
Mandatory Fundraising Disclosures and Solicitation Statements
Georgia law requires that all charitable solicitations, including written letters, event materials, and digital donation pages, include specific disclosures.
These statements typically identify the organization by name, describe its charitable purpose, and provide a mailing address or other contact information.
If a nonprofit is registered with the Secretary of State, it should include a version of the following language:
“A copy of our registration and financial information may be obtained from the Georgia Secretary of State, Charities Division.”
Each state has its own wording requirements, so multi-state campaigns should ensure the correct version appears for each jurisdiction. Using a single generic disclaimer is not enough. Before publishing year-end appeals, nonprofits should have an attorney review all solicitation statements for accuracy and state-specific compliance.
Online Donation Pages and Platform Compliance
Digital fundraising introduces additional layers of risk. Donation buttons embedded in emails, social media posts, or websites can trigger solicitation rules even if the nonprofit does not target a specific state. The IRS also requires truthful descriptions of how funds will be used, and states increasingly monitor online fundraising for deceptive claims.
Third-party donation processors and peer-to-peer fundraising platforms may impose their own compliance requirements. Nonprofits should review how these platforms display registration information, tax-deductibility statements, and receipts. Clear, accurate descriptions of how contributions support the organization’s mission help avoid confusion or misleading impressions.
Avoiding Deceptive or Misleading Solicitations
Under the Georgia Fair Business Practices Act and federal FTC guidelines, it is illegal to make false or misleading statements in fundraising appeals. Common pitfalls include:
- Implying that donations are tax-deductible when they are not.
- Suggesting that 100% of proceeds go directly to programs when administrative costs are included.
- Using outdated statistics or inflated impact claims.
- Advertising partnerships or endorsements that do not exist.
All solicitation materials should align with the organization’s actual activities and financial allocations. Internal review procedures, such as legal or compliance sign-off before release, can help prevent unintentional misrepresentations.
Online donation pages are a common example of unintentionally misleading solicitation. If the organization accepts contributions from all 50 states but is only registered in a handful, the donation page may technically constitute an unlawful solicitation in jurisdictions where registration hasn’t been completed.
Similar issues arise when nonprofits recycle last year’s holiday emails or printed collateral that still display former sponsors, matching-gift partners, or community collaborators who have not endorsed or renewed support for the current campaign.
Even internal templates can cause problems when stock language no longer reflects the organization’s actual operations.
How an Atlanta Nonprofit Attorney Can Help
Many oversights are unintentional, but they can still create misleading impressions or violate state solicitation rules if they slip through during a busy year-end push. Nonprofit general counsel can:
- Confirm that state charitable registrations are current and accurate.
- Review solicitation language and online donation pages for legal compliance.
- Draft or update required disclosure statements for each state where donors are targeted.
- Develop internal review policies to ensure future campaigns meet all legal standards.
The Law Office of Cameron Hawkins advises Georgia nonprofits on charitable solicitation laws, disclosure requirements, and multi-state registration. If your organization is preparing for a year-end giving campaign, we can help ensure every appeal complies with state and federal rules.
Call (678) 921-4225 or contact us online to schedule a consultation.
