Frequently Asked Questions

What are the filing requirements for a charitable organization?
Prior to soliciting funds in the State of Kansas, charitable organizations must file a registration form with the Secretary of State. The form requires that the organization supply information regarding its location, purpose, individuals who are responsible for the organization's conduct, and a financial statement, pursuant to K.S.A. 17-1763.

Does registration with the Secretary of State mean that the charitable organization is trustworthy?
No. Registration with the Secretary of State is not an endorsement by the State of Kansas, and it is unlawful for any charitable organization, professional fundraiser, or professional solicitor to represent that its registration with the state constitutes an endorsement. K.S.A. 17-1771.

Are professional solicitors required to provide specific information when soliciting?
Yes. Kansas law, specifically, K.S.A. 17-1766, requires a solicitor to provide the following information: The organization's name, address, telephone number and registration number, the professional solicitor's registration number (if applicable), and to explain that there is an annual financial report for the organization from the preceding year on file with the Secretary of State.

What is a professional fundraiser?
A professional fundraiser is defined in Kansas law at K.S.A. 17-1760(d). A professional fundraiser is a person who contracts with, or is compensated by, a charitable organization for the primary purpose of soliciting funds. Professional fundraisers often help plan solicitations and prepare solicitation materials.

What are the filing requirements for a professional fundraiser?
K.S.A. 17-1764 requires any professional fundraiser conducting fundraising in Kansas to register with the Secretary of State. The fundraiser registers by submitting a written application made under oath. The registration expires on June 30, and must be renewed annually. All professional fundraisers must also file an annual report containing the names and addresses of the organization and its officers, directors, and employees, the names of the individuals who are responsible for the organization's conduct, and general financial information.
(L. 2001, Ch 105).

What is a professional solicitor?
A professional solicitor is defined in Kansas law at K.S.A. 17-1760(e). A professional solicitor is a person who is employed or compensated by a professional fundraiser to solicit contributions in this state.

What are the filing requirements for a professional solicitor?
K.S.A. 17-1765 sets forth the filing requirements of professional solicitors. A professional solicitor must register with the Secretary of State. The registration expires on June 30, and must be renewed annually. The solicitor is issued a license after submitting a written application made under oath to the Secretary of State.

What types of conduct constitute illegal acts under the Charitable Organizations and Solicitations Act?
K.S.A. 17-1769 prohibits the following illegal acts: (1) violating or failing to comply with the requirements of the act, (2) using any deceptive practices, such as exaggerating or concealing a material fact, (3) misrepresenting that the contribution will benefit a charity by unauthorized use of its name or symbol, (4) using donations for unauthorized purposes, and (5) using the registration to imply endorsement by the state.

If I believe that a charitable organization or its fundraisers and solicitors have violated the Charitable Organizations and Solicitations Act, what do I do?
You should contact the Consumer Protection Division of the Attorney General's Office or your county attorney. Once a complaint is received, the Attorney General's office will contact the charity directly and ask for an explanation of its actions.

What are the penalties for violations of the Charitable Organizations and Solicitations Act?
The violator of the act is liable to the aggrieved contributor or to the state or county for payment of a civil penalty of not more than $10,000 for each violation. In addition, the Attorney General and county or district attorney may collect reasonable expenses and investigation fees. Additional penalties may be imposed if the violation is committed against an elderly or disabled person. (L. 2001, Ch. 105)

Are all charitable organizations required to file?
No. Certain charitable organizations are exempt from registration. The list of exemptions is contained in K.S.A. 17-1762.