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Compliance Insights

Common Mistakes in State Charitable Registrations & How to Avoid Them

Amar Shah
September 24, 2024
Amar Shah

Navigating the complexities of nonprofit state registration and renewal is no easy task. Whether a nonprofit organization handles it internally or outsources it to a law firm, the process can be filled with common errors that lead to delays, penalties, frustration, and low morale. The intricate details of state-specific requirements, combined with varying deadlines, forms, and financial disclosures, make this process vulnerable to mistakes. Below, we’ll explore some of the most frequent errors nonprofits and law firms encounter and offer practical solutions for avoiding them.

1. Spelling Errors and Incorrect Data Entry

Even the smallest mistakes can cause problems in state filings. Spelling errors in board members’ names, addresses, or the names of professional fundraisers and commercial co-venturers can lead to rejected applications, delaying approvals and putting fundraising efforts on hold. 

How to avoid it: Double-check all information before submission. Encourage nonprofits to provide accurate, up-to-date records. If multiple team members are involved, implement a review process where at least two people verify the accuracy of the data before submission.

Using Change’s platform, law firms can reduce the likelihood of manual entry errors with a questionnaire that consolidates all state questions. This allows for accurate data entry once, preventing re-entry mistakes across multiple states.

2. Revenue Reporting Errors

Some states ask for very specific financial information, such as revenue generated within that state, making it easy for nonprofits or their legal teams to make addition or subtraction errors. Incorrectly reported revenue, whether due to miscalculations or confusion over what counts as state-specific revenue, can result in fines or even revoked fundraising permissions.

How to avoid it: Ensure proper bookkeeping practices are in place, specifically tracking revenue from each state. Make sure to reconcile state-specific revenue with the organization’s overall financial statements before filing. Consider using accounting software that can break down revenue by state to simplify reporting.

Change’s state-by-state tracking feature helps law firms keep accurate financial records for each nonprofit client, minimizing the chances of making errors when reporting revenue across multiple jurisdictions.

3. Missing State Deadlines

Each state has its own charitable registration and renewal deadlines, and keeping track of 38 different due dates can be a major headache. A missed deadline can lead to late fees, penalties, or the temporary suspension of fundraising activities in that state.

How to avoid it: Develop a calendar system that tracks each client’s deadlines, incorporating reminders at regular intervals leading up to each due date. Using software that automates deadline tracking is highly recommended to avoid missing any key dates.

Change’s state-specific tracking tools allow law firms to stay on top of deadlines, sending notifications as deadlines approach to ensure registrations are completed on time.

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4. Failing to Register in the Correct States

Many nonprofits and their legal representatives are unaware of the registration requirements in certain states, particularly when it comes to online donations. Some states mandate registration before any charitable solicitation can occur. This includes having a “donate” button on the nonprofit’s website, even if no direct solicitation occurs within that state.

How to avoid it: Conduct an audit of where your nonprofit is soliciting donations, including online and through mail campaigns. Make sure to research each state’s rules regarding charitable solicitation to ensure compliance before launching a campaign.

A solution like Change can assist with determining which states require registration for each nonprofit client, ensuring no state is overlooked.

5. Challenges of Manual Data Entry for State Forms

While 29 states now offer online filing systems, around 9 states still require nonprofits to submit paper documents via snail mail. For organizations registering in multiple states, managing both digital and paper-based filings becomes a logistical challenge. Keeping track of which state requires what and ensuring all forms are filled out correctly can be overwhelming.

How to avoid it: Stay organized by creating a clear system to track which states require online vs. paper filings. Assign dedicated staff to handle both types of submissions. For law firms, investing in technology that consolidates and organizes this information can significantly ease the burden.

With Change’s custom-built Chrome extension, law firms can auto-fill state-specific forms on behalf of their nonprofit clients, reducing the manual labor involved in both online and paper filings.

6. Missing Attachments and Documentation

State registrations often require nonprofits to submit additional documents such as financial statements, fundraising agreements, and copies of contracts with commercial co-venturers (CCVs) or professional fundraisers. Forgetting to include required attachments can cause applications to be delayed or rejected.

How to avoid it: Maintain a checklist of all required documents for each state registration or renewal. Before submitting the registration, perform a final check to ensure all attachments are included. Having a document management system that stores key files for each nonprofit can help prevent oversight.

Change’s document center allows law firms to securely upload and manage all relevant documents for each nonprofit client, ensuring no attachments are missed.

7. Inconsistent Information Across State Registrations

When registering in multiple states, nonprofits may inadvertently submit inconsistent information, such as different addresses, officer lists, or financial data. Inconsistent filings can raise red flags with state regulators and cause delays or additional inquiries.

How to avoid it: Standardize the information provided to all states by keeping a single, accurate source of truth for each client’s details. Ensure any updates to a nonprofit’s information are reflected across all states in which they are registered. Before submitting multiple state filings, review all documents to ensure consistency.

With Change, all necessary information is stored in a single platform, making it easier to maintain consistent data across all 38 states that have charitable renewal requirements.

Conclusion

Managing nonprofit state registrations and renewals is a complex, time-consuming process, prone to a variety of common errors. From spelling mistakes and missed deadlines to revenue calculation errors and inconsistent filings, nonprofits and law firms must take careful steps to ensure compliance across all states. By implementing organized systems, leveraging technology, and maintaining clear communication with clients, law firms can avoid these pitfalls and provide timely, accurate registrations for their nonprofit clients.

At Change, we simplify nonprofit state registration and renewal processes with a platform that manages filings across all 38 states that require renewals. Our solution streamlines data entry, tracks state-specific deadlines, and provides a centralized document center to ensure consistent and compliant filings for each of your nonprofit clients.

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