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Massachusetts regulates paid charitable fundraising through categories that include professional fundraising counsel, commercial co-venturers, and professional solicitors. A professional solicitor generally faces annual registration plus campaign-specific filings, written contracts, solicitation disclosures, records, and financial reports.
Massachusetts uses the term professional solicitor for a category that many states call a professional fundraiser. Classification depends on the actual services and custody of funds, so a company should review Chapter 68 and current Attorney General guidance before using a label.
Massachusetts General Laws Chapter 68 defines professional fundraising roles and governs charitable solicitation. A professional solicitor generally solicits contributions for compensation, directly or through agents, while professional fundraising counsel advises or manages solicitation without directly soliciting or receiving contributions.
A commercial co-venturer conducts a charitable sales promotion in connection with selling goods or services. One business model can require analysis under more than one category, especially when a paid platform also controls campaign communications or charitable funds.
The Massachusetts Attorney General's professional fundraiser guide is the most practical starting point. Counsel should also review the current statutory definitions and the planned agreement, scripts, customer journey, compensation, and funds flow.
Massachusetts law requires professional fundraising counsel, commercial co-venturers, and professional solicitors to register before acting for a charitable organization in the state. Professional solicitors also register each campaign using Form 10A, while commercial co-venturers use Form 10B.
The Attorney General's public filing guidance states that these campaign records are searchable. Registration is not an endorsement by the Commonwealth, and solicitors should not represent it as approval.
Use the current Massachusetts charities forms page for forms and instructions. Filing methods have changed over time, so do not rely on an old PDF or historical process without confirming the current portal and payment steps.
Chapter 68, section 22 requires covered contracts with a charitable organization to be written, signed by two officers of the charity, and filed with the division within 10 days after the agreement is entered into. The agreement should match the campaign registration and actual operating roles.
Section 23 requires solicitations by professional solicitors and commercial co-venturers to identify the charitable organization and explain how contributions will be used, state that the solicitation is conducted by a paid fundraiser, and include other required disclosures.
Massachusetts also prohibits deceptive practices. Review the Attorney General's solicitation guidance, approved scripts, digital pages, receipts, and training materials before launch. Save the final production version, not only the legal draft.
The professional solicitor and charity should maintain records that reproduce gross contributions, refunds, fees, expenses, compensation, and net funds delivered. Records should also connect the individual solicitation or transaction to the campaign, charitable purpose, and receipt or confirmation.
Professional solicitation campaigns generally require a closing financial report using Form 11A. The charity and solicitor should reconcile the report before filing so the campaign record, bank activity, ledger, and accounting agree.
Massachusetts can impose civil penalties for violations, including daily penalties for regulated fundraisers under Chapter 68. Teams should track accepted registration, campaign filing, contract, bond if applicable, disclosures, financial report, and regulator correspondence through closure.
Create a Massachusetts campaign file with classification memo, charity status, annual registration, bond, written contract, officer signatures, Form 10A, approved solicitations, scripts, personnel, contribution ledger, bank records, expenses, payouts, and Form 11A.
Use launch gates. Do not solicit until the charity is registered when required, the solicitor's registration is active, the agreement is signed, the campaign filing is complete, and production disclosures match the approved language.
Change's professional fundraiser compliance workflows can help organize registrations, campaign records, deadlines, and financial reporting. Use the professional fundraiser classification guide to prepare facts for counsel, then verify Massachusetts requirements against current primary sources.
Implementation review. Build a Massachusetts checklist that distinguishes the fundraiser's annual registration from the campaign filing and charity's own status. Record the fundraiser category, AG account number, bond, registration period, Form 10A, contract filing, solicitation start and end dates, approved scripts, campaign bank and ledger, and Form 11A.
Compare the contract, Form 10A, disclosures, and operating system before launch. The charity name, charitable purpose, campaign dates, geographic scope, compensation, custody of funds, and financial terms should agree. If an amendment changes a material term, counsel should determine whether an updated filing or approval is required.
Train every person and channel that solicits. Telephone scripts, event remarks, email, web pages, social posts, receipts, and customer-service responses should include the applicable disclosures and avoid implying state endorsement. Retain the version used and the period it was active.
Reconcile the campaign throughout its life rather than waiting for the final report. Compare gross contributions, refunds, processor fees, fundraiser compensation, campaign expenses, transfers, and net charitable funds. Investigate differences while source records are available. At closeout, obtain required signatures, submit the financial report through the current method, respond to any deficiency, confirm acceptance, and retain the evidence for the applicable record period.
Review compensation and cash handling with particular care. The agreement and campaign report should identify how the solicitor is paid, which expenses are reimbursable, who controls accounts, and how often the charity receives funds and statements. Change's sweepstakes and auction resources can support charitable campaign operations, but Massachusetts fundraising compliance is separate from prize, gaming, tax, and consumer-promotion law. Campaigns using auctions or sweepstakes need both analyses.
Set a regulatory update review at least annually and before each new campaign. Confirm the active forms, fees, portal instructions, bond amount, contract language, disclosure rules, report deadline, and responsible Attorney General unit. Massachusetts may update administrative procedures even when the statute is unchanged.
When a campaign reaches other states, do not copy the Massachusetts checklist as a national rule. Create a jurisdiction matrix for registration, bond, contract filing, disclosures, custody of funds, campaign notice, closing report, and record retention. Apply the strictest control only when it is operationally appropriate, while preserving each state's required form and timing.
Give the charitable organization timely access to campaign records and financial activity. Both parties should review results before the closing report, document corrections, and retain the final signed version with filing confirmation and supporting ledger evidence.
Massachusetts uses several categories, including professional solicitor and professional fundraising counsel. The correct category depends on the services and funds flow.
Massachusetts guidance identifies Form 10A for each professional solicitor campaign, in addition to annual registration requirements.
Chapter 68, section 22 states that a covered written agreement must be filed within 10 days after it is entered into.
Massachusetts law requires identification of the charity and use of funds, a statement that a paid fundraiser conducts the solicitation, and other required disclosures.
Form 11A is the professional solicitor campaign financial report. Confirm the current form, signatures, timing, and filing method with the Attorney General.
This article provides general information, not legal, tax, or accounting advice. Consult qualified advisers about your specific program and jurisdictions.
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