Sean R. Weissbart, Esq. is Counsel at Morris & McVeigh LLP in NYC, focusing on domestic and international estate planning, estate and trust administration, and litigated matters in the Surrogate’s Court. He also advises tax-exempt organizations on matters from applications for tax exemption to avoidance of excise taxes and UBTI. He is an Adjunct Professor at Fordham Law School, a frequent lecturer on tax-related subjects, and author of articles featured in The ACTEC Law Journal, The Journal of Taxation, and Estate Planning. He has received the MFY Justice Award for outstanding pro bono representation and has been recognized as a “Rising Star” by Super Lawyers magazine.
Laws Regulating Online Solicitation by Charitable Organizations
Re-Broadcast on December 4, 2017
Obtaining tax-exempt status is not the only legal requirement imposed on charitable organizations. Although not widely known, the laws of most states require charities to register within the state before soliciting funds. In fact, a charity may be deemed to be soliciting funds in many states merely by having a “donate now” button on its website. To make matters more complicated, the fundraising registration process differs by state.
This program covers the state laws governing online solicitation by charities. Specifically, this program addresses the genesis of solicitation laws and online solicitation laws; the differences in state laws in both the registration process and regulation of solicitation by charities; the different exceptions and exemptions to state registration requirements; and strategies to most efficiently handle the registration process.
This course is co-sponsored by Wolters Kluwer.
Key topics to be discussed:
• Definition of Solicitation and Online Solicitation
• The Non-Uniformity of State Charitable Solicitation Laws
• Exceptions and Exemptions to the Registration Requirements
• Practical Tips to Most Efficiently Register Your Charity
Date / Time: December 4, 2017
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
mylawCLE seeks approval in all states except VA.
CLE 2.00 – AK
CLE 2.00 – IA
CLE 2.00 – MP
CLE 2.40 – NY
CLE 2.00 – UT
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.
Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).
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myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.
Section I. State Law Requirements for Charitable Solicitation Registrations
a) Definition of Solicitation
b) The Charleston Principles: Definition of Online Solicitation
c) State Application of the Charleston Principles
i. Myriad of Exemptions
e) Exceptions and Exemptions
f) Penalties for Non-Compliance
Section II. Charitable Solicitation Registration Procedure
a) The Tenth Amendment and States’ Rights to Make Up 38 Different Procedures
b) Saving Grace?: The Unified Registration Statement
c) Non-Universal Acceptance of the Unified Registration Statement
d) Plans for a Universal Procedure
e) Renewal Registrations
f) Determining Where and Whether to Register