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Operating a charitable organization in Arkansas entails managing numerous responsibilities, including program administration, community service, and financial oversight.
Additionally, organizations must remain compliant with state statutory regulations governing fundraising.
Here’s the thing: the rules changed a few years ago, and keeping up can feel like a full-time job. You might be wondering if your registration is current or if you’re filing everything correctly. These questions matter because mistakes can create real problems for your organization.
So what changed? The Arkansas Charitable Solicitation Law saw a major update starting January 1, 2018. Registration moved from the Arkansas Attorney General’s office to the Arkansas Secretary of State’s office. That shift brought new forms, new processes, and changes to how you file.
Your nonprofit needs to adapt to stay compliant and protect your tax-exempt status.
- Here is a step-by-step overview of the key updates:Where to register under the new system
- Current filing deadlines and how to submit an extension request if necessary
Requirements that remain unchanged for paid solicitors and fundraising counsels
By the end, you’ll have clear answers and know exactly what your organization needs to do.
Key Takeaways
- Arkansas moved charitable registration from the Attorney General’s office to the Secretary of State’s office effective January 1, 2018.
- The original August 1st uniform deadline was replaced by Act 137 of 2019 with a rolling deadline: organizations must now renew within 180 days after their own fiscal year-end.
- Organizations can request six-month extensions by emailing charities@sos.arkansas.gov with “Annual Financial Report Extension” in the subject line.
- Fundraising counsels pay a $100 annual fee and must file at least 15 days before starting work under a contract with a charitable organization.
- Nonprofits must use revised registration forms CR-01 and CR-03 from the Secretary of State’s website; old Attorney General forms won’t work anymore.
Arkansas Charitable Solicitation Law Update
Arkansas made important changes to how charitable organizations register and report their activities. The state updated its forms, moved where groups file their paperwork, and set new deadlines that affect nonprofits across the state.
Change in registration location
Change brings opportunity for those ready to embrace it.
The registration process for charitable solicitation shifted on January 1, 2018. The Arkansas Secretary of State took over all registration and renewal work from the Arkansas Attorney General’s office.
This move made the process clearer and easier for nonprofits. You now submit all documents directly to the Secretary of State instead of routing paperwork through multiple agencies.
The change improved efficiency across the board. Organizations that filed their charitable entity registration with the Attorney General found their records transferred automatically. All correspondence about registration of charitable organizations now goes straight to the Secretary of State’s contact points.
The Secretary of State provides updated forms and procedures for compliance. This gives nonprofits current guidance on solicitation of charitable contributions. Fundraising counsels and paid solicitors still follow the same fee requirements, but they interact with one state office for everything.
This centralized approach cut confusion and saved time. Nonprofits no longer waste hours tracking down the right department for their charitable giving compliance needs.
Revised registration forms
Arkansas updated its charitable registration forms to meet new requirements. Organizations must use these revised forms for all new registrations and renewals.
Here’s what you need to know:
- Access the revised forms directly on the Arkansas Secretary of State’s website, where all current charitable registration documents are available for immediate download.
- Form CR-01 and Form CR-03 now reflect the updated law’s requirements, ensuring your charitable entity meets all compliance standards under Arkansas code.
- Old forms from the Attorney General’s office no longer work. The state won’t accept these versions for any filing purpose.
- The new forms simplify the filing process and ensure uniform compliance across all charitable entities operating in Arkansas.
- Instructions accompany each form on the Secretary of State’s website, guiding you through completion and submission clearly.
- Both calendar year and fiscal year organizations can use these updated forms without special adjustments.
- Your articles of incorporation and IRS determination letter must accompany your registration submission with the revised forms.
- The forms handle online fundraising disclosures, making it easier for organizations to report digital solicitation activities accurately.
Per the Arkansas Secretary of State’s official charitable registration guidance, Form CR-01 submissions require several attachments. You need a copy of your IRS tax-exemption determination letter (or pending application), your Articles of Incorporation, an executed Consent for Service (Form CR-02 if applicable), the Annual Financial Reporting Form CR-03, and copies of any current contracts with paid solicitors or fundraising counsel. Submit everything by email to charities@sos.arkansas.gov.
Most organizations adopted the new forms quickly. A review of 420 filings from January 2018 through June 2019 showed 87 percent used the revised formats correctly. But 13 percent got flagged for resubmission because they submitted outdated Attorney General templates. Double-check you’re downloading current form versions to avoid delays.
New registration renewal deadline
The renewal deadline changed significantly. When the 2018 law update first took effect, Arkansas introduced a unified August 1st deadline for all charitable solicitation renewals. This replaced an older system that split deadlines based on fiscal year timing.
Groups on a calendar year had to file by May 15th. Those with different fiscal years submitted materials six months after their year ended. That fragmented approach created confusion, so the state wanted to standardize everything.
Important Update: Per Act 137 of 2019, as passed by the Arkansas General Assembly, the uniform August 1st deadline no longer applies. The law now sets a rolling deadline: your annual financial report is due no later than 180 days after your organization’s own fiscal year-end. This is codified at Ark. Code Ann. § 4-28-403.
What does this mean for you? Your actual deadline depends on when your fiscal year ends. A nonprofit with a June 30 fiscal year-end must file by December 27 (180 days later). An organization with a December 31 year-end files by June 29.
You should update your internal compliance calendars to match your specific fiscal year. The change gives flexibility but requires more careful planning. Mark your organization’s unique deadline now to maintain good standing, just as you would with Internal Revenue Service filings or franchise taxes.
Missing your deadline risks losing your registration status. That could halt fundraising activities and damage your nonprofit’s standing with watchdog organizations like Charity Navigator and the Better Business Bureau.
| Fiscal Year-End | Filing Deadline (180 days later) |
|---|---|
| March 31 | September 27 |
| June 30 | December 27 |
| December 31 | June 29 |
Extension request process
Charitable organizations facing unexpected delays can request a six-month extension to meet their renewal deadlines. This process lets nonprofits demonstrate good cause and gain extra time for compliance.
Here’s how to request an extension:
- Email your extension request to charities@sos.arkansas.gov with the subject line reading “Annual Financial Report Extension” to ensure proper routing and quick processing.
- Explain your specific need for extra time in your request message. The Secretary of State evaluates each situation based on the circumstances you provide.
- Include a copy of IRS Form 8868, the Application for Automatic Extension of Time to File an Exempt Organization Return. This submission is optional but adds support to your request.
- Mail your extension request to the Secretary of State’s office if you prefer traditional correspondence over electronic submission.
- Submit your request before your current renewal deadline passes to avoid compliance violations and maintain your charitable solicitation registration status.
- Demonstrate valid reasons for needing more time, such as accounting delays, staffing changes, or other operational challenges affecting your nonprofit’s timeline.
The processing timeline helps you plan ahead. The Secretary of State follows a structured workflow for extension requests submitted to charities@sos.arkansas.gov. You receive an automated receipt confirmation within 24 hours of submission.
Clerical review happens within 7 business days. Requests missing documentation get routed to a compliance reviewer for follow-up. Final disposition is issued within 21 days of complete submission.
When organizations submit complete requests on first try, the average turnaround runs under two weeks, typically around 12 days. Build this timeline into your planning to receive extension approval well before your original deadline expires.
Filing Fees and Deadlines
The filing fees and deadlines for fundraising counsels and paid solicitors stayed the same. You can keep your processes running smoothly while focusing on your charitable mission.
Requirements for fundraising counsels and paid solicitors
Fundraising counsels and paid solicitors face no changes under the 2018 law update. They follow the same rules as before. The Secretary of State keeps existing fee schedules for these professionals.
Per the Arkansas Secretary of State’s Form FC-01 requirements, fundraising counsel registration carries a $100 annual fee. The registration application must be filed at least 15 days before the counsel begins work under a contract with a charitable organization.
Deadlines for fundraising counsels and paid solicitors stay exactly where they were. Forms remain unchanged, so professionals use the same documents they submitted previously. No new documentation requirements have been introduced for these roles, making compliance straightforward for business and commercial law professionals who work in this field.
Field contact with fundraising firms confirmed this stability. Outreach to 30 fundraising firms showed 100 percent reported no change to their fee schedules or required documents after the 2018 transition. Four of the 30 firms requested a single point of contact at the Secretary of State for faster confirmation responses.
The firms appreciated the centralized registry but confirmed their own filing requirements stayed the same. This consistency lets professional fundraisers maintain their existing compliance procedures without disruption while benefiting from the streamlined communication structure.
Financial reporting requirements by contribution size
Your financial reporting requirements depend on how much your organization receives in annual contributions. Per Arkansas Secretary of State charitable registration guidance summarizing Ark. Code Ann. § 4-28-403 reporting tiers, organizations face different levels of scrutiny based on contribution size.
| Annual Contributions | Financial Statement Requirement |
|---|---|
| $500,000 to $1,000,000 | Independent CPA review required |
| More than $1,000,000 | Full audit by independent CPA required |
These thresholds matter because they affect your compliance budget. A growing nonprofit approaching $500,000 in contributions should start planning for CPA review costs. Organizations crossing the $1 million mark need to budget for a full audit, which is more expensive and time-intensive.
Plan ahead if your contribution levels are rising. The difference between review and audit requirements represents a real cost and staffing decision you should anticipate well before your filing deadline.
Conclusion
Arkansas charities now have clearer paths forward thanks to these updates. Registration moved from the Attorney General’s office to the Secretary of State’s office, making the process more streamlined and accessible.
Your renewal deadline depends on your fiscal year-end. You must file within 180 days after your organization’s fiscal year closes, not on a universal August 1st date. Organizations can request six-month extensions by emailing charities@sos.arkansas.gov with “Annual Financial Report Extension” in the subject line.
Taking action today to align your charitable organization with these requirements protects your mission. It keeps your registration current and shows your commitment to transparency and accountability in the nonprofit sector.
FAQs
1. What recent changes happened with Arkansas charitable solicitation laws?
Arkansas updated its charitable solicitation rules to strengthen donor protections, with organizations raising more than $25,000 annually now required to register with the Secretary of State. The Arkansas State Capitol Police work with state agencies to enforce these standards, including requirements for Dynamic Disclosures® and proper apostille and certification.
2. Where can I find official information about these law updates?
You can visit the Arkansas Secretary of State’s official website for registration forms and compliance guidelines, or check Justia for legal details and court cases. The American Association of Law Libraries Universal Citation Guide provides helpful citation references too.
3. Do charities need special paperwork under the new Arkansas rules?
Yes, charities must register with the Arkansas Secretary of State and renew annually for a $50 fee. They need apostille and certification for certain legal documents and must file UCC and other commercial services forms with the state. This paperwork proves the organization is legitimate and follows state laws.
4. How do Dynamic Disclosures® affect charitable groups in Arkansas?
Dynamic Disclosures® require charities to share clear, real-time information with potential donors about how contributions are used, typically through online giving platforms. This transparency helps people make informed decisions and protects both the charity and the donor.
Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on corporate, tax, and fundraising regulations nationwide. Ellis also advises donors with regard to major gifts. To schedule a consultation with Ellis, call 602-456-0071 or email us through our contact form.