Registering with the NYS Charities Bureau

Fundraising professionals are required by law to register annually and file fundraising contracts with the Attorney General's Office. Additionally, depending on the nature of their activities, financial reports must also be filed.  As of 7/1/14, Grant Writing Consultants are no longer considered fundraising counsels and are not required to register with the New York State’s Department of Law’s Charities Bureau as a "Fund Raising Counsel" (FRC).

The law reads as follows:

9. "Fund raising counsel." Any person who  for  compensation  consults with  a  charitable  organization  or  who  plans,  manages, advises, or assists with respect to the solicitation in this state of  contributions for  or  on  behalf  of a charitable organization, but who does not have access to contributions or other receipts from a solicitation or authority to pay expenses associated with a  solicitation  and  who  does  not solicit.  A  bona  fide  officer, volunteer, or employee of a charitable organization or an attorney at law retained by a charitable organization OR AN INDIVIDUAL ENGAGED SOLELY TO DRAFT APPLICATIONS FOR FUNDING FROM A GOVERNMENTAL AGENCY OR  AN  ENTITY  EXEMPT  FROM  TAXATION  PURSUANT  TO SECTION  501(C)(3)  OF  THE INTERNAL REVENUE CODE, shall not be deemed a fund raising counsel."

However, please be aware that if you provide other development services like writing annual appeals or capital campaign materials, then you must register as a Fund Raising Counsel (FRC), Professional Fundraiser, or Professional Solicitor.  For information on each, and to learn more about the process of registering with the State, visit: www.charitiesnys.com/fund_raising_counsel_new.

Benefits of Registration

Many nonprofits view the FRC as a distinction like the GPC or CFRE, and wrongly assume that it qualifies and recognizes the professionalism of grants and fundraising consultants. Since few grant writers and fundraisers in New York State are registered, use your registration as a selling tool.  Promote your registration; mention it on your business card, brochure and website.