Utah Statewide Rule
Utah Charitable Solicitations Act Statewide Registration
Key Facts
- Statute
- Utah Code 13-22
- Administering agency
- Division of Corporations
- Effective date
- January 1, 2025
- Annual filing
- IRS Form 990
Summary
Utah Code Title 13, Chapter 22 (Charitable Solicitations Act) requires charitable organizations and professional fundraisers soliciting in Utah to register with the state, with administration transitioning to the Division of Corporations effective January 1, 2025.
13-22-104. Registration required. (1) Unless a person acting as a professional fundraiser registers with the division in accordance with Section 13-22-105, the person may not: (a) make or facilitate a charitable solicitation either directed toward the state or originating from the state; or (b) maintain a place of business in the state or employ an individual located in the state. (2) Unless a person acting as a professional fundraising consultant registers with the division in accordance with Section 13-22-105, the person may not: (a) maintain a place of business in the state or employ an individual located in the state; or (b) provide any service of a professional fundraising consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction.
Full Breakdown
Utah Code Title 13, Chapter 22 governs charitable solicitations statewide. Charitable organizations, professional fundraisers, and fundraising counsels must register before soliciting Utah residents. Effective January 1, 2025, registration moved from the Division of Consumer Protection to the Division of Corporations and Commercial Code, with annual upload of IRS Form 990 satisfying reporting. The Division of Consumer Protection retains enforcement authority over fraudulent or deceptive solicitations under 13-22-2. Local door-to-door solicitor permits remain a city function, but cities cannot impose registration requirements duplicative of state charitable registration on qualifying nonprofits, and content-based bans are restricted under First Amendment doctrine.
Violations & Penalties
Soliciting without state registration is a third-degree felony under 13-22-3 if obtained by fraud, otherwise a class B misdemeanor; civil penalties up to $1,000 per violation.
Frequently Asked Questions
Do charities need to register with Utah before fundraising?
Can a Utah city require its own permit on top of state charity registration?
Sources
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