A charitable organization may not knowingly solicit, promote, or sponsor a charitable solicitation that originates in Utah, is received in Utah, or is caused to be made through business operations in Utah unless the organization is either exempt under Section 13-22-8 or registered with the division under Section 13-22-6.
In addition, a professional fund raiser may not knowingly solicit, request, promote, advertise, or sponsor the solicitation in Utah of any contributions for a charitable organization unless the professional fund raiser and the non-exempt organization are both registered under the Charitable Solicitations Act.
Further, a professional fund raising counsel or consultant may not knowingly plan, manage, advise, counsel, consult, or prepare material for, or with respect to, the solicitation in Utah of a contribution for a charitable organization unless the professional fund raising counsel or consultant and the non-exempt organization are both registered under the Charitable Solicitations Act.
Frequently Asked Questions
Charitable organization is defined by the Charitable Solicitations Act to mean any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity
- that is or holds itself out to be:
- a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
- for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
- established for any charitable purpose;
- who solicits or obtains contributions solicited from the public for a charitable purpose; or
- in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation.
Utah Code Annotated §13-22-8 sets forth a list of organizations that are exempt from the registration requirement. Any organization that claims an exemption based on this list is required to apply to the Division for that status. The organization has the burden of proving its eligibility for, or the applicability of, the exemption claimed. Please note that the exempt status applies only to the registration requirement. Exempt organizations remain subject to all other provisions of the Charitable Solicitations Act.
To apply for exemption, please click on the a APPLY FOR REGISTRATION link to the left and then click the Request Exemption Online button.
Apply For Registration
- Statement of Functional Expenses
NOTE: Save PDF form to your desktop prior to completing.
We recommend you install and use the free Adobe Acrobat Reader DC software for this.
- Instructions for Statement of Functional Expenses form
- Fax Credit Authorization
Laws and Rules
- For information regarding Exemption Requirements – 501(c)(3) organizations, Exempt Organizations – Required Filings (IRS Form 990 information) please visit the IRS website at https://www.irs.gov/charities-non-profits/charitable-organizations
- To obtain copies of Determination Letters, Form 990-N (e-Postcard), Copies of Returns (990, 990-EZ, 990-PF, 990-T), Pub 78 Data, Auto-Revocation List, please visit the IRS website at https://www.irs.gov/charities-non-profits/tax-exempt-organization-search
- To register a new business name, DBA, renew a business, etc., please visit the Utah Department of Commerce, Division of Corporations and Commercial Code website at https://corporations.utah.gov