Charitable Fundraising Platforms

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New regulations (Cal. Code Regs., tit. 11, § 314 to 323) implementing California’s Charitable Fundraising Platforms law (Gov. Code, § 12599.9):

  • Section 314 (definitions): effective March 26, 2024;
  • Section 315 (registration and filing requirements): effective June 12, 2024;
  • Section 316 (good standing of charities): effective March 26, 2024;
  • Section 317 (solicitation disclosures): effective March 26, 2024;
  • Section 318 (charity consent for solicitations): effective January 1, 2025;
  • Section 319 (tax donation receipts): effective January 1, 2025;
  • Section 320 (sending of donations to charities): effective January 1, 2025;
  • Section 321 (accounting of donations to charities): effective January 1, 2025;
  • Section 322 (sending of donations transparency): effective January 1, 2025; and
  • Section 323 (donations held by platform users): effective March 26, 2024.

On January 1, 2023, certain sections of the Charitable Fundraising Platforms law set forth in section 12599.9 of the Government Code became operative. Key provisions include:

  • Charitable fundraising platforms and platform charities shall comply with the good standing requirements. (Gov. Code, § 12599.9, subds. (a)(3) and (d).) The Registry of Charities and Fundraisers maintains a list of charities that may not operate or solicit in California. Also see lists from the Internal Revenue Service and the Franchise Tax Board.
  • Donations cannot be diverted or misused, and shall be maintained in a separate account from other funds belonging to a charitable fundraising platform or platform charity. (Gov. Code, § 12599.9, subd. (h).)
  • Charitable fundraising platforms and platform charities are required to make conspicuous disclosures that prevent the likelihood of donor deception or confusion, when applicable. (Gov. Code, § 12599.9, subds. (e) and (f)(2)(B).)
  • Solicitations for “non-consenting” charities shall comply with Government Code section 12599.9, subdivision (f)(2).

The registration and filing requirements (Gov. Code, § 12599.9, subds. (b) & (c); Cal. Code Regs., tit. 11, § 315) become operative June 12, 2024. Before this date, the Registry of Charities and Fundraisers’ Online Filing Service will become available. The Online Filing Service is the only way through which charitable fundraising platforms can register, and for charitable fundraising platforms or platform charities to submit other filings. User accounts will be required. Visit this web page for more information as it becomes available, including answers to frequently asked questions.