Professional Fundraiser Registration
Under the New Mexico Charitable Solicitations Act, NMSA 1978 § 57-22-6.1, professional fundraisers are required to register with the New Mexico Department of Justice before entering into a contract with any charitable organization.
Please review our FAQs below to determine whether professional fundraiser registration is appropriate in your situation.
A professional fundraiser who fails to register with the Attorney General may be assessed a late registration fee of five hundred dollars ($500.00).
If you have any questions regarding professional fundraiser registration, please contact us.
Who Qualifies as a Professional Fundraiser?
A professional fundraiser includes any person who solicits or employs or directs other to solicit contributions from the public on behalf of a charitable organization in exchange for compensation, and has custody or control of the contributions, provided that this person is not a director, officer, bona fide employee or salaried officer, volunteer, attorney, accountant or investment counselor of a charitable organization.
Note: The statutory definition of the term “contributions” is very important in distinguishing a professional fundraiser from professional fundraising counsel. A contribution does not only refer to money. It includes “the promise, grant or pledge of any money, credit or property of any kind…in response to a solicitation.” Thus, even if an individual makes a solicitation and takes a pledge, but the actual money is sent to another party, the individual is still considered a professional fundraiser under New Mexico Statute and required to register and report as such.
Who Qualifies as Professional Fundraising Counsel?
Professional fundraising counsel refers to a person who provides services or employs or directs others to provide services for compensation to a charitable organization on the solicitation of contributions, provided that person does not:
- directly solicit contributions; or
- receive, have access to or control any contribution received in response to the solicitation provided that this person is not a director, officer, bona fide employee or salaried officer, volunteer, attorney, accountant or investment counselor of a charitable organization.
Again, the statutory definition of the term “contributions” is very important in distinguishing professional fundraiser from professional fundraising counsel. A contribution does not only refer to money, but also includes “the promise, grant or pledge of any money, credit or property of any kind…in response to a solicitation.” Thus, even if an individual makes a solicitation and takes a pledge, but the actual money is sent to another party, the individual is still considered a professional fundraiser under New Mexico Statute and required to register and report as such.
An individual with professional fundraising counsel status does not have to register separately in New Mexico, but must be listed on the charities annual financial report.
Annual Reporting
Annual reporting to the New Mexico Department of Justice is not separately required. However, professional fundraisers are required to account in writing at least every six months to the charitable organization in accordance with NMSA 1978 § 57-22-6.4.
How Does a Professional Fundraiser Register?
The New Mexico Department of Justice is unable to accept electronic registrations from professional fundraisers at this time. Individuals must send a hard copy with all required attachments to our office, following the instructions enclosed in the registration application below.
