Delaware currently has no State statute requiring registration of charitable solicitations or fundraisers with the Department of Justice or another state agency.

However, Delaware has mandated specific disclosure requirements for the solicitation of donations: 1) the solicitor must identify themselves and the agency for which the funds are solicited and 2) donors are entitled to question how the funds will be allocated between administrative costs and actual charitable use. More information can be found at 6 Del. C. §2591 et seq.

Further, all state laws applicable to fraud and fraudulent transactions are required to be observed. Any violations will result in civil or criminal prosecution. Neither the Delaware Division of Revenue nor the Department of Justice can provide individuals with legal advice. You should consider consulting a private attorney before initiating any fundraising activity.

If you are a foreign corporation doing fundraising in Delaware, you must comply with 8 Del. C. §371 et seq. and Article IX, of §5 of the Delaware Constitution. These sections require foreign corporations doing business in Delaware to appoint a registered agent and to make annual filings.