New Compliance Requirement for Colorado Charitable Solicitations

Overview: Colorado is now requiring certain nonprofits to satisfy corporate requirements before completing charitable solicitation registration, adding an extra compliance step for some organizations. For foreign nonprofits, that may mean filing a Statement of Foreign Entity Authority. For Colorado domestic nonprofits, it means being in good standing. What looks like a procedural change could have a broader impact on filing timelines, annual obligations, and overall registration strategy.

In most cases, if a nonprofit is based in one state and only fundraises in another state, that alone does not usually mean the nonprofit has to register there as a business. 

However, in a few states (e.g. California, Washington, D.C., and North Dakota), corporate statutes or rules do require nonprofits to register to conduct business, even if interstate charitable solicitation (e.g. direct mail, email, or phone calls) is the only activity conducted.

What Changed in Colorado for 2026 Charitable Solicitation Filings

Starting with registrations and renewals, due in 2026, we can now add Colorado to this list of states. This is not due to a change in Colorado’s rules or statutes, but rather a change in philosophy and enforcement. 

Colorado’s corporate statute has always required foreign nonprofits soliciting in the state to qualify to conduct business, but this was not enforced by state officials.  A recent change in personnel and philosophies has resulted in the enforcement of this requirement. 

Charities needing to file initial, or renewal charitable registrations now have a prerequisite to meet corporate good standing for Colorado domestic nonprofits and corporate qualification for foreign nonprofit organizations (nonprofits incorporated outside of Colorado).  For foreign nonprofits this requires the filing of a Statement of Foreign Entity Authority (SOFEA).

Understanding the Two Key Filings: Corporate Registration vs. Charitable Solicitation Registration

It is important to distinguish between these two separate but linked requirements:

Why this Colorado Corporate Registration Enforcement Shift Matters

This is a reversal of longstanding policy, but it is not the first time this has happened in Colorado.  Over a decade ago, corporate filings were required as a prerequisite for charitable registration, but the requirement was dropped by past administrations.  This new requirement will represent a substantial regulation and expense for foreign nonprofits. Organizations may now need to qualify to conduct business in the state, appoint a registered agent, and file an annual corporate report, all in addition to the charitable solicitation registration requirements for organizations soliciting in Colorado. 

As filing expectations continue to evolve, nonprofit organizations may benefit from a consistent approach to monitoring changes, managing renewals, and coordinating related corporate and charitable solicitation requirements. 

This article is provided for informational purposes only and should not be considered, or relied upon, as legal advice.