Can I use social media to fundraise in South Dakota? What are the requirements?

Fundraising through Social Media in South Dakota

South Dakota does not have specific laws or regulations regarding fundraising through social media. However, there are certain requirements that must be met in order to conduct fundraising activities in the state.

Registration Requirements

If you plan to solicit donations from South Dakota residents, you may need to register with the South Dakota Secretary of State’s office. According to SDCL 37-25-3, any charitable organization that solicits contributions in South Dakota must register with the Secretary of State’s office.

Disclosure Requirements

Charitable organizations that solicit contributions in South Dakota must also comply with certain disclosure requirements. According to SDCL 37-25-10, charitable organizations must provide donors with a written disclosure statement that includes the following information:

• The name and address of the charitable organization
• A statement of the charitable purpose for which the solicitation is made
• The name and address of the person who will receive and manage the funds
• A statement indicating whether any part of the contribution will be used to pay for fundraising expenses
• A statement indicating whether the contribution is tax deductible

Conclusion

While South Dakota does not have specific laws or regulations regarding fundraising through social media, charitable organizations must comply with registration and disclosure requirements if they plan to solicit donations from South Dakota residents. It is recommended that you consult with an attorney or accountant to ensure that you are in compliance with all applicable laws and regulations.

Jurisdiction

South Dakota

• General