Determination of Online Solicitation

Determination of Online Solicitation. Pursuant to Miss. Code Ann. §§79-11-501 and 79-11-503, every charitable organization which solicits or intends to solicit contributions by any means shall file a registration statement with the Secretary of State unless exempt in accordance with §79-11-505. (A) Charitable organizations soliciting via the internet or by email are considered to be soliciting in Mississippi if any of the following apply: (1) The charitable organization maintains an account in a financial institution located in the State of Mississippi, a physical address or a mailing address; (2) The charitable organization specifically targets, as defined herein, by expending funds (by trade or otherwise) for internet solicitations to Mississippi residents; or (3) The charitable organization solicits donations via the internet or by email, by providing a “Donate Now” button or any other indirect form of solicitation and either: a) Receives, or intends to receive, in the charitable organization’s fiscal year contributions in the amount of at least Twenty Five Thousand Dollars ($25,000.00) from Mississippi residents; or b) Receives contributions from twenty five (25) or more Mississippi residents in the charitable organization’s fiscal year. (B) Any charitable organization soliciting via the internet or by email which does not meet the criteria provided in Rule 2.08(A) is not required to file a registration statement with the Secretary of State.