                                 CODE OF VIRGINIA

EXEMPTIONS (§ 57-60)

A. The following persons shall be exempt from the registration requirements of
§ 57-49, but shall otherwise be subject to the provisions of this chapter:

   1. Educational institutions that are accredited by the Board of Education, by
   a regional accrediting association or by an organization affiliated with the
   National Commission on Accrediting, the Association Montessori Internationale,
   the American Montessori Society, the Virginia Independent Schools Association,
   or the Virginia Association of Independent Schools, any foundation having an
   established identity with any of the aforementioned educational institutions,
   and any other educational institution confining its solicitation of
   contributions to its student body, alumni, faculty and trustees, and their
   families.

   2. Persons requesting contributions for the relief of any individual specified
   by name at the time of the solicitation when all of the contributions
   collected without any deductions whatsoever are turned over to the named
   beneficiary for his use.

   3. Charitable organizations that do not intend to solicit and receive, during
   a calendar year, and have not actually raised or received, during any of the
   three next preceding calendar years, contributions from the public in excess
   of $5,000, if all of their functions, including fund-raising activities, are
   carried on by persons who are unpaid for their services and if no part of
   their assets or income inures to the benefit of or is paid to any officer or
   member. Nevertheless, if the contributions raised from the public, whether all
   of such are or are not received by any charitable organization during any
   calendar year, shall be in excess of $5,000, it shall, within 30 days after
   the date it has received total contributions in excess of $5,000, register
   with and report to the Commissioner as required by this chapter.

   4. Organizations that solicit only within the membership of the organization
   by the members thereof.

   5. Organizations that have no office within the Commonwealth, that solicit in
   the Commonwealth from outside of the Commonwealth solely by means of email,
   telephone or telegraph, direct mail, or advertising in national media, and
   that have a chapter, branch, or affiliate within the Commonwealth that has
   registered with the Commissioner.

   6. Organizations that have been granted tax-exempt status under &#xA7;
   501(c)(3) of the Internal Revenue Code and that are organized wholly as Area
   Health Education Centers in accordance with &#xA7; 32.1-122.7.

   7. Health care institutions defined herein as any facilities that have been
   granted tax-exempt status under &#xA7; 501(c)(3) of the Internal Revenue Code,
   and that are (i) licensed by the Department of Health or the Department of
   Behavioral Health and Developmental Services; (ii) designated by the Health
   Care Financing Administration (HCFA) as federally qualified health centers;
   (iii) certified by the HCFA as rural health clinics; or (iv) wholly organized
   for the delivery of health care services without charge; and any supporting
   organization that exists solely to support any such health care institutions.
   For the purposes of clause (iv), &#8220;delivery of health care services
   without charge&#8221; includes the delivery of dental, medical or other health
   services where a reasonable minimum fee is charged to cover administrative
   costs.

   8. Civic organizations as defined herein.

   9. Agencies providing or offering to provide debt management plans for
   consumers that are licensed pursuant to Chapter 20 (&#xA7; 6.2-2000 et seq.)
   of Title 6.2.

   10. Agencies designated by the Virginia Department for Aging and
   Rehabilitative Services pursuant to subdivision A 6 of &#xA7; 51.5-135 as area
   agencies on aging.

   11. Labor unions, labor associations and labor organizations that have been
   granted tax-exempt status under &#xA7; 501(c)(5) of the Internal Revenue Code.

   12. Trade associations that have been granted tax-exempt status under &#xA7;
   501(c)(6) of the Internal Revenue Code.

   13. Organizations that have been granted tax-exempt status under &#xA7;
   501(c)(3) of the Internal Revenue Code and that are organized wholly as
   regional emergency medical services councils in accordance with &#xA7;
   32.1-111.4:2.

   14. Nonprofit organizations that have been granted tax-exempt status under
   &#xA7; 501(c)(3) of the Internal Revenue Code and that solicit contributions
   only through (i) grant proposals submitted to for-profit corporations, (ii)
   grant proposals submitted to other nonprofit organizations that have been
   granted tax-exempt status under &#xA7; 501(c)(3) of the Internal Revenue Code,
   or (iii) grant proposals submitted to organizations determined to be private
   foundations under &#xA7; 509(a) of the Internal Revenue Code.

B. A charitable organization shall be subject to the provisions of &#xA7;&#xA7;
57-57 and 57-59, but shall otherwise be exempt from the provisions of this
chapter for any year in which it confines its solicitations in the Commonwealth
to five or fewer contiguous cities and counties, and in which it has registered
under the charitable solicitations ordinance, if any, of each such city and
county. No organization shall be exempt under this subsection if, during its
next preceding fiscal year, more than 10 percent of its gross receipts were paid
to any person or combination of persons, located outside the boundaries of such
cities and counties, other than for the purchase of real property, or tangible
personal property or personal services to be used within such localities. An
organization that is otherwise qualified for exemption under this subsection
that solicits by means of a local publication, or radio or television station,
shall not be disqualified solely because the circulation or range of such medium
extends beyond the boundaries of such cities or counties.

C. No charitable or civic organization shall be exempt under this section unless
it submits to the Commissioner, who in his discretion may extend such filing
deadline prospectively or retrospectively for good cause shown, on forms to be
prescribed by him, the name, address and purpose of the organization and a
statement setting forth the reason for the claim for exemption. Parent
organizations may file consolidated applications for exemptions for any
chapters, branches, or affiliates that they believe to be exempt from the
registration provisions of this chapter. If the organization is exempted, the
Commissioner shall issue a letter of exemption, which may be exhibited to the
public. A registration fee of $10 shall be required of every organization
requesting an exemption after June 30, 1984. The letter of exemption shall
remain in effect as long as the organization continues to solicit in accordance
with its claim for exemption.

D. Nothing in this chapter shall be construed as being applicable to the
American Red Cross or any of its local chapters.

HISTORY: 1974, c. 574; 1975, c. 221; 1979, cc. 55, 595, 598, 626; 1980, c. 559;
1983, c. 374; 1984, c. 268; 1991, c. 184; 1995, c. 312; 1996, c. 461; 1997, c.
162; 1998, cc. 104, 232; 1999, c. 1021; 2000, c. 921; 2002, c. 85; 2003, c. 576;
2004, cc. 580, 790; 2005, c. 316; 2009, cc. 813, 840; 2010, cc. 680, 794; 2011,
c. 534; 2012, cc. 803, 835; 2015, cc. 502, 503; 2023, c. 289.