Legal Insights — EN

Must an Association or Foundation Obtain Permission for a Fundraising Campaign?

Review the form, scope and claimed permission exemption of a fundraising campaign. Public benefit or foundation status alone does not replace permission.
A campaign funnel and permission file beside association and foundation symbols

Donations, Fundraising and Financial Operations

Donations, Fundraising and Financial Operations

Prepared by: Constantinople

Being an association or foundation does not authorise every fundraising campaign without permission. Permission is the rule under fundraising legislation; a different position may apply to organisations specifically designated as entitled to collect aid without permission. Public benefit or tax-related status should not automatically be substituted for that special authority. Whether the planned transaction is ordinary acceptance of donations or fundraising within the permission regime must be assessed through its specific characteristics.

Prepare a draft identifying the campaign's purpose, beneficiaries, duration, locations, accounts and methods, and responsible persons. Tools such as online appeals, receipts, collection boxes or events may affect the assessment. The legal entity's competent-body resolution and the representative authority of persons acting for it are also checked. Funds should not be collected on the assumption that permission can be obtained afterwards. If the campaign will operate in another country or for beneficiaries abroad, money-transfer and notification aspects are examined separately.

The campaign wording and operating model should be read together to assess permission requirements and the application file. If the organisation claims an exemption, its actual scope is verified through documents. An existing permission cannot be extended without limit to every new campaign; its conditions and accounting obligations are monitored separately.

Legal Bases