A. Professional fundraisers shall, before entering into a contract with any charitable organization, except a religious organization, to solicit for or on its behalf:

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Terms Used In New Mexico Statutes 57-22-6.1

  • Contract: A legal written agreement that becomes binding when signed.

(1)     register with the attorney general on a form provided by the attorney general;

(2)     file with the attorney general a surety bond pursuant to the Charitable Solicitations Act; and

(3)     file with the attorney general a copy of the intended written contract between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign.

B. The contract between the professional fundraiser and the charitable organization shall clearly describe the:

(1)     compensation and authority of the professional fundraiser; (2)     solicitation campaign;

(3)     location and telephone numbers from where solicitations are intended to be conducted;

(4)     list of names and addresses of all employees, agents or other persons who are to solicit during the campaign; and

(5)     copies of the solicitation literature, including scripts of any written or verbal solicitation.

C. The charitable organization on whose behalf the professional fundraiser is acting shall certify that the contract and solicitation materials filed with the attorney general are true and complete.

D. Within ten business days after receiving a registration pursuant to this section, the attorney general shall notify the professional fundraiser of any deficiencies in the registration, contract or bond; otherwise the filing is deemed approved as filed.

E. A professional fundraiser who fails to register with the attorney general may be assessed a late registration fee of five hundred dollars ($500).