Rhode Island General Laws 5-53.1-7. Prohibited activity
In addition to any other violations of this chapter no person shall:
(1) Make any material statement that is untrue in an application for registration, registration statement, or written annual report; or fail to disclose a material fact in an application for registration, registration statement, or written annual report;
(2) Engage in any fraudulent or illegal act, device, scheme, artifice to defraud or for obtaining money or property by means of false pretenses, representation or promise, transaction, or enterprise in connection with any solicitation for charitable purposes, any solicitation or collection of funds or other property for a charitable organization, or with the registration, reporting, and disclosure provisions of this chapter;
(3) Fail to apply contributions in a manner substantially consistent with the stated solicitation statement created pursuant to § 5-53.1-12 and/or with the § 5-53.1-2(a)(5) registration statement of the charitable organization;
(4) Knowingly, or with reason to know, enter into any contract or agreement with or employ any unregistered professional fundraiser, fundraising counsel, or professional solicitor;
(5) Enter into any contract or agreement with or raise any funds for any charitable organization required to be registered pursuant to this chapter knowing or with reason to know that the charitable organization is not duly registered;
(6) Fail to file as required by this chapter any fundraising contract, or any other documents;
(7) Represent in any manner whatsoever that registration constitutes an endorsement or approval by the state;
(8) Solicit contributions for charitable purposes without either:
(i) Being a registered charitable organization, if required to be registered;
(ii) Having a written contract or agreement with a charitable organization or registered charitable organization if required to be registered, authorizing solicitation on its behalf; or
(iii) Being bona fide employees or volunteers of a charitable organization;
(9) Act as or enter into any contract as a professional fundraiser, fundraising counsel, or professional solicitor without having registered;
(10) Fail to maintain books and records or refuse or fail after receiving written notice by mail, to produce any books and records in accordance with § 5-53.1-5 and as otherwise required by this chapter;
(11) Knowingly and intentionally use in the course of soliciting contributions for or on behalf of a charitable organization a name, symbol, or service mark so closely related or similar to that used by another established charitable organization that the use would tend to confuse or mislead the public; or
(12) Solicit contributions on behalf of any veterans’ organization that is not chartered under chapter 6 of Title 7.
History of Section.
P.L. 1999, ch. 152, § 2.
Terms Used In Rhode Island General Laws 5-53.1-7
- Charitable organization: means any organization soliciting for a charitable purpose or any organization holding themselves out as such. See Rhode Island General Laws 5-53.1-1
- Contract: A legal written agreement that becomes binding when signed.
- Fundraising counsel: means any person who for compensation consults with a charitable organization or who plans, manages, advises, or assists with respect to the solicitation of contributions for or on behalf of a charitable organization, but who does not have access to contributions or other receipts from a solicitation and who does not solicit. See Rhode Island General Laws 5-53.1-1
- Person: means and shall include any individual, organization, group, association, partnership, corporation, trust, limited-liability company, and combination of the foregoing, however formed, as well as any and all other entities, however formed. See Rhode Island General Laws 5-53.1-1
- Professional fundraiser: means any person who directly or indirectly for compensation or other consideration plans, manages, conducts, carries on, or assists in connection with a solicitation for charitable purposes or individually solicits or who or that employs or otherwise engages on any basis another person to solicit for or on behalf of any charitable organization, or who or that engages in the business of, or holds himself, herself, or itself out to persons as independently engaged in the business of soliciting for the charitable purpose. See Rhode Island General Laws 5-53.1-1
- Professional solicitor: means any person who is employed or retained for compensation by a professional fundraiser to solicit contributions for charitable purposes. See Rhode Island General Laws 5-53.1-1
- solicitation: means to appeal or request, directly or indirectly, whether express or implied, for money, credit, property, financial assistance, or any other thing of value by means of mail, personal contact, written material, radio, telephone, television, news media, magazines or other periodicals, or any other means of plea or representation that the money, credit, property, financial assistance, or other thing of value will be used for a charitable purpose. See Rhode Island General Laws 5-53.1-1