Utah Code 13-22-24. Fund raising campaign registration required
Current as of: 2024 | Check for updates
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(1) As used in this section, “fund raising campaign” means charitable solicitation activity that a professional fund raiser engages in on behalf of a charitable organization where the professional fund raiser receives a portion of the funds raised or other compensation in exchange for services.
Terms Used In Utah Code 13-22-24
- Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
- organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:(2)(a)(i) who is or holds itself out to be:(2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;(2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or(2)(a)(i)(C) established for any charitable purpose;(2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or(2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
- Professional fund raiser: means a person who:
(16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:(16)(a)(i)(A) solicits contributions; or(16)(a)(i)(B) promotes or sponsors the solicitation of contributions;(16)(a)(ii)(16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and(16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;(16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;(16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or(16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2- solicitation: includes :
(5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:(5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;(5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or(5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or(5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2(2) Before commencing a fund raising campaign, a professional fund raiser shall submit to the division:(2)(a) projected expenses and revenue for the campaign;(2)(b) bank account information for the bank account where the professional fund raiser will hold contributions collected in connection with the fund raising campaign;(2)(c) the solicitation scripts that will be used for the fund raising campaign;(2)(d) an affirmation from the professional fund raiser that the charity has approved the solicitation materials to be used in the fund raising campaign; and(2)(e) names and contact information for the individuals overseeing the fund raising campaign.(3) No later than 90 days after the day on which the fund raising campaign ends, the professional fund raiser shall submit a report to the division detailing:(3)(a) all contributions collected during the fund raising campaign;(3)(b) all contributions paid to the charitable organization as a result of the fund raising campaign; and(3)(c) expenses paid by the charitable organization to the professional fund raiser for the fund raising campaign.(4) A professional fund raiser shall keep records related to the information described in Subsection (2) for five years after the day on which the fund raising campaign ends. - Professional fund raiser: means a person who: