(1) Unless a person acting as a professional fund raiser is registered with the division in accordance with Section 13-22-9, the person may not:

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Terms Used In Utah Code 13-22-5

  • Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • 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
  • Professional fund raising consultant: means a person who:
              (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
              (17)(a)(ii) does not solicit contributions;
              (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
              (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) make or facilitate a solicitation either directed toward the state or originating from the state; or
     (1)(b) maintain a place of business in the state or employ an individual located in the state.
(2) Unless a person acting as a professional fund raising consultant is registered with the division in accordance with Section 13-22-9, the person may not:

     (2)(a) maintain a place of business in the state or employ an individual located in the state; or
     (2)(b) provide any service of a professional fund raising consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction.