13-22-9. Professional fund raiser's or fund raising counsel's or consultant's permit.
(1) It is unlawful for any person or entity to act as a professional fund raiser or
professional fund raising counsel or consultant, whether or not representing an organization
exempt from registration under Section 13-22-8, without first obtaining a permit from the
division by complying with all of the following application requirements:
(a) pay an application fee as determined under Section 63J-1-303; and
(b) submit a written application, verified under oath, on a form approved by the division
that includes:
(i) the applicant's name, address, telephone number, facsimile number, if any;
(ii) the name and address of any organization or person controlled by, controlling, or
affiliated with the applicant;
(iii) the applicant's business, occupation, or employment for the three-year period
immediately preceding the date of the application;
(iv) whether it is an individual, joint venture, partnership, limited liability company,
corporation, association, or other entity;
(v) the names and residence addresses of any officer or director of the applicant;
(vi) the name and address of the registered agent for service of process and a consent to
service of process;
(vii) if a professional fund raiser:
(A) the purpose of the solicitation and use of the contributions to be solicited;
(B) the method by which the solicitation will be conducted and the projected length of
time it is to be conducted;
(C) the anticipated expenses of the solicitation, including all commissions, costs of
collection, salaries, and any other items;
(D) a statement of what percentage of the contributions collected as a result of the
solicitation are projected to remain available to the charitable organization declared in the
application, including a satisfactory statement of the factual basis for the projected percentage
and projected anticipated revenues provided to the charitable organization, and if a flat fee is
charged, documentation to support the reasonableness of the flat fee; and
(E) a statement of total contributions collected or received by the professional fund raiser
within the calendar year immediately preceding the date of the application, including a
description of the expenditures made from or the use made of the contributions;
(viii) if a professional fund raising counsel or consultant:
(A) the purpose of the plan, management, advise, counsel or preparation of materials for,
or respect to the solicitation and use of the contributions solicited;
(B) the method by which the plan, management, advise, counsel, or preparation of
materials for, or respect to the solicitation will be organized or coordinated and the projected
length of time of the solicitation;
(C) the anticipated expenses of the plan, management, advise, counsel, or preparation of
materials for, or respect to the solicitation, including all commissions, costs of collection,
salaries, and any other items;
(D) a statement of total fees to be earned or received from the charitable organization
declared in the application, and what percentage of the contributions collected as a result of the
plan, management, advise, counsel, or preparation of materials for, or respect to the solicitation
are projected after deducting the total fees to be earned or received remain available to the
charitable organization declared in the application, including a satisfactory statement of the
factual basis for the projected percentage and projected anticipated revenues provided to the
charitable organization, and if a flat fee is charged, documentation to support the reasonableness
of such flat fee; and
(E) a statement of total net fees earned or received within the calendar year immediately
preceding the date of the application, including a description of the expenditures made from or
the use of the net earned or received fees in the planning, management, advising, counseling, or
preparation of materials for, or respect to the solicitation and use of the contributions solicited for
the charitable organization;
(ix) disclosure of any injunction, judgment, or administrative order against the applicant
or the applicant's conviction of any crime involving moral turpitude;
(x) a copy of any written agreements with any charitable organization;
(xi) the disclosure of any injunction, judgment, or administrative order or conviction of
any crime involving moral turpitude with respect to any officer, director, manager, operator, or
principal of the applicant;
(xii) a copy of all agreements to which the applicant is, or proposes to be, a party
regarding the use of proceeds;
(xiii) an acknowledgment that fund raising in the state will not commence until both the
professional fund raiser or professional fund raising counsel or consultant and the charity, its
parent foundation, if any, are registered and in compliance with this chapter; and
(xiv) any additional information the division may require by rule.
(2) If any information contained in the application for a permit becomes incorrect or
incomplete, the applicant or registrant shall, within 30 days after the information becomes
incorrect or incomplete, correct the application or file the complete information required by the
division.
(3) In addition to the permit fee, an applicant failing to file a permit application or
renewal by the due date or filing an incomplete permit application or renewal shall pay an
additional fee of $25 for each month or part of a month after the date on which the permit
application or renewal were due to be filed.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 01, 2008