§ 4-28-402 - Registration of charitable organizations prior to solicitation.
4-28-402. Registration of charitable organizations prior to solicitation.
(a) (1) No charitable organization, in or out of the state, shall solicit contributions from persons in this state by any means whatsoever until the charitable organization has:
(A) Registered;
(B) Provided certain information concerning the solicitation, as required by this subchapter, on forms to be provided by the Attorney General, and has filed the information with the Attorney General.
(2) The information so filed shall be available to the general public as a matter of public record, except and to the extent such records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, 25-19-101 et seq.
(b) The forms containing the information shall be sworn to and shall include, but not be limited to:
(1) The identity of the charitable organization by or for whom the solicitation is to be conducted;
(2) The address of the charitable organization;
(3) The purpose for which the contributions solicited are to be used;
(4) The individual or officer who will have custody of the contributions;
(5) The individuals responsible for the distribution of the contributions;
(6) The period of time during which the promotion is to be conducted;
(7) A description of the method or methods of solicitation, in such detail as may from time to time be determined by the Attorney General;
(8) Whether the promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both;
(9) If in whole or in part by paid solicitors:
(A) The name and address of each paid solicitor;
(B) The basis of payment;
(C) The nature of the arrangement; and
(D) A copy of the contract for services; and
(10) A copy of the appropriate Internal Revenue Service tax-exempt status form.
(c) A chapter, branch, or affiliate in this state of a registered parent organization shall not be required to register provided the parent organization files a consolidated financial report or tax information form for itself and the chapter, branch, or affiliate.