9 §5009. Contracts to be filed and retained
Title 9: BANKS AND FINANCIAL INSTITUTIONS
Part 13:
Chapter 385: CHARITABLE SOLICITATIONS ACT
§5009. Contracts to be filed and retained
1. Contracts to be filed. All contracts entered into between a professional solicitor, a professional fund-raising counsel or a commercial co-venturer and any charitable organization, whether or not the organization is exempted under section 5006, must be in writing, and a true and correct copy of each contract must be filed by the professional solicitor, professional fund-raising counsel or commercial co-venturer who is a party to the contract with the office before services are performed under the contract. The contract must contain the following:
A. A statement of the charitable purpose for which a solicitation campaign is being conducted; [2003, c. 541, §13 (AMD).]
B. In the case of a professional solicitor, a statement of the percentage of gross proceeds collected to be paid to the charitable organization; and [2003, c. 541, §13 (AMD).]
C. The signatures and legibly printed or typed names of individuals representing the contracting parties. [2003, c. 541, §13 (NEW).]
Contracts must be kept on file in the offices of the charitable organization and the professional solicitor, professional fund-raising counsel or commercial co-venturer during the term of the contract and for 3 years after the date of solicitation of contributions provided for in the contract.
[ 2007, c. 402, Pt. A, §7 (AMD) .]
2. Contracts to be retained by office.
[ 2007, c. 402, Pt. A, §8 (RP) .]
3. Exemption. This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.
[ 1999, c. 656, §3 (NEW) .]
SECTION HISTORY
1977, c. 488, §1 (NEW). 1981, c. 456, §A35 (AMD). 1999, c. 386, §A17 (RPR). 1999, c. 656, §3 (AMD). 2003, c. 541, §13 (AMD). 2007, c. 402, Pt. A, §§7, 8 (AMD).