79-11-515 - Contracts; filing with Secretary of State.
§ 79-11-515. Contracts; filing with Secretary of State.
(1) All contracts entered into between professional fund-raisers or fund-raising counsel and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the professional fund-raiser or fund-raising counsel who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the professional fund-raiser or fund-raising counsel of any service. The contract must be signed by two (2) authorized officials of the charitable organization, one (1) of whom must be a member of the organization's governing body, and the authorized contracting officer for the professional fund-raiser or fund-raising counsel. True and correct copies of such contracts shall be kept on file in the offices of the charitable organization and the professional fund-raiser or fund-raising counsel during the term thereof and until the expiration of a period of three (3) years subsequent to the date the solicitation of contributions provided for therein actually terminates. The contract shall contain all of the following provisions:
(a) The legal name and address of the charitable organization as registered with the Secretary of State, unless that charitable organization is exempt from registration;
(b) A statement of the charitable purpose for which the solicitation campaign is being conducted;
(c) A statement of the respective obligations of the professional fund-raiser or fund-raising counsel and the charitable organization;
(d) A clear statement of the fees or rate which will be paid to the professional fund-raiser or fund-raising counsel;
(e) The effective and termination dates of the contract and the date services will commence with respect to the solicitation in this state of contributions for a charitable organization;
(f) For fund-raising counsel, a statement that the fund-raising counsel will not at any time have custody or control of contributions;
(g) A statement that the charitable organization exercises control and approval over the content and volume of any solicitation; and
(h) Any other information required by the rules of the Secretary of State.
(2) Prior to the commencement of any solicitation, the professional fund-raiser shall file all of the following with the Secretary of State and such other information that the Secretary of State may, by rule, require a written report on forms prescribed by the Secretary of State containing information about the solicitation campaign, including, but not limited to, the following:
(a) The fund-raising methods to be used;
(b) The projected dates when the solicitation campaign will commence and terminate;
(c) The location and telephone number from where the solicitation campaign will be conducted if it will be conducted by telephone;
(d) The name and residence address of each person responsible for directing and supervising the conduct of the solicitation campaign;
(e) A statement of whether the professional fund-raiser will at any time have custody of any contributions;
(f) The account number and location of each bank account where receipts from the campaign are to be deposited;
(g) A full and fair description of the charitable program for which the solicitation campaign is being carried out; and
(h) The written and signed consent of every charitable organization on whose behalf the professional fund-raiser will be soliciting contributions or whose name will be mentioned during the solicitation.
(3) Not later than ninety (90) days after a solicitation campaign has been completed and on the anniversary of the commencement of a solicitation campaign lasting more than one (1) year, the professional fund-raiser shall furnish an accounting of all contributions collected and expenses paid to the charitable organization with which the professional fund-raiser has contracted. The accounting shall be in writing and shall be retained by the professional fund-raiser and charitable organization for three (3) years. The professional fund-raiser shall file a final report of the accounting with the Secretary of State on forms prescribed by him and containing such information he may, by rule, require not later than seven (7) days after it is furnished to the charitable organization. This report shall be signed by the contracting agent with the professional fund-raiser and also by an authorized officer of the charitable organization.
(4) Not later than two (2) days after receipt of each contribution, the professional fund-raiser shall deposit the entire amount of the contribution in an account at a bank or other federally insured financial institution which shall be in the name of the charitable organization with which the professional fund-raiser has contracted. Each contribution collected by the professional fund-raiser shall be solely in the name of that charitable organization. The charitable organization shall have sole control of all withdrawals from the account and the professional fund-raiser shall not be given the authority to withdraw any deposited funds from the account.
(5) During each solicitation campaign and for not less than three (3) years after its completion, the professional fund-raiser shall maintain the following records that shall be made available to the Attorney General or the Secretary of State upon request:
(a) A record of each contribution that at any time is in the custody of the professional fund-raiser, including the name and address of each contributor and the date and amount of the contribution; and
(b) The location of each bank or financial institution in which the professional fund-raiser has deposited revenue from the solicitation campaign and the account number of each account into which the deposits were made.
(6) Any material change in any information filed with the Secretary of State pursuant to this section shall be reported in writing by the professional fund-raiser or fund-raising counsel to the Secretary of State not more than seven (7) days after such change occurs.
Sources: Laws, 1991, ch. 515, § 8; reenacted and amended, 1992, ch. 446, § 8; Laws, 1997, ch. 444, § 9, eff from and after July 1, 1997.