35-11-102 - Trust relationship prerequisite to accepting contributions Beneficiaries.
35-11-102. Trust relationship prerequisite to accepting contributions Beneficiaries.
(a) Before accepting any contributions for such fundraising activities, the organizer or promoter shall enter into a trust relationship with a bank or trust company or shall establish a trust in the name of an individual, _____________________________________ [name of beneficiary] trust, _____________________________________ trustee, or words to the same effect; provided, that if in violation of this chapter contributions are accepted prior to entering into the trust relationship, then those contributions shall be placed in trust immediately upon establishment of the required trust relationship.
(b) The beneficiary of the trust shall be the named individual for whom the funds are being raised.
(c) Contingent beneficiaries shall be selected as provided in § 35-11-103.
(d) On the establishment of a trust for purposes regulated by this chapter, the trustee shall file written notice of the establishment of the trust on forms prescribed by the secretary of state with the division of charitable solicitation in the office of the secretary of state. No person or entity may solicit funds on behalf of an individual with a catastrophic illness that is subject to this chapter prior to the filing of this notice with the division. For any trust regulated under this chapter on July 1, 2007, the notice shall be filed on or before August 1, 2007.
(e) A trustee, other than a bank or trust company acting as trustee, shall file an accounting of the trust with the division of charitable solicitations each year on the anniversary of the establishment of the trust.
[Acts 1989, ch. 386, § 1; 2007, ch. 430, §§ 3, 6.]