A. No person shall act as a professional fundraiser for any charitable organization until the person has first registered with the Office of the Secretary of State. Applications for registration, signed and acknowledged by a party duly authorized to act on behalf of the professional fundraiser, shall state the full legal name of the professional fundraiser, the street address of the principal place of business of the professional fundraiser, the full legal names and street addresses of the charitable organizations with which it has entered into contracts or agreements relating to the solicitation of contributions, and the names of all professional solicitors employed by the professional fundraiser who will be involved in the solicitation of contributions for charitable organizations. The registration form shall also be accompanied by an annual fee in the amount of Two Hundred Fifteen Dollars ($215.00). The first Fifty Dollars ($50.00) of the fee collected shall be deposited to the credit of the General Revenue Fund of the State Treasury. One Hundred Eleven Dollars ($111.00) of the fee shall be deposited to the credit of the Attorney General Charitable Solicitations Enforcement Revolving Fund and the remaining Fifty-four Dollars ($54.00) shall be deposited to the credit of the Secretary of State Charitable Solicitations Revolving Fund. Registration shall be valid for a period of one (1) year from the date of filing with the Secretary of State, and may be renewed annually upon the filing of a renewal application and fee prescribed herein.

B. No professional fundraiser or solicitor shall engage in the solicitation of contributions for a charitable organization that is not registered with the Secretary of State unless the organization is exempt from registration.

C. Every professional fundraiser registered with the Secretary of State which shall change its name or the mailing address of its principal office, or plans to engage in professional fundraising activities using a name that is not listed on its registration form, shall at least fifteen (15) days prior to engaging in such activities file with the Secretary of State a statement executed by an authorized officer of the organization setting forth its new name or mailing address and pay a filing fee of Twenty-five Dollars ($25.00). Such fee shall be deposited to the credit of the General Revenue Fund of the State Treasury.

D. The professional fundraiser shall not employ or retain a professional solicitor who is not registered pursuant to this act.

E. No professional fundraiser shall solicit any contribution for a charitable organization without the consent of such organization.

F. No person shall act as a professional fundraiser if the officers, directors, or any person with a controlling interest in the business, or any person the professional fundraiser employs or retains to solicit charitable contributions or to advise, consult, plan, or manage the solicitation of any contributions, has been convicted by a court of any state or the United States of a felony or a misdemeanor involving moral turpitude or arising from his or her conduct in connection with fundraising activities, the solicitation of any funds, or the use or expenditure of any funds raised, collected, or received in any fundraising activity.

G. Any registration form required to be filed under this section shall be executed by signature, without more, of the person or persons signing the form, in which case the signature or signatures shall constitute the affirmation of the signatory, under penalty of perjury, that the signature is that person’s act and deed or the act and deed of the organization, and that the facts stated therein are true.

Added by Laws 1959, p. 90, § 7, emerg. eff. May 8, 1959. Amended by Laws 1978, c. 244, § 5, eff. July 1, 1978; Laws 1984, c. 79, § 4, emerg. eff. April 3, 1984; Laws 1994, c. 235, § 12, eff. Sept. 1, 1994; Laws 1997, c. 334, § 4, eff. July 1, 1997; Laws 1999, c. 421, § 5, eff. Nov. 1, 1999; Laws 2000, c. 6, § 3, emerg. eff. March 20, 2000; Laws 2001, c. 406, § 7, emerg. eff. June 4, 2001; Laws 2010, c. 460, § 6, eff. July 1, 2011.

NOTE: Laws 1999, c. 325, § 7 and Laws 1999, c. 377, § 3 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.