Does the state require registration by commercial fundraisers?

Oversight of professional fundraisers

Regulatory Action: REQUIREMENT




43 states have COMREG regulations

AL AK AZ AR CA CO CT DE FL GA

HI ID IL IN IA KS KY LA ME MD

MA MI MN MS MO MT NE NV NH NJ

NM NY NC ND OH OK OR PA RI SC

SD TN TX UT VT VA WA WV WI WY




AL Code § 13A-9-71

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “No person shall act as a professional fund raiser or commercial co-venturer either before he or she registers with the Attorney General, or after the expiration or cancellation of his or her registration and prior to renewal thereof. Applications for registration and renewal shall be in writing, under oath, in the form prescribed by the Attorney General, and shall be accompanied by an annual fee in the amount of one hundred dollars ($100).” Alabama Code § 13A-9-71 (h)

FNDRAZE-COMREG-NS

REGULATORY BODY: Not Specific

NOTES: “A person may not solicit contributions of money or other property for a charitable organization for compensation unless the person is registered with the department.” AS 45.68.010 (b)

AR Code § 4-28-407

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: A.C.A. § 4-28-407

CA Code § 12599

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: West’s Ann.Cal.Gov.Code § 12599

FNDRAZE-COMREG-NS

REGULATORY BODY: Not Specific

NOTES: C.R.S. 6-16-104.3

CT Code § 21a-190f

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Conn. Gen. Stat. § 21a-190f

FL Code § 496.410

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Fla. Stat. § 496.410: Registration and duties of professional solicitors; Fla. Stat. § 496.4101: Licensure of professional solicitors and certain employees thereof

FL Code § 496.4101

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Fla. Stat. § 496.410: Registration and duties of professional solicitors; Fla. Stat. § 496.4101: Licensure of professional solicitors and certain employees thereof

GA Code § 43-17-3

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: O.C.G.A. § 43-17-3

HI Code § 467B-12

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Haw. Rev. Stat. § 467B-12

IL Code § 460/6

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 225 Ill. Comp. Stat. § 460/6

IN Code § 23-7-8-2

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Ind. Code § 23-7-8-2: A person may not act as a professional fundraiser consultant or professional solicitor for a charitable organization unless the person has first registered with the division. A person who applies for registration shall disclose the following information while under oath: (1) The names and addresses of all officers, employees, and agents who are actively involved in fundraising or related activities. (2) The names and addresses of all persons who own a ten percent (10%) or more interest in the registrant. (3) A description of any other business related to fundraising conducted by the registrant or any person who owns ten percent (10%) or more interest. (4) The name or names under which it intends to solicit contributions. (5) Whether the organization has ever had its registration denied, suspended, revoked, or enjoined by any court or other governmental authority.

IA Code § 13C.2

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Iowa Code § 13C.2

KS Code § 17-1764

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Kan. Stat. Ann. § 17-1764

KY Code § 367.652

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Ky. Rev. Stat. Ann. § 367.652

LA Code § 51:1901.1

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: La. Stat. Ann. § 51:1901.1

ME Code § 5008-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Me. Stat. tit. 9, § 5008-A

MD Code § 6-301

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Md. Code, Bus. Reg. § 6-301

MA Code § 24

REGULATORY BODY: Not Specific

STATUTE TEXT: Section 24. The working methods of any such corporation and the dairies in which milk is produced under contract with it shall at all times be subject to investigation by the department of public health.

NOTES: Mass. Gen. Laws ch. 68, § 24

MI Code § 400.287

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Mich. Comp. Laws § 400.287 Public Safety Solicitations: Mich. Comp. Laws § 14.304

MI Code § 14.304

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Mich. Comp. Laws § 400.287 Public Safety Solicitations: Mich. Comp. Laws § 14.304

MN Code § 309.531

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Minn. Stat. § 309.531

MS Code § 79-11-513

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Miss. Code Ann. § 79-11-513

MO Code § 407.466

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Mo. Rev. Stat. § 407.466

NH Code § 7:28-c

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.H. Rev. Stat. Ann. § 7:28-c

NJ Code § 45:17A-27

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27; N.J. Stat. Ann. § 45:17A-28

NJ Code § 45:17A-28

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.J. Stat. Ann. § 45:17A-27; N.J. Stat. Ann. § 45:17A-28

NM Code § 57-22-6.1

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.M. Stat. § 57-22-6.1

NY Code § 173

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund-raiser: N.Y. Exec. Law § 173 Professional Solicitor: N.Y. Exec. Law § 173-B

NY Code § 173-B

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund-raiser: N.Y. Exec. Law § 173 Professional Solicitor: N.Y. Exec. Law § 173-B

NC Code § 131F-15

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Fundraising Consultant: N.C. Gen. Stat. § 131F-15: Solicitors: N.C. Gen. Stat. § 131F-16

NC Code § 131F-16

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Fundraising Consultant: N.C. Gen. Stat. § 131F-15: Solicitors: N.C. Gen. Stat. § 131F-16

ND Code § 50-22-02.1

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.D. Cent. Code § 50-22-02.1

OH Code § 1716.05

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Ohio Rev. Code § 1716.05: Fundraising Counsel Ohio Rev. Code § 1716.07: Professional solicitors

OH Code § 1716.07

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Ohio Rev. Code § 1716.05: Fundraising Counsel Ohio Rev. Code § 1716.07: Professional solicitors

OK Code § 552.7 ;; 18-552-7

REGULATORY BODY: Not Specific

STATUTE TEXT: 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 personis 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, ss 7, emerg. eff. May 8, 1959. Amended by Laws 1978, c. 244, ss 5, eff. July 1, 1978; Laws 1984, c. 79, ss 4, emerg. eff. April 3, 1984; Laws 1994, c. 235, ss 12, eff. Sept. 1, 1994; Laws 1997, c. 334, ss 4, eff. July 1, 1997; Laws 1999, c. 421, ss 5, eff. Nov. 1, 1999; Laws 2000, c. 6, ss 3, emerg. eff. March 20, 2000; Laws 2001, c. 406, ss 7, emerg. eff. June 4, 2001; Laws 2010, c. 460, ss 6, eff. July 1, 2011. NOTE: Laws 1999, c. 325, ss 7 and Laws 1999, c. 377, ss 3 repealed by Laws 2000, c. 6, ss 33, emerg. eff. March 20, 2000.

NOTES: Professional Fund Raisers: Okla. Stat. tit.18, § 552.7 Professional Solicitors: Okla. Stat. tit.18, § 552. 9

OK Code § 552

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional Fund Raisers: Okla. Stat. tit.18, § 552.7 Professional Solicitors: Okla. Stat. tit.18, § 552. 9

OR Code § 128.802

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund raising firm: Or. Rev. Stat. § 128.802; Commercial fund raising firm: Or. Rev. Stat. § 128.821

OR Code § 128.821

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional fund raising firm: Or. Rev. Stat. § 128.802; Commercial fund raising firm: Or. Rev. Stat. § 128.821

PA Code § 162.9

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 10 Pa. Stat. § 162.9

RI Code § 53.1-8

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional Fund Raisers: 5 R.I. Gen Laws § 53.1-8; Professional solicitor: 5 R.I. Gen Laws § 53.1-10

RI Code § 53.1-10

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Professional Fund Raisers: 5 R.I. Gen Laws § 53.1-8; Professional solicitor: 5 R.I. Gen Laws § 53.1-10

SC Code § 33-56-110

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: S.C. Code Ann. § 33-56-110

SD Code § 37-30-3

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: CML’s compendium lists this state as “none” in “Registration Law” column; According to Put’s research, only applies to paid telephone solicitors for charitable purposes; Telephone Solicitations: S.D. Codified Laws § 37-30-3

TN Code § 48-101-507

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-507

UT Code § 13-22-9

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Utah Code § 13-22-9

VT Code § 2473

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Paid fundraisers must file a “notice of solicitation” with the attorney general’s office 10 days prior to solicitation Vt. Stat. Ann. tit. 9, § 2473

VA Code § 57-61

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Va. Code Ann. § 57-61

WA Code § 19.09.068

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Wash. Rev. Code § 19.09.068; Wash. Rev. Code § 19.09.079

WA Code § 19.09.079

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Wash. Rev. Code § 19.09.068; Wash. Rev. Code § 19.09.079

DC Code § 44-1703

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1703; 16 DCMR § 1304

DC Code § 1304

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: D.C. Code § 44-1703; 16 DCMR § 1304

WV Code § 29-19-9

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: W. Va. Code § 29-19-9

WI Code § 202.14

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Wis. Stat. § 202.14