Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?

Oversight of professional fundraisers

Regulatory Action: REQUIREMENT




18 states have VENTUR 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)

AR Code § 4-28-408

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “Every charitable organization subject to the registration requirements of this subchapter that agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain a written agreement from the commercial coventurer and file a copy of the agreement with the Secretary of State before the commencement of the charitable sales promotion within this state.” A.C.A. § 4-28-408

CA Code § 12599.2

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Required to register with the attorney general unless exempt under 12599.2(b) West’s Ann.Cal.Gov.Code § 12599.2

FNDRAZE-VENTUR-NS

REGULATORY BODY: Not Specific

NOTES: Disclosure requirements apply where ” a commercial coventurer reasonably expects that more than one-half of all proceeds of a solicitation campaign will be derived from transactions within the state of Colorado.” C.R.S. 6-16-110

FL Code § 496.414

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Fla. Stat. § 496.414

HI Code § 467B-5.5

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “The commercial co-venturer shall file a copy of the written consent with the department not less than ten days prior to the commencement of the charitable sales promotion within this State.” Haw. Rev. Stat. § 467B-5.5

LA Code § 1901.2

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: No registration is required, but “A commercial co-venturer shall provide to the department a copy of the final accounting for each charitable sales promotion that it conducts not later than ten days after the department requests it.” La. Stat. Ann. § 1901.2

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

MS Code § 79-11-504(a)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Miss. Code Ann. §§ 79-11-504(a); 515 (Rev. 2009); Mississippi Charities Act Rules, Rule 3.17 Commercial Co-ventures

NH Code § 7:28-d

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Charitable organization must file a notice of any sales promotion with a commercial co-venturer with the AG and must keep contract available for production at request of the AG. N.H. Rev. Stat. Ann. § 7:28-d

NJ Code § 45:17A-29

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Charitable organization must file a contract of any sales promotion with a commercial co-venturer with the AG ten days prior to the initiation of the charitable sales promotion. N.J. Stat. Ann. § 45:17A-29

NY Code § 173

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: N.Y. Exec. Law § 173

OH Code § 1716.09

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Ohio Rev. Code § 1716.09

OR Code § 128.821

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Registration: Or. Rev. Stat. § 128.821; Accounting requirements: Or. Rev. Stat. § 128.848

OR Code § 128.848

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Registration: Or. Rev. Stat. § 128.821; Accounting requirements: Or. Rev. Stat. § 128.848

SC Code § 33-56-110

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: S.C. Code Ann. § 33-56-110: Registration; *S.C. Code Ann. § 33-56-70: Contract Requirements

SC Code § 33-56-70

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: S.C. Code Ann. § 33-56-110: Registration; *S.C. Code Ann. § 33-56-70: Contract Requirements

TN Code § 48-101-504

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Tenn. Code Ann. § 48-101-504 “A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others and submit a true copy of any contract or agreement with any professional solicitor or any other person who is directly or indirectly involved with the solicitation of contributions;”

UT Code § 13-22-22

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “Every charitable organization which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the division a notice of the promotion prior to its commencement within this state.” Utah Code § 13-22-22

VA Code § 57-61.2

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Va. Code Ann. § 57-61.2