Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 49

Another key term usually defined in a charitable solicitation act is the word solicitation. Solicitation generally is broadly defined. This fact is evidenced not only by the express language of the definition but also by application of these acts to charitable solicitations conducted, in common terminology, “by any means whatsoever.” A solicitation can be oral or written. It can take place by means of an in-person request, mail, email, facsimile, advertisement, other publication, television, radio, telephone, or other medium. Contemporary debate over the legal consequences of charitable solicitation over the Internet highlights the importance and scope of the word solicitation.

A most encompassing, yet typical, definition of the term reads as follows: the term solicit means any request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing of any kind or value is to be used for a charitable purpose¹² or benefit a charitable organization.¹³

Usually, the word solicitation is used in tandem with the word contribution. The term may, however, encompass the pursuit of a grant from a private foundation, other nonprofit organization, or government department or agency. About a dozen states exclude the process of applying for a governmental grant from the term solicitation. Occasionally, state law will provide that the word contribution includes a grant from a governmental agency or will exclude the pursuit of a grant from a private foundation. Thus, a charitable organization seeking this type of financial assistance should explore the need to register pursuant to one or more charitable solicitation acts before submitting the grant proposal.

It is clear, although few solicitation acts expressly address the point, that the definition of solicitation entails seeking a charitable gift. There is no requirement that the solicitation be successful; that is, that the request actually results in the making of a gift.

One court created its own definition of the term solicit in this setting, writing that the “theme running through all the cases is that to solicit means ‘to appeal for something,’ ‘to ask earnestly,’ ‘to make petition to,’ ‘to plead for,’ ‘to endeavor to obtain by asking,’ and other similar expressions.”¹⁴ This court held that a state's charitable solicitation act did not apply to gambling activities held to generate funds destined for charitable purposes.¹⁵