Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 69

For administrative convenience and to alleviate the burdens of regulation that would otherwise be imposed, many of the state charitable solicitation acts exempt small solicitation efforts from the registration or similar requirements. The definition as to what is small, however, varies considerably from state to state.

A provision in a solicitation act typically exempts from registration charitable organizations that do not intend to solicit and receive and do not actually solicit or receive contributions from the public in excess of $10,000 during a calendar year or do not receive contributions from more than 10 persons during a calendar year. While there are variations in the phrasing of these provisions, some states provide for this exemption with the threshold set at $25,000; a few states have this type of provision with a threshold of $10,000; other limitations are $8,000, $5,000, $4,000, $3,000, and $1,500. Often, this exemption is accompanied by a provision that triggers applicability of the registration requirement should contributions exceed the threshold amount. Thus, the state statute may add a rule that, if a charitable organization that does not intend to solicit or receive contributions from the public in excess of $10,000 during a calendar year does actually solicit or receive contributions in excess of such amount, whether or not all such contributions are received during a calendar year, the charitable organization shall, within 30 days after the date the contributions reach $10,000, register with and report to the appropriate agency.

This exemption may be confined to organizations in which fundraising is conducted wholly by volunteers.⁵³

A few states provide for this exemption from the entirety of their charitable solicitation act.

As another approach to excluding small solicitations, some states exempt organizations that do not intend to annually receive contributions from more than 10 persons. On a rare occasion, a solicitation by a charitable organization is exempt where up to as many as 100 persons were solicited. There may be an exemption for these solicitations when conducted by a private foundation.