Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 75

The state charitable solicitation statutes often require a professional fundraiser, acting on behalf of a charitable organization that is subject to the particular statute, to register with the appropriate state agency and otherwise be in conformity with the statute. This registration must be completed before the professional fundraiser commences to act in that capacity for a charitable organization soliciting funds in the state.

The scope of this registration and of other regulatory requirements is largely governed by the reach of the definition, under a state's charitable solicitation law, of the term professional fundraiser.⁵⁸

This registration is usually effective for a period of one year, with expiration of the registration set to occur on a stated date, and is renewable.

Often, these laws also impose reporting requirements for professional fundraisers. A few state charitable solicitation acts mandate annual reports. The far more common practice is annual registration.

An applicant for this registration is usually required to file with and have approved by the appropriate state officials a bond in a statutorily set sum. These bond amounts are as follows: $25,000, $20,000, $15,000, $10,000, $5,000, or $2,500. These bonds inure to the benefit of the state in reimbursement for any losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of a professional fundraiser in connection with charitable solicitation activities.⁵⁹

Most of these statutes require professional fundraisers to maintain accurate books and records, and to do so for a stated period (generally, three years).