Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 79

The information filed in accordance with a state's charitable solicitation act, whether contained in an application for registration, annual report, contract, or other document, is a matter of public record. This requirement encompasses information filed by charitable organizations, professional fundraisers, professional solicitors, and commercial coventurers. The fact that these records are public is usually stated in the statute.

For example, the law may provide that statements, reports, professional fundraising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed shall become government records in the department or agency and be open to the general public for inspection at such times and under such conditions as may be prescribed.

This type of provision is frequently buttressed by a record-keeping requirement. In almost all instances, this record-keeping obligation is imposed on the soliciting charitable organization; however, in some states, the requirement is confined to professional fundraisers, professional solicitors, and/or commercial coventurers.

Many of these laws require that the information be maintained, by the regulators and/or the regulated, for a stated period, usually three years. Where the records must be maintained by a regulated entity (such as the soliciting charitable organization or professional fundraiser), the law often requires that the information be open to inspection at all reasonable times by the appropriate officials of the state. Most of these laws require a charitable organization, and/or related professional fundraisers, professional solicitors, and commercial coventurers, to keep “true and complete” records to ensure compliance with the laws requiring disclosure of information and the availability of records.