Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 83

Some states have provisions in their charitable solicitation acts that go beyond the usual regulation of the process of raising funds for charitable purposes.

In many states, it is expressly unlawful for a charitable organization to solicit and/or expend funds raised for purposes that are not charitable or for purposes not referenced in the application submitted as part of the registration process.

Most of the states have disclosure rules as part of their charitable solicitation acts, as a condition to a lawful fundraising effort. A few states have point-of-solicitation disclosure requirements imposed on charitable organizations, and several states have such requirements with respect to solicitations by professional solicitors.

Many states have rules concerning the solicitation of tickets to be used at promotional or fundraising events.

In some states, the law imposes specific requirements on the boards of directors of soliciting charitable organizations. Directors of charitable entities may be expressly obligated to supervise the organizations' fundraising activities. A charitable solicitation law may prohibit certain conflicts of interest at the board level in the fundraising setting. One of these laws requires a charity to “substantiate a valid governing structure.” A state law has directions to the board as to investment management activities, another places limitations on the ability of a charitable organization to indemnify its directors, and under one law, a charitable organization cannot solicit funds in the state if its directors have been convicted of certain crimes.