Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 86

One of the contemporary trends in the development of state charitable solicitation acts is the growing number and stringency of requirements applicable to professional solicitors. The emphasis has been on increased reporting and other forms of disclosure to a governmental agency, to the charitable organization involved, and/or to the solicited public, particularly by means of a solicitation notice.

A typical requirement obligates a professional solicitor to file a solicitation notice with the regulatory body within 20 days prior to the commencement of a solicitation. This solicitation notice, which must be under oath, must include a description of the solicitation event or campaign, the location and telephone number from which the solicitation is to be conducted, the names and residence addresses of all employees, agents, or other persons who are to solicit during the campaign, and the account number and location of all bank accounts where receipts from the campaign are to be deposited. Copies of campaign solicitation literature, including the text of solicitations to be made orally, must be attached to the solicitation notice. The charitable organization on whose behalf the solicitor is acting must certify that the solicitation notice and accompanying material are “true and complete.”

In other states, the solicitation notice may require additional items of information, such as whether the solicitor will at any time have custody of the contributions received, a “full and fair” description of the charitable program for which the solicitation is being conducted, the fundraising methods to be used, the dates when the solicitation will commence and terminate, and information concerning any investigation or litigation regarding the professional solicitor's solicitation activities within the previous six years. Some states also require that a copy of the contract between the charitable organization and the professional solicitor be attached to the solicitation notice.

Using a somewhat similar approach, a few states require a professional solicitor to provide the charitable organization involved with an accounting after the conclusion of a solicitation.

Some states require a solicitor to carry a solicitation card that contains certain information and to display the card to prospective donors.