Читать книгу The Law of Fundraising - Bruce R. Hopkins - Страница 87

Another relatively recent category of provision to emerge in state charitable solicitation acts is the one adopted by a few states, which statutorily (as opposed to by means of the common law) makes professional fundraisers and/or professional solicitors fiduciaries with respect to the charitable organization involved.⁷³ This designation, among other outcomes, increases the legal liability of these persons. A typical provision of this nature states that every person soliciting, collecting, or expending contributions for charitable purposes, and every officer, director, trustee, and employee of any such person concerned with the solicitation, collection, or expenditure of such contributions, is deemed to be a fiduciary and acting in a fiduciary capacity.