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§ 313. Registration, Annual Filing, and Notice Requirements for Commercial Fundraisers for Char...

11 CA ADC § 313Barclays Official California Code of RegulationsEffective: March 26, 2024

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 4. Regulations Adopted Pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Refs & Annos)
Article 1. Registration, Reporting, and General Supervision of Trustees and Fundraisers
Effective: March 26, 2024
11 CCR § 313
§ 313. Registration, Annual Filing, and Notice Requirements for Commercial Fundraisers for Charitable Purposes, Fundraising Counsel for Charitable Purposes, and Commercial Coventurers.
Currentness
Every commercial fundraiser for charitable purposes, fundraising counsel for charitable purposes, and commercial coventurer that is subject to the Act must register with the Attorney General before soliciting any funds in California, and annually on or before January 15 of each year. The registration requirements and fees are set forth in this section. Each registrant will be assigned a registration number upon completion of the registration process.
(a) A “commercial fundraiser for charitable purposes,” as defined in Government Code section 12599, must submit the following at the time of initial registration and annual renewal:
(1) A completed Commercial Fundraiser for Charitable Purposes Annual Registration Form (“Form CT-1CF” Rev. 01/2024), hereby incorporated by reference.
(2) $500 by check, electronically, or other means of payment prescribed by the Attorney General.
(3) The original of a properly executed $25,000 surety bond form in the registrant's name, together with a signed Registry of Charitable Trusts Surety Bond Form (“Form CT-4CF” Rev. 09/2017), hereby incorporated by reference; or completion of the Deposit by Assignment in Lieu of Commercial Fundraiser for Charitable Purposes Surety Bond Form (“Form CT-8CF” Rev. 01/2024), hereby incorporated by reference; and Receipt for Notice of Assignment in Lieu of Commercial Fundraiser for Charitable Purposes Surety Bond Form (“Form CT-9CF” Rev. 01/2024), hereby incorporated by reference, together with the original passbook or certificate of deposit indicating $25,000 is held in the Attorney General's name.
(4) An annual financial report as described in Government Code section 12599, subdivision (d). The forms for the annual financial report include the Commercial Fundraiser for Charitable Purposes (“Form CT-2CF” Rev. 01/2024), hereby incorporated by reference; the Commercial Fundraiser for Charitable Purposes/Thrift Store Operations (“Form CT-2TCF” Rev. 01/2024), hereby incorporated by reference; and the Commercial Fundraiser for Charitable Purposes/Vehicle Donation Program (“Form CT-2VCF” Rev. 01/2024), hereby incorporated by reference. The annual financial reports must be filed on or before January 30 of each year and report all revenue raised nationwide.
(b) A “fundraising counsel for charitable purposes,” as defined in Government Code section 12599.1, must submit the following at the time of initial registration and annual renewal:
(1) A completed Fundraising Counsel for Charitable Purposes Annual Registration Form (“Form CT-3CF” Rev. 01/2024), hereby incorporated by reference.
(2) $500 by check, electronically, or other means of payment prescribed by the Attorney General.
(c) A “commercial coventurer,” as defined in Government Code section 12599.2, unless exempted by Government Code section 12599.2, subdivision (b), shall submit the following at the time of initial registration and annual renewal:
(1) A completed and signed Commercial Coventurer Annual Registration Form (“Form CT-5CF” Rev. 01/2024), hereby incorporated by reference.
(2) $500 by check, electronically, or other means of payment prescribed by the Attorney General.
(3) If required to register and report pursuant to Government Code section 12599.2, subdivision (c), the annual financial reports shall be filed on the Commercial Coventurer Annual Financial Report Form (“Form CT-6CF” Rev. 01/2024), hereby incorporated by reference. The annual financial reports must be filed on or before January 30 of each year.
(d) Every commercial fundraiser for charitable purposes and every fundraising counsel for charitable purposes shall file the notice required by Government Code sections 12599 and 12599.1. Commercial fundraisers shall file the Notice of Intent to Solicit for Charitable Purposes -- Commercial Fundraiser for Charitable Purposes Form (“Form CT-10CF” Rev. 01/2024), hereby incorporated by reference. Fundraising counsel shall file the Notice of Intent to Provide Services Related to Charitable Solicitation -- Fundraising Counsel for Charitable Purposes Form (“Form CT-11CF” Rev. 01/2024), hereby incorporated by reference. The forms shall be filed with the Registry of Charities and Fundraisers in the Office of the Attorney General, Sacramento, California.
(e) Each of the above-identified forms filed with the Attorney General shall be signed under penalty of perjury.
(f) The above registration and reporting requirements apply to any unregistered person or entity for the time period that registration was required.

Credits

Note: Authority cited: Sections 12586 and 12587, Government Code. Reference: Sections 12587, 12599, 12599.1, 12599.2, 12599.3 and 12599.5, Government Code.
History
1. New section filed 6-13-2005; operative 6-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 24). For prior history, see Register 74, No. 22.
2. Change without regulatory effect amending section and incorporated by reference forms CT-1CF, CT-4CF, CT-8CF, CT-9CF, CT-2CF, CT-2TCF, CT-2VCF, CT-3CF, CT-5CF, CT-6CF, CT-10CF and CT-11CF filed 11-27-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 48).
3. Amendment of section heading, section and Note filed 11-8-2019; operative 2-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 45).
4. Change without regulatory effect amending various incorporated-by-reference report forms and amending subsections (a)(1), (a)(4), (b)(1), (c)(1) and (c)(3) filed 6-22-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 26).
5. Amendment of subsections (a)(1), (b)(1)-(2) and (c)(1)-(2) filed 11-23-2021; operative 1-1-2022 (Register 2021, No. 48). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. Renumbering of section 313 to section 311 and renumbering of former section 308 to section 313, including amendment of section and Note, filed 3-26-2024; operative 3-26-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 11, § 313, 11 CA ADC § 313
End of Document