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§ 162.8. Registration of professional fundraising counsel and contracts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and WelfareEffective: February 20, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 10 P.S. Charities and Welfare (Refs & Annos)
Chapter 6. Solicitation of Funds for Charitable Purposes Act (Refs & Annos)
Effective: February 20, 2018
10 P.S. § 162.8
§ 162.8. Registration of professional fundraising counsel and contracts
(a) Registration and approval required.--No person shall act as a professional fundraising counsel before obtaining department approval of a registration statement pursuant to subsection (c) or after the expiration, suspension or revocation of such registration. A registration application shall be signed and be made by the principal officer of the professional fundraising counsel subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) and shall contain all of the following information:
(1) The address of the principal place of business of the applicant and any Pennsylvania addresses, if the principal place of business is located outside this Commonwealth.
(2) The form of the applicant's business.
(3) The names and residence addresses of all principals of the applicant, including all officers, directors and owners.
(4) Whether any of the owners, directors, officers or employees of the applicant are related by blood, marriage or adoption to any other directors, officers, owners or employees of the applicant, any officer, director, trustee or employee of any charitable organization under contract to the applicant or any supplier or vendor providing goods or services to any charitable organization under contract to the applicant.
(5) The name of any person who is in charge of any solicitation activity.
(6) Any other information required by the regulations of the department.
(b) Registration fee.--The application for registration shall be accompanied by a fee of $250. A professional fundraising counsel which is a partnership or corporation may register for and pay a single fee on behalf of all of its partners, members, officers, directors, agents and employees. Each registration shall be valid for one year and may be renewed for additional one-year periods upon application to the department and payment of the registration fee.
(c) Department review of registration statement.--The department shall examine each registration statement and supporting documents filed by a professional fundraising counsel and shall determine whether the registration requirements are satisfied. If the department determines that the registration requirements are not satisfied, the department must notify the professional fundraising counsel within 15 working days of its receipt of its registration statement; otherwise the registration statement is deemed to be approved. Within 15 days after receipt of a notification that the registration requirements are not satisfied, the professional fundraising counsel may request a hearing. The hearing must be held within 15 days of receipt of the request, and a determination must be rendered within three working days of the hearing.
(d) Written contract.--There shall be a written contract between a charitable organization and a professional fundraising counsel which shall be filed by the professional fundraising counsel with the department at least ten working days prior to the performance by the professional fundraising counsel of any service. No solicitation or services pursuant to the contract shall begin before the department has approved the contract pursuant to subsection (e). The contract must be signed by two authorized officials of the charitable organization, one of whom must be a member of the organization's governing body, and the authorized contracting officer for the professional fundraising counsel. The contract shall contain all of the following provisions:
(1) The legal name and address of the charitable organization as registered with the department unless that charitable organization is exempt from registration.
(2) A statement of the charitable purpose for which the solicitation campaign is being conducted.
(3) A statement of the respective obligations of the professional fundraising counsel and the charitable organization.
(4) A clear statement of the fees which will be paid to the professional fundraising counsel.
(5) The effective and termination dates of the contract, or, if the contract does not have a set termination date, the contract shall contain a clause allowing either party a reasonable period to terminate the contract or notify the other party if either party chooses not to renew. The contract shall also contain the date services will commence with respect to solicitation in this Commonwealth of contributions for a charitable organization.
(6) A statement that the professional fundraising counsel will not at any time have custody or control of contributions.
(7) A statement that the charitable organization exercises control and approval over the content and volume of any solicitation.
(8) Any other information required by the regulations of the department.
(e) Department review of contract.--The department shall examine each contract filed by a professional fundraising counsel and shall determine whether the contract contains the required information. If the department determines that the requirements are not satisfied, the department must notify the professional fundraising counsel within ten working days of its receipt of the contract; otherwise the contract is deemed to be approved. Within seven days after receipt of a notification that the requirements are not satisfied, the professional fundraising counsel may request a hearing. The hearing must be held within seven days of receipt of the request, and a determination must be rendered within three working days of the hearing.

Credits

1990, Dec. 19, P.L. 1200, No. 202, § 8, effective in 60 days. Amended 1992, July 9, P.L. 436, No. 92, § 5, imd. effective; 2001, June 22, P.L. 588, No. 45, § 2, effective in 60 days; 2017, Dec. 22, P.L. 1228, No. 72, § 1, effective in 60 days [Feb. 20, 2018].
10 P.S. § 162.8, PA ST 10 P.S. § 162.8
Current through 2020 Regular Session Act 140. Some statute sections may be more current, see credits for details.
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