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§ 162.7. Short form registration

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and Welfare

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)
10 P.S. § 162.7
§ 162.7. Short form registration
(a) Organizations required to file.--The following charitable organizations shall be required to file short form annual registration statements with the department in lieu of the registration statement required by section 5:1
(1) Persons or charitable organizations accepting contributions for the relief of any individual specified by name at the time of acceptance or solicitation when all of the contributions collected without any deductions whatsoever are turned over to the named beneficiary for his use; provided that all contributions collected shall be held in trust and shall be subject to the provisions of 20 Pa.C.S. Ch. 71 (relating to trust estates). The secretary, the Attorney General, any contributor or any person who provides any goods or services for which funds are expressly or implicitly solicited shall have the right to petition the court of common pleas of the county in which the trust is located for an accounting of all contributions. For purposes of this paragraph, the trust shall be deemed to be located in the county where the principal place of business of the charitable organization is located. If a charitable organization has its principal place of business outside this Commonwealth, all of the following shall apply:
(i) If an affiliate is soliciting contributions within this Commonwealth, the trust shall be deemed to be located in the county where the principal place of business of the affiliate is located.
(ii) If a person is soliciting contributions within this Commonwealth, the trust shall be deemed to be located in the county where the principal place of business or the residence of the person is located.
(iii) If there is no place of business or residence within this Commonwealth, the trust shall be deemed to be located in the county of Dauphin.
(2) Organizations which only solicit within the membership of the organization by the members of the organization; provided that the term “membership” shall not include those persons who are granted a membership solely upon making a contribution as the result of solicitation. For the purpose of this paragraph, “member” means a person having membership in a nonprofit corporation, or other organization, in accordance with the provisions of its articles of incorporation, bylaws or other instruments creating its form and organization and having bona fide rights and privileges in the organization such as the right to vote, to elect officers and directors, to hold office or position as ordinarily conferred on members of such organizations.
(3) Charitable organizations whose fundraising activities are carried on by volunteers, members, officers or permanent employees and which do not receive contributions in excess of $25,000 during a fiscal year, if no part of their assets or income inures to the benefit of or is paid to any officer or member, professional fundraising counsel, professional solicitor or commercial coventurer. Charitable organizations which do not intend to solicit and receive in excess of $25,000, but do receive contributions in excess of that amount shall file the financial report required in section 5 within 30 days after contributions are received in excess of that amount.
(4) Organizations described in section 6(a)(3)2 which do not receive contributions in excess of $100,000 during a fiscal year if no part of their assets or income inures to the benefit of or is paid to a professional solicitor.
(b) Contents of statement.--The short form annual registration statements required to be filed under this section shall include any information required by the regulations of the department.
(c) Financial report.--Charitable organizations which file a short form registration statement need not file the financial report required under section 5.
(d) Updating of information.--Any material change in any information filed with the department pursuant to this section shall be reported in writing by the registrant to the department not more than 30 days after such change occurs.

Credits

1990, Dec. 19, P.L. 1200, No. 202, § 7, effective in 60 days. Amended 1992, July 9, P.L. 436, No. 92, § 4, imd. effective.

Footnotes

10 P.S. § 162.5.
10 P.S. § 162.6(a)(3).
10 P.S. § 162.7, PA ST 10 P.S. § 162.7
Current through 2020 Regular Session Act 140. Some statute sections may be more current, see credits for details.
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