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§ 162.10. Contracts voidable by charitable organizations

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. § 162.10
§ 162.10. Contracts voidable by charitable organizations
(a) Contracts with registered groups.--No professional fundraising counsel or professional solicitor shall contract with a charitable organization unless such professional fundraising counsel or professional solicitor is registered with the department. A contract with an unregistered professional fundraising counsel or professional solicitor shall be voidable at the option of the charitable organization.
(b) Cancellation of contract.--Whenever a charitable organization contracts with a professional fundraising counsel or professional solicitor, the charitable organization shall have the right to cancel the contract without cost, penalty or liability for a period of ten days following the date on which that contract is executed. Any provision in the contract that is intended to waive this right of cancellation shall be void and unenforceable.
(c) Manner of cancellation.--A charitable organization may cancel a contract pursuant to subsection (b) by serving a written notice of cancellation on the professional fundraising counsel or professional solicitor. If mailed, service shall be by certified mail, return receipt requested, and cancellation shall be deemed effective upon receipt by the professional fundraising counsel or professional solicitor. The notice shall be sufficient if it indicates that the charitable organization does not intend to be bound by the contract.
(d) Cancellation notice to department.--Whenever a charitable organization cancels a contract pursuant to the provisions of this section, it shall mail a duplicate copy of the notice of cancellation to the department.
(e) Status of funds after cancellation.--Any funds collected after effective notice that a contract has been canceled shall be deemed to be held in trust for the benefit of the charitable organization without deduction for cost or expenses of any nature. A charitable organization shall be entitled to recover all funds collected after the date of cancellation.

Credits

1990, Dec. 19, P.L. 1200, No. 202, § 10, effective in 60 days. Amended 1992, July 9, P.L. 436, No. 92, § 5, imd. effective.
10 P.S. § 162.10, PA ST 10 P.S. § 162.10
Current through 2020 Regular Session Act 140. Some statute sections may be more current, see credits for details.
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