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Hawaii Revised Statutes 467B-12.5 - Written contracts; filing with attorney general

Hawaii Revised Statutes > Division 2 > Title25 > Chapter 467B > § 467B-12.5. Written contracts; filing with attorney general


Current as of: 2010

     (b)  No professional fundraising counsel or professional solicitor shall contract with a charitable organization unless the 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.

     (c)  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.

     (d)  A charitable organization may cancel a contract pursuant to subsection (c) 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.

     (e)  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.

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Questions & Answers: Charities

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See also:

Hawaii Revised Statutes > Chapter 467B - Solicitation of Funds from the Public

U.S. Code Provisions: Charities

U.S. Code Title 36 > Subtitle III > Chapter 3001 - The American National Red Cross
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