Utah Code 13-22-15. Financial reports required

(1)

Terms Used In Utah Code 13-22-15

Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:

(i)

who is or holds itself out to be:

(A)	a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;

(B)	for the benefit of a public safety, law enforcement, or firefighter fraternal association; or

(C)	established for any charitable purpose;

(ii)	who solicits or obtains contributions solicited from the public for a charitable purpose; or

(iii)

in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2

Professional fund raiser: means a person who:

(i)

for compensation or any other consideration, for or on behalf of a charitable organization or any other person:

(A)	solicits contributions; or

(B)	promotes or sponsors the solicitation of contributions;

(ii)

(A)	for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and

(B)	at any time has custody of a contribution for the charitable organization;

(iii)

engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;

(iv)	manages, supervises, or trains any solicitor whether as an employee or otherwise; or

(v)

uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2

(a)

Except as provided in Subsection (1)(c), as part of a charitable organization‘s application for registration or renewal of registration described in Section 13-22-6, each charitable organization shall file:

(i)	an annual financial report on a form prescribed by the division;

(ii)	an IRS Form 990, 990EZ, 990N, or 990PF; or

(iii)

both the documents described in Subsections (1)(a)(i) and (ii).

(b)	The division shall instruct each applicant for registration or renewal of registration as a charitable organization on which documents to file under Subsection (1)(a).

(c)

If a document required under Subsections (1)(a) and (b) is not available during the charitable organization’s first year of registration, upon request from the division, the charitable organization shall provide a quarterly financial report to the division within 30 days after the day on which the division requests the quarterly financial report.

(2)

Each annual or quarterly financial report shall disclose:

(a)	the gross amount of contributions received;

(b)	the amount of contributions disbursed or to be disbursed to each charitable organization or charitable purpose represented;

(c)	aggregate amounts paid to any professional fund raiser;

(d)	amounts spent for overhead, expenses, commissions, and similar purposes; and

(e)	unless disclosed in another part of the charitable organization’s application for registration or renewal of registration, the name and address of any professional fund raiser used by the charitable organization.

(3)	Each report required under this section shall be signed under oath by an officer or principal of the charitable organization.

(4)

(a)	If a charitable organization fails to timely file a quarterly financial report in accordance with Subsection (1)(c), the charitable organization’s registration is immediately and automatically suspended pending a final order of the division under Section 13-22-12.

(b)

The division may reinstate the charitable organization’s registration after the division receives:

(i)	the quarterly financial report requested in accordance with Subsection (1)(c); and

(ii)	a penalty of $25 for each full or partial calendar month after the day on which the quarterly report was due.

Amended by Chapter 120, 2015 General Session

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