Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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
Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
(i)
a gift, subscription, loan, advance, or deposit of money or anything of value;
(ii)
a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
(iii)
fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
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)
Each professional fund raiser shall segregate and maintain all contributed funds in an account held separately from the professional fund raiser’s operating account.
(b)
Each contribution in the control or custody of the professional fund raiser shall, no later than 10 days after the day on which the contribution is received, be deposited into an account at a bank or other federally insured financial institution that is in the name of the charitable organization.
(c)
The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(2)
Each organization required to be registered under this chapter and each professional fund raiser shall:
(a)
maintain a record of each contribution of money, securities, or cash equivalent sufficient to allow the organization or professional fund raiser to provide a receipt to the contributor upon request or as required by law; and
(b)
provide a contributor a receipt for each contribution upon request or as required by law.
(3)
An organization required to be registered under this chapter and each professional fund raiser shall develop and maintain adequate internal controls for receipt, management, and disbursement of money that are reasonable in light of the organization’s or professional fund raiser’s assets and organizational complexity.
