A professional fund raiser may only engage in activities on behalf of a charitable organization through written agreement with the organization.
Terms Used In Utah Code 13-22-17
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
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
Professional fund raising counsel or consultant: means a person who:
(i)
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;
(ii)
does not solicit contributions;
(iii)
does not at any time have custody of a contribution from solicitation; and
(iv)
does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
(2)
A professional fund raising counsel or consultant may only engage in activities on behalf of a charitable organization through written agreement with the organization.
(3)
A charitable organization may only engage the services of a professional fund raiser or professional fund raising counsel or consultant through written agreement.
(4)
Copies of the agreement required by this section shall be attached to all applications for registration and or a permit.
