An applicant for registration or renewal of registration as a charitable organization shall:
Terms Used In Utah Code 13-22-6
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
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
Service of process: The service of writs or summonses to the appropriate party.
solicitation: includes :
(i)
any of the following done, or purporting to be done, for a charitable purpose:
(A)
any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
(B)
the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
(C)
an application or other request for a a private grant or, if made by an individual, a public grant; or
(ii)
the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
(a)
pay an application fee as determined under Section 63J-1-504; and
(b)
submit an application on a form approved by the division which shall include:
(i)
the organization‘s name, address, telephone number, facsimile number, if any, and the names and addresses of any organizations or persons controlled by, controlling, or affiliated with the applicant;
(ii)
the specific legal nature of the organization, that is, whether the organization is an individual, joint venture, partnership, limited liability company, corporation, association, or other entity;
(iii)
the names and residence addresses of the officers and directors of the organization;
(iv)
the name and address of the registered agent for service of process and a consent to service of process;
(v)
the purpose of the solicitation and use of the contributions to be solicited;
(vi)
the method by which the solicitation will be conducted and the projected length of time the solicitation is to be conducted;
(vii)
the anticipated expenses of the solicitation, including all commissions, costs of collection, salaries, and any other items;
(viii)
a statement of what percentage of the contributions collected as a result of the solicitation are projected to remain available for application to the charitable purposes declared in the application, including a satisfactory statement of the factual basis for the projected percentage;
(ix)
a statement of total contributions collected or received by the organization within the calendar year immediately preceding the date of the application, including a description of the expenditures made from or the use made of the contributions;
(x)
a copy of any written agreements with any professional fund raiser involved with the solicitation;
(xi)
disclosure of any injunction, judgment, or administrative order or conviction of any crime involving moral turpitude with respect to any officer, director, manager, operator, or principal of the organization;
(xii)
a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds for the solicitation or fundraising;
(xiii)
a statement of whether the charitable organization, or the charitable organization’s parent foundation, will be using the services of a professional fund raiser or of a professional fund raising counsel or consultant;
(xiv)
if either the charitable organization or the charitable organization’s parent foundation will be using the services of a professional fund raiser or a professional fund raising counsel or consultant:
(A)
a copy of all agreements related to the services; and
(B)
an acknowledgment that fund raising in the state will not commence until both the charitable organization, its parent foundation, if any, and the professional fund raiser or professional fund raising counsel or consultant are registered and in compliance with this chapter;
(xv)
any documents required under Section 13-22-15; and
(xvi)
any additional information the division may require by rule.
(2)
If any information contained in the application for registration becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.
(3)
In addition to the registration fee, an organization failing to file a registration application or renewal by the due date or filing an incomplete registration application or renewal shall pay an additional fee of $25 for each month or part of a month after the date on which the registration application or renewal were due to be filed.
