A person applying for or renewing a permit as a professional fund raiser or a professional fund raising counsel or consultant shall:
Terms Used In Utah Code 13-22-9
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
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
pay an application fee as determined under Section 63J-1-504; and
(b)
submit a written application, verified under oath, on a form approved by the division that includes:
(i)
the applicant’s name, address, telephone number, facsimile number, if any;
(ii)
the name and address of any organization or person controlled by, controlling, or affiliated with the applicant;
(iii)
the applicant’s business, occupation, or employment for the three-year period immediately preceding the date of the application;
(iv)
whether it is an individual, joint venture, partnership, limited liability company, corporation, association, or other entity;
(v)
the names and residence addresses of any officer or director of the applicant;
(vi)
the name and address of the registered agent for service of process and a consent to service of process;
(vii)
if a professional fund raiser:
(A)
the purpose of the solicitation and use of the contributions to be solicited;
(B)
the method by which the solicitation will be conducted and the projected length of time it is to be conducted;
(C)
the anticipated expenses of the solicitation, including all commissions, costs of collection, salaries, and any other items;
(D)
a statement of what percentage of the contributions collected as a result of the solicitation are projected to remain available to the charitable organization declared in the application, including a satisfactory statement of the factual basis for the projected percentage and projected anticipated revenues provided to the charitable organization, and if a flat fee is charged, documentation to support the reasonableness of the flat fee; and
(E)
a statement of total contributions collected or received by the professional fund raiser 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;
(viii)
if a professional fund raising counsel or consultant:
(A)
the purpose of the plan, management, advice, counsel or preparation of materials for, or with respect to, the solicitation and use of the contributions solicited;
(B)
the method by which the plan, management, advice, counsel, or preparation of materials for, or with respect to, the solicitation will be organized or coordinated and the projected length of time of the solicitation;
(C)
the anticipated expenses of the plan, management, advice, counsel, or preparation of materials for, or with respect to, the solicitation, including all commissions, costs of collection, salaries, and any other items;
(D)
a statement of total fees to be earned or received from the charitable organization declared in the application, and what percentage of the contributions collected as a result of the plan, management, advice, counsel, or preparation of materials for, or with respect to, the solicitation are projected after deducting the total fees to be earned or received remain available to the charitable organization declared in the application, including a satisfactory statement of the factual basis for the projected percentage and projected anticipated revenues provided to the charitable organization, and if a flat fee is charged, documentation to support the reasonableness of such flat fee; and
(E)
a statement of total net fees earned or received within the calendar year immediately preceding the date of the application, including a description of the expenditures made from or the use of the net earned or received fees in the planning, management, advising, counseling, or preparation of materials for, or with respect to, the solicitation and use of the contributions solicited for the charitable organization;
(ix)
disclosure of any injunction, judgment, or administrative order against the applicant or the applicant’s conviction of any crime involving moral turpitude;
(x)
a copy of any written agreements with any charitable organization;
(xi)
the 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 applicant;
(xii)
a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds;
(xiii)
an acknowledgment that fund raising in the state will not commence until both the professional fund raiser or professional fund raising counsel or consultant and the charity, and its parent foundation, if any, are registered and in compliance with this chapter; and
(xiv)
any additional information the division may require by rule.
(2)
If any information contained in the application for a permit 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 permit fee, an applicant failing to file a permit application or renewal by the due date or filing an incomplete permit application or renewal shall pay an additional fee of $25 for each month or part of a month after the date on which the permit application or renewal were due to be filed.
