§467B-9  Prohibited acts.  (a) 
No person, for the purpose of soliciting contributions from persons in the
State, shall use the name of any other person except that of an officer,
director, or trustee of the charitable organization by or for which contributions
are solicited, without the written consent of the other persons.



A person shall be deemed to have used the name
of another person for the purpose of soliciting contributions if the latter
person's name is listed on any stationery, advertisement, brochure, or
correspondence in or by which a contribution is solicited by or on behalf of a
charitable organization or the latter person's name is listed or referred to in
connection with a request for a contribution as one who has contributed to,
sponsored, or endorsed the charitable organization or its activities.



(b)  No charitable organization, professional
solicitor, or professional fundraising counsel soliciting contributions shall
use a name, symbol, or statement so closely related or similar to that used by
another charitable organization or governmental agency that the use thereof
would tend to confuse or mislead the public.



(c)  No person, in connection with any
solicitation or sale, shall misrepresent or mislead anyone by any manner,
means, practice, or device whatsoever, to believe that the solicitation or sale
is being conducted on behalf of a charitable organization or that the proceeds
of the solicitation or sale will be used for charitable purposes, if that is
not the fact.



(d)  No professional solicitor, and no agent,
employee, independent contractor, or other person acting on behalf of the
professional solicitor, shall solicit in the name of or on behalf of any
charitable organization unless:



(1)  The professional solicitor has obtained the written
authorization of two officers of the organization, which authorization shall
bear the signature of the professional solicitor and the officers of the
charitable organization and shall expressly state on its face the period for
which it is valid, which shall not exceed one year from the date of issuance,
and has filed a copy of the written authorization with the attorney general
prior to the solicitation; and



(2)  The professional solicitor and any person who,
for compensation, acts as an agent, employee, independent contractor, or
otherwise on behalf of the professional solicitor carries a copy of the
authorization while conducting solicitations, and exhibits it on request to
persons solicited or police officers or agents of the department.



(e)  No charitable organization, professional
fundraising counsel, or professional solicitor subject to this chapter shall
use or exploit the fact of filing any statement, report, professional
fundraising counsel contracts, or professional solicitor contracts or other
documents or information required to be filed under this chapter or with the
department so as to lead the public to believe that the filing in any manner
constitutes an endorsement or approval by the State of the purposes or goals
for the solicitation by the charitable organization, professional fundraising
counsel, or professional solicitor; provided that the use of the following
statement shall not be deemed a prohibited exploitation:  "Information
regarding this organization has been filed with the State of Hawaii department
of the attorney general.  Filing does not imply endorsement or approval of the
organization or the public solicitation for contributions."



(f)  No person, while soliciting, shall impede
or obstruct, with the intent to physically inconvenience the general public or
any member thereof in any public place or in any place open to the public.



(g)  No person shall submit for filing on
behalf of any charitable organization, professional fundraising counsel, or
professional solicitor, any statement, financial statement, report, attachment,
or other information to be filed with the department that contains information,
statements, or omissions that are false or misleading.



(h)  No person shall solicit contributions from
persons in the State or otherwise operate in the State as a charitable
organization, an exempt charitable organization, professional fundraising
counsel, professional solicitor, or commercial co-venturer unless the person
has filed the information required by this chapter with the department in a
timely manner.



(i)  No person shall aid, abet, or otherwise
permit any persons to solicit contributions from persons in the State unless
the person soliciting contributions has complied with the requirements of this
chapter.



(j)  No person shall fail to file the
information and registration statement, annual or financial reports, and other
statements required by this chapter or fail to provide any information demanded
by the attorney general pursuant to this chapter in a timely manner.



(k)  No person shall employ in any solicitation
or collection of contributions for a charitable organization, any device,
scheme, or artifice to defraud or obtain money or property by means of any
false, deceptive, or misleading pretense, representation, or promise.



(l)  No person, in the course of any
solicitation, shall represent that funds collected will be used for a
particular charitable purpose, or particular charitable purposes, if the funds
solicited are not used for the represented purposes.



(m)  No person shall receive compensation from
a charitable organization for obtaining moneys or bequests for that charitable
organization if that person has also received compensation for advising the
donor to make the donation; provided that compensation may be received if the
person obtains the written consent of the donor to receive compensation from
the charitable organization.



(n)  No person shall act as a professional
solicitor if the person, any officer, any person with a controlling interest therein,
or any person the professional solicitor employs, engages, or procures to
solicit for compensation, has been convicted by any federal or state court of
any felony, or of any misdemeanor involving dishonesty or arising from the
conduct of a solicitation for a charitable organization or purpose.



(o)  No charitable organization shall use the
services of an unregistered professional solicitor or professional fundraising
counsel. [L 1969, c 167, pt of §1; am L 1978, c 182, §3; am L 1982, c 204, §8;
gen ch 1985; am L 1993, c 206, §8; am L 1994, c 35, §1; am L 1995, c 50, §1; am
L 2004, c 93, §8; am L 2008, c 174, §7]