17-1760

Chapter 17.--CORPORATIONS
Article 17.--RELIGIOUS, CHARITABLE AND OTHER ORGANIZATIONS

      17-1760.   Same; definitions.As used in this act:

      (a)   "Charitable organization" means any person who engages in theactivity of soliciting funds or donations for, or purported to be for, anyfraternal, benevolent, social, educational, alumni, historical, humane,public health or othercharitable purpose.Charitable organization does not include political parties, politicalcandidates or committees formed in support of political candidates or politicalparties;

      (b)   "charitable purpose" means any purpose which promotes, or purportsto promote, directly or indirectly, the well-being of the public at largeor any number of persons, or any humane purpose, whether suchwell-being is in general or limitedto certain activities, endeavors or projects;

      (c)   "person" means any individual, group, association, partnership,corporation, trust or any combination thereof;

      (d)   "professional fund raiser" means any person, who is retained undercontract or otherwise compensated by or on behalf of a charitableorganization primarily for the purpose of soliciting funds.Professional fund raiser includes a person who plans, manages, advises,consults or prepares material for solicitations.Professional fund raiser shall not include any bona fide employeeof a charitable organization who receives regular compensation and is notprimarily employed for the purpose of soliciting funds, or an attorney,investment counselor, or banker who in the conduct of such professionadvises a client to make a contribution;

      (e)   "professional solicitor" means any person who is employed orretained for compensation by a professional fund raiser to solicitcontributions for charitable purposes from persons in this state; and

      (f)   "solicitation" means any request or appeal, either oral or written,or any endeavor to obtain, seek or plead for funds, property, financialassistance or other thing of value, including the promise or grant of anymoney or property of any kind or value for a charitable purpose, but excluding:

      (1)   Direct grants or allocation of funds received or solicited from anyaffiliated fund-raising organization by a member agency; and

      (2)   unsolicited contributions received from any individual donor,foundation, trust, governmental agency or other source, unless suchcontributions are received in conjunction with a solicitation drive.

      History:   L. 1988, ch. 96, § 2;L. 1990, ch. 84, § 1; July 1.