State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-53-1 > 5-53-1-1

SECTION 5-53.1-1

   § 5-53.1-1  Definitions. – The following words and phrases as used in this chapter have the followingmeanings unless a different meaning is required by the context:

   (1) "Charitable organization" means any organizationsoliciting for a charitable purpose or any organization holding themselves outas such.

   (2) "Charitable purpose" means, but is not limited to, anybenevolent, educational, humane, patriotic, social service, civic,philanthropic, scientific, literary or eleemosynary purpose.

   (3) "Contribution" means the promise or grant of any money,property or anything of value obtained through solicitation except payments bymembers of any organization for fees, dues, fines, assessments, or for servicesrendered to individual members.

   (4) "Department" means the department of business regulation.

   (5) "Director" means the director of the department.

   (6) "Fraudulent act" means that a party made a falserepresentation of a material fact or concealed a material fact with theintention to deceive; that the party intended that a person rely on thismaterial representation or misinformation and that there was justifiablereliance on this representation or misinformation.

   (7) "Fund raising counsel" means any person who forcompensation consults with a charitable organization or who plans, manages,advises, or assists with respect to the solicitation of contributions for or onbehalf of a charitable organization, but who does not have access tocontributions or other receipts from a solicitation and who does not solicit.Bona fide volunteers or employees of a charitable organization, or anattorney-at-law retained by a charitable organization, shall not be deemed afund raising counsel.

   (8) "Membership" means the collective body of any charitableorganization comprised of persons having voting rights and other powers ofgovernance and who derive a direct benefit or privilege as a member thereof.

   (9) "Person" means and shall include any individual,organization, group, association, partnership, corporation, trust, limitedliability company, and combination of the foregoing, however formed, as well asany and all other entities, however formed.

   (10) "Professional fund raiser" means any person who directlyor indirectly for compensation or other consideration plans, manages, conducts,carries on, or assists in connection with a solicitation for charitablepurposes or individually solicits or who employs or otherwise engages on anybasis another person to solicit for or on behalf of any charitableorganization, or who engages in the business of, or holds himself, herself oritself out to persons as independently engaged in the business of solicitingfor the charitable purpose. Bona fide volunteers or employees of a charitableorganization or fund raising counsel shall not be deemed a professional fundraiser.

   (11) "Professional solicitor" means any person who isemployed or retained for compensation by a professional fund raiser to solicitcontributions for charitable purposes. Bona fide employees of a charitableorganization or fund raising counsel shall not be deemed a professionalsolicitor.

   (12) "Senior Level Executive Employee" means any employee ofa charitable organization whose compensation is in excess of the amountspecified as requiring disclosure on United States Internal Revenue ServiceForm 990 (or the appropriate successor form by whatever name or number it maybe called or designated).

   (13) "Solicit" and "solicitation" means to appeal or request,directly or indirectly, whether express or implied, for money, credit,property, financial assistance, or any other thing of value by means of mail,personal contact, written material, radio, telephone, television, news media,magazines or other periodicals or any other means of plea or representationthat the money, credit, property, financial assistance, or other thing of valuewill be used for a charitable purpose.

   (ii) Solicitation is deemed to have taken place when theappeal or request is made, whether or not the person making the appeal orrequest receives any contributions.

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-53-1 > 5-53-1-1

SECTION 5-53.1-1

   § 5-53.1-1  Definitions. – The following words and phrases as used in this chapter have the followingmeanings unless a different meaning is required by the context:

   (1) "Charitable organization" means any organizationsoliciting for a charitable purpose or any organization holding themselves outas such.

   (2) "Charitable purpose" means, but is not limited to, anybenevolent, educational, humane, patriotic, social service, civic,philanthropic, scientific, literary or eleemosynary purpose.

   (3) "Contribution" means the promise or grant of any money,property or anything of value obtained through solicitation except payments bymembers of any organization for fees, dues, fines, assessments, or for servicesrendered to individual members.

   (4) "Department" means the department of business regulation.

   (5) "Director" means the director of the department.

   (6) "Fraudulent act" means that a party made a falserepresentation of a material fact or concealed a material fact with theintention to deceive; that the party intended that a person rely on thismaterial representation or misinformation and that there was justifiablereliance on this representation or misinformation.

   (7) "Fund raising counsel" means any person who forcompensation consults with a charitable organization or who plans, manages,advises, or assists with respect to the solicitation of contributions for or onbehalf of a charitable organization, but who does not have access tocontributions or other receipts from a solicitation and who does not solicit.Bona fide volunteers or employees of a charitable organization, or anattorney-at-law retained by a charitable organization, shall not be deemed afund raising counsel.

   (8) "Membership" means the collective body of any charitableorganization comprised of persons having voting rights and other powers ofgovernance and who derive a direct benefit or privilege as a member thereof.

   (9) "Person" means and shall include any individual,organization, group, association, partnership, corporation, trust, limitedliability company, and combination of the foregoing, however formed, as well asany and all other entities, however formed.

   (10) "Professional fund raiser" means any person who directlyor indirectly for compensation or other consideration plans, manages, conducts,carries on, or assists in connection with a solicitation for charitablepurposes or individually solicits or who employs or otherwise engages on anybasis another person to solicit for or on behalf of any charitableorganization, or who engages in the business of, or holds himself, herself oritself out to persons as independently engaged in the business of solicitingfor the charitable purpose. Bona fide volunteers or employees of a charitableorganization or fund raising counsel shall not be deemed a professional fundraiser.

   (11) "Professional solicitor" means any person who isemployed or retained for compensation by a professional fund raiser to solicitcontributions for charitable purposes. Bona fide employees of a charitableorganization or fund raising counsel shall not be deemed a professionalsolicitor.

   (12) "Senior Level Executive Employee" means any employee ofa charitable organization whose compensation is in excess of the amountspecified as requiring disclosure on United States Internal Revenue ServiceForm 990 (or the appropriate successor form by whatever name or number it maybe called or designated).

   (13) "Solicit" and "solicitation" means to appeal or request,directly or indirectly, whether express or implied, for money, credit,property, financial assistance, or any other thing of value by means of mail,personal contact, written material, radio, telephone, television, news media,magazines or other periodicals or any other means of plea or representationthat the money, credit, property, financial assistance, or other thing of valuewill be used for a charitable purpose.

   (ii) Solicitation is deemed to have taken place when theappeal or request is made, whether or not the person making the appeal orrequest receives any contributions.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-5 > Chapter-5-53-1 > 5-53-1-1

SECTION 5-53.1-1

   § 5-53.1-1  Definitions. – The following words and phrases as used in this chapter have the followingmeanings unless a different meaning is required by the context:

   (1) "Charitable organization" means any organizationsoliciting for a charitable purpose or any organization holding themselves outas such.

   (2) "Charitable purpose" means, but is not limited to, anybenevolent, educational, humane, patriotic, social service, civic,philanthropic, scientific, literary or eleemosynary purpose.

   (3) "Contribution" means the promise or grant of any money,property or anything of value obtained through solicitation except payments bymembers of any organization for fees, dues, fines, assessments, or for servicesrendered to individual members.

   (4) "Department" means the department of business regulation.

   (5) "Director" means the director of the department.

   (6) "Fraudulent act" means that a party made a falserepresentation of a material fact or concealed a material fact with theintention to deceive; that the party intended that a person rely on thismaterial representation or misinformation and that there was justifiablereliance on this representation or misinformation.

   (7) "Fund raising counsel" means any person who forcompensation consults with a charitable organization or who plans, manages,advises, or assists with respect to the solicitation of contributions for or onbehalf of a charitable organization, but who does not have access tocontributions or other receipts from a solicitation and who does not solicit.Bona fide volunteers or employees of a charitable organization, or anattorney-at-law retained by a charitable organization, shall not be deemed afund raising counsel.

   (8) "Membership" means the collective body of any charitableorganization comprised of persons having voting rights and other powers ofgovernance and who derive a direct benefit or privilege as a member thereof.

   (9) "Person" means and shall include any individual,organization, group, association, partnership, corporation, trust, limitedliability company, and combination of the foregoing, however formed, as well asany and all other entities, however formed.

   (10) "Professional fund raiser" means any person who directlyor indirectly for compensation or other consideration plans, manages, conducts,carries on, or assists in connection with a solicitation for charitablepurposes or individually solicits or who employs or otherwise engages on anybasis another person to solicit for or on behalf of any charitableorganization, or who engages in the business of, or holds himself, herself oritself out to persons as independently engaged in the business of solicitingfor the charitable purpose. Bona fide volunteers or employees of a charitableorganization or fund raising counsel shall not be deemed a professional fundraiser.

   (11) "Professional solicitor" means any person who isemployed or retained for compensation by a professional fund raiser to solicitcontributions for charitable purposes. Bona fide employees of a charitableorganization or fund raising counsel shall not be deemed a professionalsolicitor.

   (12) "Senior Level Executive Employee" means any employee ofa charitable organization whose compensation is in excess of the amountspecified as requiring disclosure on United States Internal Revenue ServiceForm 990 (or the appropriate successor form by whatever name or number it maybe called or designated).

   (13) "Solicit" and "solicitation" means to appeal or request,directly or indirectly, whether express or implied, for money, credit,property, financial assistance, or any other thing of value by means of mail,personal contact, written material, radio, telephone, television, news media,magazines or other periodicals or any other means of plea or representationthat the money, credit, property, financial assistance, or other thing of valuewill be used for a charitable purpose.

   (ii) Solicitation is deemed to have taken place when theappeal or request is made, whether or not the person making the appeal orrequest receives any contributions.