A. The following persons shall be exempt from the registration requirementsof § 57-49, but shall otherwise be subject to the provisions of this chapter:
1. Educational institutions that are accredited by the Board of Education, bya regional accrediting association or by an organization affiliated with theNational Commission on Accrediting, the Association MontessoriInternationale, the American Montessori Society, the Virginia IndependentSchools Association, or the Virginia Association of Independent Schools, anyfoundation having an established identity with any of the aforementionededucational institutions, and any other educational institution confining itssolicitation of contributions to its student body, alumni, faculty andtrustees, and their families.
2. Persons requesting contributions for the relief of any individualspecified by name at the time of the solicitation when all of thecontributions collected without any deductions whatsoever are turned over tothe named beneficiary for his use.
3. Charitable organizations that do not intend to solicit and receive, duringa calendar year, and have not actually raised or received, during any of thethree next preceding calendar years, contributions from the public in excessof $5,000, if all of their functions, including fund-raising activities, arecarried on by persons who are unpaid for their services and if no part oftheir assets or income inures to the benefit of or is paid to any officer ormember. Nevertheless, if the contributions raised from the public, whetherall of such are or are not received by any charitable organization during anycalendar year, shall be in excess of $5,000, it shall, within 30 days afterthe date it has received total contributions in excess of $5,000, registerwith and report to the Commissioner as required by this chapter.
4. Organizations that solicit only within the membership of the organizationby the members thereof.
5. Organizations that have no office within the Commonwealth, that solicit inthe Commonwealth from without the Commonwealth solely by means of telephoneor telegraph, direct mail or advertising in national media, and that have achapter, branch, or affiliate within the Commonwealth that has registeredwith the Commissioner.
6. Organizations that have been granted tax-exempt status under § 501(c) (3)of the Internal Revenue Code and that are organized wholly as Area HealthEducation Centers in accordance with § 32.1-122.7.
7. Health care institutions defined herein as any facilities that have beengranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, andthat are (i) licensed by the Department of Health or the Department ofBehavioral Health and Developmental Services; (ii) designated by the HealthCare Financing Administration (HCFA) as federally qualified health centers;(iii) certified by the HCFA as rural health clinics; or (iv) wholly organizedfor the delivery of health care services without charge; and any supportingorganization that exists solely to support any such health care institutions.For the purposes of clause (iv), "delivery of health care services withoutcharge" includes the delivery of dental, medical or other health serviceswhere a reasonable minimum fee is charged to cover administrative costs.
8. Civic organizations as defined herein.
9. (Effective until October 1, 2010) Nonprofit debt counseling agencieslicensed pursuant to Chapter 10.2 (§ 6.1-363.2 et seq.) of Title 6.1.
9. (Effective October 1, 2010) Agencies providing or offering to provide debtmanagement plans for consumers that are licensed pursuant to Chapter 20 (§6.2-2000 et seq.) of Title 6.2.
10. Agencies designated by the Virginia Department for the Aging pursuant tosubdivision A 6 of § 2.2-703 as area agencies on aging.
11. Labor unions, labor associations and labor organizations that have beengranted tax-exempt status under § 501(c)(5) of the Internal Revenue Code.
12. Trade associations that have been granted tax-exempt status under §501(c)(6) of the Internal Revenue Code.
13. Organizations that have been granted tax-exempt status under § 501(c)(3)of the Internal Revenue Code and that are organized wholly as regionalemergency medical services councils in accordance with § 32.1-111.11.
14. Nonprofit organizations that have been granted tax-exempt status under §501(c)(3) of the Internal Revenue Code and that solicit contributions onlythrough (i) grant proposals submitted to for-profit corporations, (ii) grantproposals submitted to other nonprofit organizations that have been grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code, or (iii)grant proposals submitted to organizations determined to be privatefoundations under § 509(a) of the Internal Revenue Code.
15. Veterans' posts or veterans' organizations that have been grantedtax-exempt status under § 501(c)(19) of the Internal Revenue Code.
B. A charitable organization shall be subject to the provisions of §§ 57-57and 57-59, but shall otherwise be exempt from the provisions of this chapterfor any year in which it confines its solicitations in the Commonwealth tofive or fewer contiguous cities and counties, and in which it has registeredunder the charitable solicitations ordinance, if any, of each such city andcounty. No organization shall be exempt under this subsection if, during itsnext preceding fiscal year, more than 10 percent of its gross receipts werepaid to any person or combination of persons, located outside the boundariesof such cities and counties, other than for the purchase of real property, ortangible personal property or personal services to be used within suchlocalities. An organization that is otherwise qualified for exemption underthis subsection that solicits by means of a local publication, or radio ortelevision station, shall not be disqualified solely because the circulationor range of such medium extends beyond the boundaries of such cities orcounties.
C. No charitable or civic organization shall be exempt under this sectionunless it submits to the Commissioner, who in his discretion may extend suchfiling deadline prospectively or retrospectively for good cause shown, onforms to be prescribed by him, the name, address and purpose of theorganization and a statement setting forth the reason for the claim forexemption. Parent organizations may file consolidated applications forexemptions for any chapters, branches, or affiliates that they believe to beexempt from the registration provisions of this chapter. If the organizationis exempted, the Commissioner shall issue a letter of exemption, which may beexhibited to the public. A registration fee of $10 shall be required of everyorganization requesting an exemption after June 30, 1984. The letter ofexemption shall remain in effect as long as the organization continues tosolicit in accordance with its claim for exemption.
D. Nothing in this chapter shall be construed as being applicable to theAmerican Red Cross or any of its local chapters.
(1974, c. 574; 1975, c. 221; 1979, cc. 55, 595, 598, 626; 1980, c. 559; 1983,c. 374; 1984, c. 268; 1991, c. 184; 1995, c. 312; 1996, c. 461; 1997, c. 162;1998, cc. 104, 232; 1999, c. 1021; 2000, c. 921; 2002, c. 85; 2003, c. 576;2004, cc. 580, 790; 2005, c. 316; 2009, cc. 813, 840; 2010, cc. 680, 794.)
A. The following persons shall be exempt from the registration requirementsof § 57-49, but shall otherwise be subject to the provisions of this chapter:
1. Educational institutions that are accredited by the Board of Education, bya regional accrediting association or by an organization affiliated with theNational Commission on Accrediting, the Association MontessoriInternationale, the American Montessori Society, the Virginia IndependentSchools Association, or the Virginia Association of Independent Schools, anyfoundation having an established identity with any of the aforementionededucational institutions, and any other educational institution confining itssolicitation of contributions to its student body, alumni, faculty andtrustees, and their families.
2. Persons requesting contributions for the relief of any individualspecified by name at the time of the solicitation when all of thecontributions collected without any deductions whatsoever are turned over tothe named beneficiary for his use.
3. Charitable organizations that do not intend to solicit and receive, duringa calendar year, and have not actually raised or received, during any of thethree next preceding calendar years, contributions from the public in excessof $5,000, if all of their functions, including fund-raising activities, arecarried on by persons who are unpaid for their services and if no part oftheir assets or income inures to the benefit of or is paid to any officer ormember. Nevertheless, if the contributions raised from the public, whetherall of such are or are not received by any charitable organization during anycalendar year, shall be in excess of $5,000, it shall, within 30 days afterthe date it has received total contributions in excess of $5,000, registerwith and report to the Commissioner as required by this chapter.
4. Organizations that solicit only within the membership of the organizationby the members thereof.
5. Organizations that have no office within the Commonwealth, that solicit inthe Commonwealth from without the Commonwealth solely by means of telephoneor telegraph, direct mail or advertising in national media, and that have achapter, branch, or affiliate within the Commonwealth that has registeredwith the Commissioner.
6. Organizations that have been granted tax-exempt status under § 501(c) (3)of the Internal Revenue Code and that are organized wholly as Area HealthEducation Centers in accordance with § 32.1-122.7.
7. Health care institutions defined herein as any facilities that have beengranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, andthat are (i) licensed by the Department of Health or the Department ofBehavioral Health and Developmental Services; (ii) designated by the HealthCare Financing Administration (HCFA) as federally qualified health centers;(iii) certified by the HCFA as rural health clinics; or (iv) wholly organizedfor the delivery of health care services without charge; and any supportingorganization that exists solely to support any such health care institutions.For the purposes of clause (iv), "delivery of health care services withoutcharge" includes the delivery of dental, medical or other health serviceswhere a reasonable minimum fee is charged to cover administrative costs.
8. Civic organizations as defined herein.
9. (Effective until October 1, 2010) Nonprofit debt counseling agencieslicensed pursuant to Chapter 10.2 (§ 6.1-363.2 et seq.) of Title 6.1.
9. (Effective October 1, 2010) Agencies providing or offering to provide debtmanagement plans for consumers that are licensed pursuant to Chapter 20 (§6.2-2000 et seq.) of Title 6.2.
10. Agencies designated by the Virginia Department for the Aging pursuant tosubdivision A 6 of § 2.2-703 as area agencies on aging.
11. Labor unions, labor associations and labor organizations that have beengranted tax-exempt status under § 501(c)(5) of the Internal Revenue Code.
12. Trade associations that have been granted tax-exempt status under §501(c)(6) of the Internal Revenue Code.
13. Organizations that have been granted tax-exempt status under § 501(c)(3)of the Internal Revenue Code and that are organized wholly as regionalemergency medical services councils in accordance with § 32.1-111.11.
14. Nonprofit organizations that have been granted tax-exempt status under §501(c)(3) of the Internal Revenue Code and that solicit contributions onlythrough (i) grant proposals submitted to for-profit corporations, (ii) grantproposals submitted to other nonprofit organizations that have been grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code, or (iii)grant proposals submitted to organizations determined to be privatefoundations under § 509(a) of the Internal Revenue Code.
15. Veterans' posts or veterans' organizations that have been grantedtax-exempt status under § 501(c)(19) of the Internal Revenue Code.
B. A charitable organization shall be subject to the provisions of §§ 57-57and 57-59, but shall otherwise be exempt from the provisions of this chapterfor any year in which it confines its solicitations in the Commonwealth tofive or fewer contiguous cities and counties, and in which it has registeredunder the charitable solicitations ordinance, if any, of each such city andcounty. No organization shall be exempt under this subsection if, during itsnext preceding fiscal year, more than 10 percent of its gross receipts werepaid to any person or combination of persons, located outside the boundariesof such cities and counties, other than for the purchase of real property, ortangible personal property or personal services to be used within suchlocalities. An organization that is otherwise qualified for exemption underthis subsection that solicits by means of a local publication, or radio ortelevision station, shall not be disqualified solely because the circulationor range of such medium extends beyond the boundaries of such cities orcounties.
C. No charitable or civic organization shall be exempt under this sectionunless it submits to the Commissioner, who in his discretion may extend suchfiling deadline prospectively or retrospectively for good cause shown, onforms to be prescribed by him, the name, address and purpose of theorganization and a statement setting forth the reason for the claim forexemption. Parent organizations may file consolidated applications forexemptions for any chapters, branches, or affiliates that they believe to beexempt from the registration provisions of this chapter. If the organizationis exempted, the Commissioner shall issue a letter of exemption, which may beexhibited to the public. A registration fee of $10 shall be required of everyorganization requesting an exemption after June 30, 1984. The letter ofexemption shall remain in effect as long as the organization continues tosolicit in accordance with its claim for exemption.
D. Nothing in this chapter shall be construed as being applicable to theAmerican Red Cross or any of its local chapters.
(1974, c. 574; 1975, c. 221; 1979, cc. 55, 595, 598, 626; 1980, c. 559; 1983,c. 374; 1984, c. 268; 1991, c. 184; 1995, c. 312; 1996, c. 461; 1997, c. 162;1998, cc. 104, 232; 1999, c. 1021; 2000, c. 921; 2002, c. 85; 2003, c. 576;2004, cc. 580, 790; 2005, c. 316; 2009, cc. 813, 840; 2010, cc. 680, 794.)
A. The following persons shall be exempt from the registration requirementsof § 57-49, but shall otherwise be subject to the provisions of this chapter:
1. Educational institutions that are accredited by the Board of Education, bya regional accrediting association or by an organization affiliated with theNational Commission on Accrediting, the Association MontessoriInternationale, the American Montessori Society, the Virginia IndependentSchools Association, or the Virginia Association of Independent Schools, anyfoundation having an established identity with any of the aforementionededucational institutions, and any other educational institution confining itssolicitation of contributions to its student body, alumni, faculty andtrustees, and their families.
2. Persons requesting contributions for the relief of any individualspecified by name at the time of the solicitation when all of thecontributions collected without any deductions whatsoever are turned over tothe named beneficiary for his use.
3. Charitable organizations that do not intend to solicit and receive, duringa calendar year, and have not actually raised or received, during any of thethree next preceding calendar years, contributions from the public in excessof $5,000, if all of their functions, including fund-raising activities, arecarried on by persons who are unpaid for their services and if no part oftheir assets or income inures to the benefit of or is paid to any officer ormember. Nevertheless, if the contributions raised from the public, whetherall of such are or are not received by any charitable organization during anycalendar year, shall be in excess of $5,000, it shall, within 30 days afterthe date it has received total contributions in excess of $5,000, registerwith and report to the Commissioner as required by this chapter.
4. Organizations that solicit only within the membership of the organizationby the members thereof.
5. Organizations that have no office within the Commonwealth, that solicit inthe Commonwealth from without the Commonwealth solely by means of telephoneor telegraph, direct mail or advertising in national media, and that have achapter, branch, or affiliate within the Commonwealth that has registeredwith the Commissioner.
6. Organizations that have been granted tax-exempt status under § 501(c) (3)of the Internal Revenue Code and that are organized wholly as Area HealthEducation Centers in accordance with § 32.1-122.7.
7. Health care institutions defined herein as any facilities that have beengranted tax-exempt status under § 501(c)(3) of the Internal Revenue Code, andthat are (i) licensed by the Department of Health or the Department ofBehavioral Health and Developmental Services; (ii) designated by the HealthCare Financing Administration (HCFA) as federally qualified health centers;(iii) certified by the HCFA as rural health clinics; or (iv) wholly organizedfor the delivery of health care services without charge; and any supportingorganization that exists solely to support any such health care institutions.For the purposes of clause (iv), "delivery of health care services withoutcharge" includes the delivery of dental, medical or other health serviceswhere a reasonable minimum fee is charged to cover administrative costs.
8. Civic organizations as defined herein.
9. (Effective until October 1, 2010) Nonprofit debt counseling agencieslicensed pursuant to Chapter 10.2 (§ 6.1-363.2 et seq.) of Title 6.1.
9. (Effective October 1, 2010) Agencies providing or offering to provide debtmanagement plans for consumers that are licensed pursuant to Chapter 20 (§6.2-2000 et seq.) of Title 6.2.
10. Agencies designated by the Virginia Department for the Aging pursuant tosubdivision A 6 of § 2.2-703 as area agencies on aging.
11. Labor unions, labor associations and labor organizations that have beengranted tax-exempt status under § 501(c)(5) of the Internal Revenue Code.
12. Trade associations that have been granted tax-exempt status under §501(c)(6) of the Internal Revenue Code.
13. Organizations that have been granted tax-exempt status under § 501(c)(3)of the Internal Revenue Code and that are organized wholly as regionalemergency medical services councils in accordance with § 32.1-111.11.
14. Nonprofit organizations that have been granted tax-exempt status under §501(c)(3) of the Internal Revenue Code and that solicit contributions onlythrough (i) grant proposals submitted to for-profit corporations, (ii) grantproposals submitted to other nonprofit organizations that have been grantedtax-exempt status under § 501(c)(3) of the Internal Revenue Code, or (iii)grant proposals submitted to organizations determined to be privatefoundations under § 509(a) of the Internal Revenue Code.
15. Veterans' posts or veterans' organizations that have been grantedtax-exempt status under § 501(c)(19) of the Internal Revenue Code.
B. A charitable organization shall be subject to the provisions of §§ 57-57and 57-59, but shall otherwise be exempt from the provisions of this chapterfor any year in which it confines its solicitations in the Commonwealth tofive or fewer contiguous cities and counties, and in which it has registeredunder the charitable solicitations ordinance, if any, of each such city andcounty. No organization shall be exempt under this subsection if, during itsnext preceding fiscal year, more than 10 percent of its gross receipts werepaid to any person or combination of persons, located outside the boundariesof such cities and counties, other than for the purchase of real property, ortangible personal property or personal services to be used within suchlocalities. An organization that is otherwise qualified for exemption underthis subsection that solicits by means of a local publication, or radio ortelevision station, shall not be disqualified solely because the circulationor range of such medium extends beyond the boundaries of such cities orcounties.
C. No charitable or civic organization shall be exempt under this sectionunless it submits to the Commissioner, who in his discretion may extend suchfiling deadline prospectively or retrospectively for good cause shown, onforms to be prescribed by him, the name, address and purpose of theorganization and a statement setting forth the reason for the claim forexemption. Parent organizations may file consolidated applications forexemptions for any chapters, branches, or affiliates that they believe to beexempt from the registration provisions of this chapter. If the organizationis exempted, the Commissioner shall issue a letter of exemption, which may beexhibited to the public. A registration fee of $10 shall be required of everyorganization requesting an exemption after June 30, 1984. The letter ofexemption shall remain in effect as long as the organization continues tosolicit in accordance with its claim for exemption.
D. Nothing in this chapter shall be construed as being applicable to theAmerican Red Cross or any of its local chapters.
(1974, c. 574; 1975, c. 221; 1979, cc. 55, 595, 598, 626; 1980, c. 559; 1983,c. 374; 1984, c. 268; 1991, c. 184; 1995, c. 312; 1996, c. 461; 1997, c. 162;1998, cc. 104, 232; 1999, c. 1021; 2000, c. 921; 2002, c. 85; 2003, c. 576;2004, cc. 580, 790; 2005, c. 316; 2009, cc. 813, 840; 2010, cc. 680, 794.)
