Fines - required notification - rules.

Checkout our iOS App for a better way to browser and research.

(1) (a) Any charitable organization, professional fundraising consultant, or paid solicitor who, after sufficient notification by the secretary of state, fails to properly register, renew a registration, file a financial report required by section 6-16-104 (2)(f), (4)(b), or (5), or file a financial report of a solicitation campaign under this article 16 by the end of the seventh day following the issuance of the final notice, is liable for a fine in an amount to be established by rule promulgated by the secretary of state.

(b) The secretary of state provides sufficient notification under this section if the secretary:

  1. Mails at least two notices by first-class mail to the address of record for the charitableorganization, professional fundraising consultant, or paid solicitor; and

  2. If the charitable organization, professional fundraising consultant, or paid solicitorhas provided the secretary with an e-mail address, sends at least two notices to that e-mail address.

  1. The fine for filing a registration renewal, financial report required by section 6-16104 (2)(f), (4)(b), or (5), or solicitation campaign financial report late must not exceed one hundred dollars per year for charities or two hundred dollars per year for paid solicitors; except that a charitable organization that fails to timely renew its registration and fails to file the financial report required by section 6-16-104 (5) is only subject to a single fine for the failure to renew its registration.

  2. The fine for soliciting before registering must not exceed three hundred dollars peryear for a charitable organization or one thousand dollars per year for paid solicitors.

  1. If a paid solicitor fails to file a solicitation notice at least fifteen days before commencing a solicitation campaign, the secretary of state shall assess against the paid solicitor, at the time the paid solicitor files the solicitation notice, a fine in an amount established in rules promulgated by the secretary of state.

  2. A fine imposed under this section is in addition to any other filing fee provided bythis article.

Source: L. 2008: Entire section added, p. 807, § 4, effective September 1. L. 2010: Entire section amended, (HB 10-1403), ch. 404, p. 1993, § 1, effective August 11. L. 2014: Entire section amended, (HB 14-1206), ch. 118, p. 422, § 7, effective August 6. L. 2017: (1)(a), (1)(b), and (1)(c) amended, (HB 17-1158), ch. 160, p. 596, § 7, effective October 1, 2018.


Download our app to see the most-to-date content.