Agreements

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

    (a)    An agreement between a charitable organization and a fund–raising counsel or professional solicitor and any subcontract or other contract in furtherance of such an agreement shall be in writing.

    (b)    A fund–raising counsel or professional solicitor shall submit to the Secretary of State a copy of all agreements under subsection (a) of this section on or before the earlier of:

        (1)    the tenth day after the agreement is made; or

        (2)    the start of a charitable solicitation.

    (c)    The text that a professional solicitor or associate solicitor uses in a charitable solicitation shall be attached to the agreement and shall include:

        (1)    the name of the charitable organization for which the charitable solicitation is made;

        (2)    the specific charitable purpose that is to be advanced with charitable contributions as shown in the registration statement; and

        (3)    a statement that the person who solicits charitable contributions:

            (i)    is a paid fund–raiser; and

            (ii)    on request, will provide a copy of the charitable organization’s financial statement.

    (d)    An agreement between a professional solicitor, fund–raising counsel, or charitable organization and a person engaged to receive or hold contributions resulting from a professional solicitor or fund–raising counsel agreement shall be attached to the professional solicitor or fund–raising counsel agreement filed with the Secretary of State.

    (e)    An agreement between a charitable organization and a fund–raising counsel or professional solicitor may not contain a provision that states:

        (1)    that the charitable organization may not use contributions from a solicitation for its charitable purposes until some or all fund–raising expenses have been paid; or

        (2)    that the professional solicitor or fund–raising counsel may engage in a direct mail or other solicitation in the charity’s name for the purpose of paying or offsetting preexisting fund–raising expenses.


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