(A) A person may not act as a professional solicitor, professional fundraising counsel, or commercial co-venturer for a charitable organization subject to the provisions of this chapter without first having registered with the Secretary of State. Registration includes filing of a complete application and filing fee. An application for registration must be in writing under oath or affirmation in the form prescribed by the Secretary of State and accompanied by an annual fee of fifty dollars.
(B) The application for a professional solicitor must be signed by its chief executive officer and chief financial officer and certified as true, and must include the following:
(1) legal name of the applicant and all other names under which the professional solicitor is known or operates;
(2) principal address of the applicant and address of officers and directors of the applicant;
(3) list of employees, whether full time, part time, or contract, and their job titles;
(4) form of the applicant's business;
(5) names, addresses, and titles of all current principal officers, directors, individual owners, or partners, and those for the preceding three years;
(6) list of the full names and addresses of each state in which an applicant is registered currently as a professional solicitor or professional fundraising counsel;
(7) list of charitable organizations with which an applicant contracted in this State for the previous three years;
(8) registration fee of fifty dollars;
(9) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners is or has been the subject of a legal or administrative action, including an injunction, concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, suspensions, or voluntary agreement to discontinue any charitable solicitation activity and, if so, a written explanation of those actions;
(10) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners has been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, false statement, forgery, or theft, including identity theft, in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(11) list of individuals who serve as couriers or employees to personally collect contributed funds from solicited parties, as applicable; and
(12) statement as to the relationship of any of the officers, directors, trustees, or board members of the professional solicitor to:
(a) each other; or
(b) a director, officer, agent, or employee of a charitable organization under contract with the professional fundraising counsel or solicitor.
(C) The application for an individual professional solicitor employed by a professional solicitor company registered pursuant to subsection (B) must be signed by the applicant and certified as true, and must include the following:
(1) legal name and address of the applicant;
(2) legal name and address of the applicant's employer;
(3) list of the full names and addresses of each state in which an applicant is registered currently as a professional solicitor or professional fundraising counsel;
(4) list of charitable organizations with which an applicant contracted in this State for the previous three years;
(5) registration fee of fifty dollars;
(6) statement as to whether the applicant is or has been the subject of a legal or administrative action, including an injunction, concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, suspensions, or voluntary agreement to discontinue any charitable solicitation activity and, if so, a written explanation of those actions; and
(7) statement as to whether the applicant is or has been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, false statement, forgery, or theft, including identity theft, in a jurisdiction within the United States and, if so, a description and date of any such conviction.
(D) The application for a professional fundraising counsel must be signed by its chief executive officer and chief financial officer and certified as true, and must include the following:
(1) legal name of the applicant and all other names under which the professional fundraising counsel is known or operates;
(2) principal address of the applicant and address of officers and directors of the applicant;
(3) list of employees, whether full time, part time, or contract, and their job titles;
(4) form of the applicant's business;
(5) names, addresses, and titles of all current principal officers, directors, individual owners, or partners, and those for the preceding three years;
(6) list of the full names and addresses of each state in which an applicant is registered currently as a professional fundraising counsel or professional solicitor;
(7) list of charitable organizations with which an applicant contracted in this State for the previous three years;
(8) registration fee of fifty dollars;
(9) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners is or has been the subject of a legal or administrative action, including an injunction, concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, suspensions, or voluntary agreement to discontinue any charitable solicitation activity and, if so, a written explanation of those actions;
(10) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners has been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, false statement, forgery, or theft, including identity theft, in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(11) statement as to the relationship of any of the officers, directors, trustees, or board members to:
(a) each other; or
(b) a director, officer, agent, or employee of a charitable organization under contract with the professional fundraising counsel.
(E) The application for a commercial co-venturer must be signed by its chief executive officer and chief financial officer and certified as true, and must include the following:
(1) legal name of the applicant and all other names under which the commercial co-venturer is known or operates;
(2) principal address of the applicant and address of officers and directors of the applicant;
(3) form of the applicant's business;
(4) list of the full names and addresses of each state in which an applicant is registered currently as a commercial co-venturer;
(5) list of charitable organizations with which an applicant contracted in this State for the previous three years;
(6) registration fee of fifty dollars;
(7) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners is or has been the subject of a legal or administrative action, including an injunction, concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, suspensions, or voluntary agreement to discontinue any charitable solicitation activity and, if so, a written explanation of those actions;
(8) statement as to whether the applicant, or its directors, principal officers, individual owners, or partners has been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, false statement, forgery, or theft, including identity theft, in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(9) statement as to the relationship of any of the officers, directors, trustees, or board members to:
(a) each other; or
(b) a director, officer, agent, or employee of a charitable organization under contract with the commercial co-venturer.
(F) At the time of application, a professional solicitor registered pursuant to subsection (B) shall file with and have approved by the Secretary of State a surety bond, and a list of all professional solicitors operating under the bond. The applicant or its employer must be the principal obligor in the sum of fifteen thousand dollars, with one or more sureties that are satisfactory to the Secretary of State and whose liability in the aggregate as the sureties at least equals that sum, and shall maintain the bond in effect so long as a registration is in effect. A deposit of cash in the amount of fifteen thousand dollars may be accepted instead of the bond. The bond shall run to the State of South Carolina for the use of the Secretary of State or his appropriate division and a person who has cause of action against the obligor of the bond for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities or any violation of this chapter. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.
(G) Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Secretary of State and upon payment of the fee prescribed in this chapter.
(H) A professional solicitor, professional fundraising counsel, or commercial co-venturer that fails to comply with the provisions of this section is liable for an administrative fine of ten dollars for each day of noncompliance, not to exceed two thousand dollars for each separate violation.
(I) A professional solicitor or professional fundraising counsel that has been convicted of or pled guilty or nolo contendere to a crime involving charitable solicitation activities or a felony involving fraud, dishonesty, false statement, forgery, or theft, including identity theft, in a jurisdiction within the United States in the past five years may be ineligible for registration as a professional solicitor or professional fundraising counsel in the State of South Carolina.
HISTORY: 1994 Act No. 461, Section 1; 1996 Act No. 458, Part II, Section 28L; 1998 Act No. 368, Section 13, eff July 1, 1998; 2000 Act No. 336, Section 1; 2014 Act No. 135 (H.3367), Section 4, eff March 13, 2014.
Effect of Amendment
2014 Act No. 135, Section 4, rewrote the section.