(1) Every commercial fund-raiser must execute a surety bond if it:
(a) Directly or indirectly receives contributions from the public on behalf of any charitable organization;
(b) Is compensated based upon funds raised or to be raised, number of solicitations made or to be made, or any other similar method;
(c) Incurs or is authorized to incur expenses on behalf of the charitable organization; or
(d) Has not been registered with the secretary as a commercial fund-raiser for the preceding accounting year.
(2) The surety bond must be executed as principal in the amount prescribed by the secretary in rule. The issuer of the surety bond must be licensed to do business in this state, and must promptly notify the secretary when claims or payments are made against the bond or when the bond is canceled. The bond must be filed with the secretary in the form prescribed by the secretary. The bond must run to the state and to any person who may have a cause of action against the obligor of said bond for any malfeasance, misfeasance, or deceptive practice in the conduct of solicitations.
The secretary may also provide by rule for the reduction and reinstatement of the bond required by this section.
[ 2011 c 199 § 11.]