Section 23-7-8-2 - Registration; required disclosure of information; term; renewal; contract; notice(a) A person may not act as a professional fundraiser consultant or professional solicitor for a charitable organization unless the person has first registered with the division. A person who applies for registration shall disclose the following information while under oath: (1) The names and addresses of all officers, employees, and agents who are actively involved in fundraising or related activities.(2) The names and addresses of all persons who own a ten percent (10%) or more interest in the registrant.(3) A description of any other business related to fundraising conducted by the registrant or any person who owns ten percent (10%) or more interest.(4) The name or names under which it intends to solicit contributions.(5) Whether the organization has ever had its registration denied, suspended, revoked, or enjoined by any court or other governmental authority.(b) A registrant shall notify the division in writing within one hundred eighty (180) days of any change in the information contained in the registration. However, if requested by the division, the solicitor has fifteen (15) days to notify the division of any change in the information.(c) Before acting as a professional fundraiser consultant for a particular charitable organization, the consultant must enter into a written contract with the organization and file this contract with the division. The contract must identify the services that the professional fundraiser consultant is to provide, including whether the professional fundraiser consultant will at any time have custody of contributions.(d) Before a professional solicitor engages in a solicitation, the professional solicitor must have a contract which is filed with the division. This contract must specify the percentage of gross contributions which the charitable organization will receive or the terms upon which a determination can be made as to the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. The amount of gross revenue from the solicitation campaign that the charitable organization will receive must be expressed as a fixed percentage of the gross revenue or expressed as a reasonable estimate of the percentage of the gross revenue. If a reasonable estimate is used, the contract must clearly disclose the assumptions or a formula upon which the estimate is based. If a fixed percentage is used, the percentage must exclude any amount that the charitable organization is to pay as expenses of the solicitation campaign, including the cost of the merchandise or services sold. If requested by the charitable organization, the person who solicits must at the conclusion of a charitable appeal provide to the charitable organization a final accounting of all expenditures. The final accounting may not be used in violation of any trade secret laws. The contract must disclose the average percentage of gross contributions collected on behalf of charitable organizations that the charitable organizations received from the professional solicitor for the three (3) years preceding the year in which the contract is formed. The contract also must specify that, at least every ninety (90) days, the professional solicitor shall provide the charitable organization with access to and use of information concerning contributors, including the name, address, and telephone number of each contributor and the date and amount of each contribution. A professional solicitor may not restrict a charitable organization's use of contributor information.(e) Before beginning a solicitation campaign, a professional solicitor must file a solicitation notice with the division. The notice must include the following: (1) A copy of the contract described in subsection (d).(2) The projected dates when soliciting will begin and end.(3) The location and telephone number from where solicitation will be conducted.(4) The name and residence address of each person responsible for directing and supervising the conduct of the campaign. However, the division shall not divulge the residence address unless ordered to do so by a court of competent jurisdiction, or in furtherance of the prosecution of a violation under this chapter.(5) If the solicitation is one described under section 7(a)(3) of this chapter, the solicitation notice must include a copy of the required written authorization.(f) Not later than ninety (90) days after a solicitation campaign has ended and not later than ninety (90) days after the anniversary of the commencement of a solicitation campaign lasting more than one (1) year, a professional solicitor shall submit the following information concerning the campaign to the division:(1) The total gross amount of money raised by the professional solicitor and the charitable organization from donors.(2) The total amount of money paid to or retained by the professional solicitor.(3) The total amount of money, not including the amount identified under subdivision (2), paid by the charitable organization as expenses as part of the solicitation campaign.(4) The total amount of money paid to or retained by the charitable organization after the amounts identified under subdivisions (2) and (3) are deducted. The division may deny or revoke the registration of a professional solicitor who fails to comply with this subsection.
(g) The charitable organization on whose behalf the professional solicitor is acting must certify that the information filed under subsections (e) and (f) is true and complete to the best of its knowledge.(h) At the beginning of each solicitation call, a professional fundraiser consultant and a professional solicitor must state all of the following: (1) The name of the company for whom the professional fundraiser consultant or professional solicitor is calling.(2) The name of the professional fundraiser consultant or professional solicitor.(3) The phone number and address of the location from which the professional fundraiser consultant or professional solicitor is making the telephone call.(4) The percentage of the charitable contribution that will be expended for charitable purposes after administrative costs and the costs of making the solicitation have been satisfied.(i) At least every ninety (90) days, a professional solicitor shall provide each charitable organization on whose behalf the professional solicitor is acting with access to and use of information concerning contributors, including the name, address, and telephone number of each contributor and the date and amount of each contribution. A professional solicitor may not restrict a charitable organization's use of information provided under this subsection.As added by P.L. 245-1983, SEC.1. Amended by P.L. 248-1987, SEC.2; P.L. 24-1989, SEC.3; P.L. 48-1998, SEC.1; P.L. 135-1999, SEC.8; P.L. 155-2003, SEC.1; P.L. 97-2004, SEC.86; P.L. 245-2005, SEC.2.